SELF-STORAGE RENTAL AGREEMENT
Date: ____________________, 2024
UNIT INFORMATION:
Unit Number (the “Unit”) _____________________________________________
Unit Size _______________________Start Date____________________________
Rent $____________ / week + tax, billed first of each month, subject to increase or revision, see Section 4a. Code Provided __________
CUSTOMER INFORMATION:
Customer’s Name: _______________________________________________________
Address: ________________________________________________________________________________
City:_______________________ Province:_______________________ Postal Code: _______________________ Email: ______________________________________________________________________________________
Home #: _______________________ Cell #: __________________________ Business #: _____________________
HOW WOULD YOU LIKE TO PAY?
OPTION 1: Langman's Storage Center charges your credit card at the first of the month.
Langman's Storage Center has my authority to charge the below credit card and any other credit card provided by me to Langman's Storage Center through verbal (including telephone) or written correspondence, for all amounts owing under this Agreement. I agree that it is solely my responsibility to update my credit card information on file when I change cards, my card is compromised, or my card expires. Langman's Storage Center is not liable for my failure to ensure the credit card on file is active, current and has credit available. If I fail to notify Langman's Storage Center in writing before my credit card is debited for the Rent for the month of termination, I understand that I shall not receive a refund on any unused portion of the final month’s rent.
Signature: __________________________
Card Type: Visa Mastercard Name on Card: Date: __________ Credit Card Number: ______________________________
CVV#: ____________ Expiry: _________
OPTION 2: You will send an e-transfer (to donna@langmansstorage.com) at the first of the month.
THIS RENTAL AGREEMENT (the “Agreement”) is executed by and between Langman's Storage Center Inc. (“Langman's Storage Center”) and You and are subject to amendment and updates by Langman's Storage Centre in accordance with Section 14. All current terms and conditions of this Agreement are posted at www.langmansstorage.com.
FOR GOOD AND VALUABLE CONSIDERATION, the receipt and sufficiency of which is hereby irrevocably acknowledged, the parties hereto agree to the following:
1. KEY TERMS AND DEFINITIONS:
Definition
Description
Deposit
Amount required by Langman's Storage Centre in addition to Rent, due on signing of this Agreement.
Facility
The entire self-storage facility at the business address listed on Page 1, including but not limited to common areas and immediate perimeter areas, such as the roadside curb and areas adjacent to the perimeter fencing, gate or barriers.
Late Charge
$10 applied and due 10 days after any amount of Rent is not paid on a Rent Date and applies cumulatively to each period of late Rent. For example, if Rent is late for 2 Rent Dates, the Late Charge is $10 for the first Rent Date and $20 for the second Rent Date, for a cumulative Late Charge of $30.
Lien Charge
$20 for each registered letter sent by Langman’s Storage to You and (i) $500 for sales costs to dispose of contents if Unit does not include a vehicle or vehicle-like item, or (ii) $1,000 if Unit contains a vehicle or vehicle-like item.
Rent
The amount due and payable first of the month by You to Langman’s Storage and defined on Page 1, subject to Rent increases as described in Section 4b, which shall update the amount of Rent.
Rent Date
The day Rent is due and payable by You to Langman’s Storage Centre, being each billing cycle, which is the first of the month.
Start Date
The date that your Unit rental begins and defined on Page 1.
Unit
The unit assigned to you defined on Page 1.
2. UNIT:
a. Rental of Unit. You hereby rent the Unit beginning on the Start Date from Langman's Storage Centre pursuant to the terms and conditions set forth herein.
b. Facility including Common Areas. The Unit is included in the Facility which contains similar leased premises and common areas as may be designated from time-to-time by Langman’s Storage, in its sole discretion, for use by You and others.
c. Inspection of Unit. You acknowledge that You have inspected the Unit and You acknowledge that the Unit is in good condition and repair.
d. No Alterations or Repairs to Unit or Facility. You shall not make, authorise, or effect any repairs or alterations of any kind to the Unit or the Facility, or apply any markings or signs, identifying features such as ribbons or flags, or paint or modify the Unit in any way whatsoever. You agree that any modifications, repairs or alterations of any kind to the Unit or the Facility shall conclusively deem You in default of this Agreement.
e. Maintenance and Repair of the Unit. You shall immediately notify Langman's Storage Centre of any maintenance or repairs required for the Unit. Langman's Storage Centre will undertake such work that it deems necessary at its sole discretion within a reasonable time.
f. Unit Restrictions. (i) You acknowledge that loaded contents in the Unit or at the Facility will not exceed 8,000 lbs. (ii) You are not authorised to move a Unit; doing so will constitute a breach of this Agreement. (iii) You will notify Langman's Storage Centre, in writing, of the vehicle identification number (V.I.N.) of any vehicle stored on the property.
3. TERM: The term of this Agreement shall commence on the Start Date and shall automatically renew on the first of each month thereafter until terminated in accordance with the terms and conditions set forth herein.
4. FEES AND CHARGES:
a. Rent: You shall pay the Rent to Langman's Storage Centre for the use of the Unit, without abatement, deduction, set-off, prior notice, demand or billing statement, plus any applicable taxes, on the Start Date and payable thereafter in advance of the Rent Date. You shall pay Rent until the Unit is returned to Langman's Storage Centre with the lock removed, clean and empty of goods and the Unit is fit for subsequent rental.
b. Rent Increase: Langman's Storage Centre may increase the current Rent upon 30 days’ prior written notice to You and such increase shall replace the amount of Rent described on Page 1. No single increase in Rent shall be more than $50 per billing cycle.
c. Deposit: You shall pay the Deposit in advance of the Start Date to be used by Langman's Storage Centre for the cost of any repairs to the Unit or clean-up charges. The Deposit may, at Langman’s Storage Centre’s option, be used to cure any default by You, but does not preclude Langman's Storage Centre from pursuing other rights to recover. In the event it is so used by Langman's Storage Centre, You shall, immediately upon demand by Langman's Storage Centre, replenish the Deposit.
d. Late Charge: If You fail to pay the Rent by the Rent Date, You shall pay, in addition to any other amounts due, the Late Charge.
e. Lien Charge: If You are delinquent in the payment of Rent or other charges due under this Agreement for more than 31 days, in addition to Langman's Storage Centre’s lien rights under Section 10, You shall pay the Lien Charge to Langman's Storage Centre, whether or not a sale occurs, and You shall pay any sale or disposal costs incurring by Langman's Storage Centre in respect of the Unit.
f. Taxes: You assume all responsibility for, and will promptly pay when due, all taxes and other amounts imposed by any governmental authority, and all licence and permit fees payable in connection with this Agreement.
5. USE OF UNIT AND COMPLIANCE WITH LAW:
a. ZERO-TOLERANCE. Langman's Storage Centre has a zero-tolerance policy with respect to stolen items, controlled substances, weapons, nuisance, mischief, residing in a unit, breaking the law, or using the Facility in a way that is inappropriate, in particular if such use diminishes security of the Facility, the units within, or the individuals using such Facility. You acknowledge and agree that any breach of the provisions contained in this Section shall conclusively deem You in default of this Agreement and You are aware that such default will result in consequences to you, including the disposal of all items within the Unit, filing a complaint with local police authority, or other similar actions.
b. Personal Property Only. The Unit shall be used solely for the purpose of storing personal property.
c. Unit Doors Open When You are Present. The doors to the Unit must be kept OPEN at all times while You are accessing the Unit.
d. Lock Removal. You shall not cut, grind or saw a lock from any unit at the Facility, including from Your Unit. Lock removal must be scheduled with Langman's Storage Centre and may be subject to a fee.
e. Value of Your Property Capped at $5,000. Because the value of the stored personal property may be difficult or impossible to ascertain, You agree that under no circumstances will the aggregate value of all personal property stored in the Unit exceed, or be deemed to exceed, $5,000. You understand and agree that Langman's Storage Centre need not be concerned with the kind, quantity, ownership or value of personal property or other goods stored by You in or about the Unit. You acknowledge and agree that the value of heirlooms or precious, invaluable or irreplaceable property such as books, records, writings, works of art, objects for which no immediate resale market exists, objects which are claimed to have special or emotional value to You, or records or receipts relating to the stored goods shall not exceed the salvage value of the raw materials of which the item is constituted.
f. Prohibited Uses. You shall not, under any circumstances, use the Unit for: (i) residential living purposes; (ii) practising or rehearsing music; (iii) a workshop of any kind; (iv) vehicle maintenance or repair; (v) storage of foodstuffs, animals, plants, insects or any perishables; (vi) the manufacture, distribution, use or storage of illegal or controlled substances; (vii) the manufacture, distribution, use or storage of flammable, explosive, toxic or any other inherently dangerous material; or (viii) the operation of a business of any kind whatsoever, including the selling of goods as a flea market, second-hand outlet, garage sale or auction at the Unit or Facility.
g. Prohibited Storage and Activities. (i) The Unit shall not be used for unlawful purposes and will be kept in good condition by You. (ii) No property shall be stored in the Unit unless You are the owner of such property or otherwise have a legal right to possess such property. (iii) You shall not store in the Unit any items which would violate any law or any order, requirement, rule or regulation imposed by any local, provincial or federal agency or department. (iv) You shall not commit or cause to be committed any act which creates or may create a nuisance in or on the Facility in which the Unit is located. (v) You shall not smoke on or within the Facility, even if such substance is legal. (vi) You shall not loiter on or within the Facility and shall respect the privacy of other individuals at the Facility. (vii) You shall not share your access information with any other individual and if access information is shared, you shall immediately notify Langman's Storage Centre so access information can be changed. (viii) You shall not intimidate, threaten or harm any individual or property within or on the Facility, including but not limited to employees, contractors and other customers of Langman’s Storage Centre.
6. ACCESS:
a. Access Hours. You shall have access to the Unit in accordance with the access hours set by Langman's Storage Centre in its sole discretion, provided that You are not in default under this Agreement.
b. Access Suspension. Upon a default by You occurring pursuant to this Agreement, Your rights to access the Unit shall cease until such default has been cured. In the event Rent is not paid on the Rent Date, Langman's Storage Centre shall have the right, but not the obligation to place its own lock on the Unit, not to be removed until all outstanding amounts are paid by You. In the event that Langman's Storage Centre cannot place a lock on the Unit,
c. Langman's Storage Centre Access to Unit. Langman's Storage Centre shall have the right to access the Unit at all reasonable times for all legal purposes, repair and maintenance purposes or upon default or termination of this Agreement. In the event You do not grant access to the Unit as required, Langman's Storage Centre shall have the right to remove Your lock and enter the Unit to examine its contents, make repairs or alterations, or take any action necessary to preserve the Unit, enforce Langman’s Storage Centre’s right or comply with applicable laws.
7. INSURANCE:
a. Property Stored at Your Risk. ALL PROPERTY IS STORED BY YOU AT YOUR SOLE RISK. THE PURCHASE AND MAINTENANCE OF A POLICY OF INSURANCE COVERAGE FOR THE STORED PERSONAL PROPERTY IS YOUR SOLE RESPONSIBILITY.
b. Obtain Insurance Coverage. You shall obtain insurance covering damage by fire, extended coverage perils, vandalism, burglary and all other risks of any nature for the full value of Your property. TO THE EXTENT YOU DO NOT OBTAIN THE REQUIRED INSURANCE COVERAGE FOR THE FULL VALUE OF YOUR PERSONAL PROPERTY STORED IN OR ABOUT THE UNIT, YOU AGREE YOU WILL PERSONALLY ASSUME ALL RISK OF LOSS.
c. Langman's Storage Centre Is Not Responsible. Langman's Storage Centre will not be responsible for, and You hereby release Langman’s Storage from any responsibility for, any loss, liability, claim, expense, damage to property or injury to persons (“Loss”), including without limitation any Loss arising from the active or passive acts, omission or negligence of Langman's Storage Centre (the “Released Claims”). YOU WAIVE ANY RIGHTS OF RECOVERY AGAINST LANGMAN’S STORAGE FOR THE RELEASED CLAIMS, AND YOU EXPRESSLY AGREE THAT THE CARRIER OF ANY INSURANCE OBTAINED BY YOU SHALL NOT BE SUBROGATED TO ANY CLAIM OF YOU AGAINST LANGMAN’S STORAGE. The provisions of this section will not limit the rights of Langman's Storage Centre under Section 8. YOU ACKNOWLEDGE AND UNDERSTAND THAT LANGMAN’S STORAGE DOES NOT INSURE AND WILL NOT INSURE OR GUARANTEE AGAINST LOSS OF YOUR CONTENTS OR PROPERTY STORED IN THE UNIT.
8. LIMITATION OF LIABILITY; INDEMNITY:
a.
Limitation of Liability.
NEITHER LANGMAN’S STORAGE NOR ITS AGENTS, INSURERS, EMPLOYEES, DIRECTORS AND OFFICERS, AND REPRESENTATIVES (COLLECTIVELY, THE “AGENTS”) SHALL BE LIABLE FOR ANY LOSS, INJURY OR DAMAGE DERIVED FROM ANY CAUSE, INCLUDING THE NEGLIGENT OR DELIBERATE ACTS OR OMISSIONS OF LANGMAN’S STORAGE OR THE AGENTS OR FAULTY MATERIALS OR WORKMANSHIP OR ANY OTHER DEFECT IN THE PROPERTY, OR FIRE, EXPLOSION, STEAM, ELECTRICITY, WATER, RAIN, SNOW, DAMPNESS; TO ANY PERSONS USING THE COMMON AREAS OR TO VEHICLES OR THEIR CONTENTS OR ANY OTHER PROPERTY THEREIN OR THEREON, OR FOR ANY DAMAGE TO PROPERTY ENTRUSTED TO LANGMAN’S STORAGE OR THE AGENTS, OR FOR THE LOSS OF ANY PROPERTY BY THEFT, DAMAGE OR OTHERWISE, AND ALL PROPERTY LOCATED, KEPT OR STORED IN OR ABOUT THE PROPERTY SHALL BE SO LOCATED, KEPT OR STORED AT THE SOLE RISK TO YOU. YOU AND LANGMAN’S STORAGE FURTHER SPECIFICALLY AGREE THAT LANGMAN’S STORAGE CENTRE AND THE AGENTS SHALL NOT BE SUBJECT TO ANY DUTY OR LIABILITY UNDER AND ARE HERBY EXPRESSLY EXEMPT
FROM OCCUPIERS’ LIABILITY ACT, R.S.O. 1990 OR SIMILAR LEGISLATION AS MAY BE IN FORCE FROM TIME TO TIME.
b. Indemnity. YOU SHALL INDEMNIFY AND HOLD HARMLESS LANGMAN’S STORAGE CENTRE AND THE AGENTS FROM AND AGAINST ANY AND ALL LIABILITY, CLAIMS, DAMAGES, EXPENSES AND COSTS, INCLUDING LAWYER’S FEES, ARISING FROM THE USE OF THE UNIT OR THE FACILITY BY YOU AND YOUR INVITEES, EXCEPT AS OTHERWISE PROVIDED HEREIN.
c. Cap of Total Liability. Notwithstanding the above, if a court of competent jurisdiction disallows all, or a portion of the limitations or exclusions described herein, in no event shall the total liability of Langman's Storage Centre or the Agents for all damages, losses, and causes of auction (whether in contract or tort, including, but not limited to, negligence or otherwise arising from the use of the Facility exceed $5,000.00.
9. TERMINATION:
a. Events of Termination. This Agreement shall terminate: (i) upon either party giving at least 30 days’ prior written notice to the other party; (ii) upon 7 days’ prior written notice to You by Langman's Storage Centre upon breach of this Agreement by You; (iii) immediately before the bankruptcy or insolvency of You; or (iv) immediately, upon Langman's Storage Centre giving written notice to You, if You in the sole discretion of Langman's Storage Center : (A) engage in the sale, manufacture, use or delivery of a controlled substance on the Facility, (B) store or dispose of any hazardous material on the Facility, (C) use the Unit for residential living purposes, (D) commit a criminal act or act of nuisance at the Facility, or (E) otherwise use the Unit or the Facility in any manner that breaches this Agreement and diminishes or impacts the security or safety at the Facility, for any unit, for any customer, contractor,
employee, agent or consultant of Langman's Storage Centre.
b. Rights Surviving Termination. All Langman's Storage Centre’ rights shall survive the termination of this Agreement. Upon termination of this Agreement, You shall remove all property from the Unit, vacate the Facility in good and clean condition and deliver the Unit to Langman's Storage Centre in the same condition as when delivered on the Start Date. You shall leave a forwarding address with Langman's Storage Centre.
c. Abandoned Property. Upon any termination of this Agreement, except as prohibited by law, if any personal property of You remains in the Unit or the Facility such property is deemed abandoned by You and may, at the sole option of Langman's Storage Centre, become the property of Langman's Storage Centre and Langman's Storage Centre may, at Langman's Storage Centre’s sole option and without notice to You, sell, destroy or otherwise dispose of such personal property and shall not be liable to You for any loss or damage thereby caused. After any sale of such property, Langman's Storage Centre shall upon request of You pay to You the remainder, if any, of the proceeds of sale after deduction of the Rent and other charges unpaid along with Langman’s Storage Centre’s costs in realising the same. Any request for the remainder of proceeds after sale shall be made by You no later than ninety (90) days following the sale, and if no request is post-marked and received by Langman's Storage Centre or hand delivered to Langman's Storage Centre within that 90-day period, then any remainder of proceeds from the sale of the personal property shall absolutely belong to Langman's Storage Centre.
d. Termination Under Section 9a(iv). IN THE EVENT THAT THIS AGREEMENT IS TERMINATED BY LANGMAN’S STORAGE CENTRE PURSUANT TO SECTION 9a(iv), YOU AGREE THAT LANGMAN’S STORAGE MAY IMMEDIATELY DISPOSE OF ALL CONTENTS OF THE UNIT WITHOUT RECOURSE BY YOU AND THAT LANGMAN’S STORAGE MAY TRESPASS YOU AND YOUR ASSOCIATES FROM THE FACILITY.
10. LANGMAN’S STORAGE CENTRE’S LIEN RIGHTS:
a. Grant of Security Interest. In addition to such liens and remedies provided by law, You hereby grant to Langman’s Storage a security interest in the Unit and all personal property located in the Unit and on the Facility to secure the payment of all rents, labour or other charges, indebtedness and liabilities, present or future, absolute or contingent, joint or several, including expenses for the preservation of or expenses reasonably incurred in the sale or other disposition of said personal property, arising from Your default under this Agreement. Langman's Storage Centre may register this security interest at its sole discretion.
b. Default by You. If You fail to make any payment of any amounts payable herein as and when such payment becomes due and/or if You default in the performance of any of Your other obligations hereunder, and such non-payment or other default continues for a period of ten (10) consecutive days, then all unpaid Rent and all other amounts payable hereunder shall be forthwith due and payable in their entirety and, in addition to any other rights or remedies to which Langman's Storage Centre is entitled hereunder or at law, Langman's Storage Centre shall have the following rights and remedies which are cumulative and not alternative: (a) to terminate this Agreement; (b) to remedy any default of You as hereinafter described; or (c) to charge Late Charges. Langman's Storage Centre may from time to time resort to any or all rights and remedies available to it in the event of any default hereunder by You, either by any provision of this Agreement or by statute or in equity, all of which rights and remedies shall be cumulative and not alternative, and the express provisions hereunder as to certain rights and remedies are not to be interpreted as excluding any other or additional rights and remedies available to Langman's Storage Centre at law or in equity. If You default under this Agreement, Langman's Storage Centre may enforce its rights, including any rights to seize the Unit and its contents, and sell property contained in the Unit at the time of default.
11. NO WARRANTIES: LANGMAN’S STORAGE HEREBY DISCLAIMS AND YOU HEREBY WAIVE ANY IMPLIED OR EXPRESS WARRANTIES, GUARANTEES OR REPRESENTATIONS OF THE NATURE, CONDITION, SAFETY OR SECURITY OF THE UNIT AND THE FACILITY. YOU HEREBY AGREE TO AND ACKNOWLEDGE, THAT YOU HAVE INSPECTED AND ACCEPT THE UNIT AT YOUR OWN RISK AND PERIL; THAT LANGMAN’S STORAGE DOES NOT REPRESENT OR GUARANTEE THE SAFETY OR SECURITY OF THE UNIT OR THE FACILITY OR OF ANY PERSONAL PROPERTY STORED THEREIN; AND THAT THIS AGREEMENT DOES NOT CREATE ANY CONTRACTUAL DUTY FOR LANGMAN’S STORAGE TO CREATE OR MAINTAIN SUCH SAFETY OR SECURITY.
12. NOTICED: Any notice shall be in writing and shall be delivered by electronic mail or by mail, unless, otherwise required by law or by this Agreement. Any notice sent by electronic mail shall be deemed delivered on the first business day following the day of transmission. Any notice sent by mail shall be deemed delivered on the third business day following the date of mailing with postage thereon fully prepaid and addressed in accordance with the provisions hereof. Any final notice from Langman's Storage Centre to You shall be served by registered or certified mail to Your address as provided to Langman’s Storage Centre in this Agreement and, if appropriate, shall contain the information required by applicable provincial laws and regulations. Notice shall be effective upon mailing. IF YOU CHANGE YOUR ADDRESS, YOU SHALL GIVE LANGMAN’S STORAGE WRITTEN NOTICE OF ANY SUCH CHANGE WITHIN TEN (10) DAYS SPECIFYING YOUR NEW CURRENT ADDRESS AND TELEPHONE NUMBER. In the absence of such notice, Langman’s Storage shall be entitled to rely on Your previously provided address.
13. ASSIGNMENT AND SUBLETTING:
You shall not sublet or assign all or any portion of the Unit or Your interest therein or this Agreement without prior written consent of Langman's Storage Centre. In the event of any breach of this section by You, You will take all action necessary to correct the breach immediately. If You fail to correct the breach within a reasonable time, Langman's Storage Centre may, at its direction, pay any sum necessary to do so, and recover such sum from You forthwith. Langman's Storage Centre may assign or transfer this Agreement without the consent of You and, after such assignment or transfer, Langman's Storage Centre shall be released from all obligations under this Agreement occurring after such event.
14. CHANGES TO THIS AGREEMENT:
Langman's Storage Centre can amend the terms and conditions of this Agreement by giving you at least 30 (but no more than 90) calendar days’ prior notice to the date of the change and either providing such updated terms and conditions directly to You or by posting such updated terms and conditions to https://www.langmansstorage.com/. Langman's Storage Centre shall be entitled to change rules relating to the Facility without prior notice if such changes are for security, health or safety purposes in the sole discretion of Langman's Storage Centre, and such rules shall be in force and effect upon Langman's Storage Centre posting notice of such rules at the office door of the Facility or providing notice in writing to You.
15. GENERAL: (a)
Entire Agreement.
This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof.
(b)
Binding Effect.
This Agreement shall insure to the benefit of and be binding upon the parties hereto and their respective heirs, administrators, executors, successors and assigns. Any provisions which by their nature should survive the Term shall survive.
(c)
Waiver.
Langman's Storage Centre’s failure to enforce any obligation or duty of You or to seek a remedy for Your default of any provision of this Agreement shall not be deemed to be continuing in nature. Langman's Storage Centre may enforce every provision of this Agreement after any period of non-enforcement.
(d)
No Registration.
You shall not register this Agreement or any notice of this Agreement in full or in part on the title to the Facility.
(e)
Invalidity.
If any provision of this Agreement is determined to be void or unenforceable in whole or in part, it shall not affect or impair the validity or enforcement of the remaining provisions of this Agreement, and this Agreement shall be read as if the invalid, unenforceable or illegal provision had never formed part hereof.
(f)
Governing Law.
This Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario. Any legal actions, claims or demands shall be handled in a court of competent jurisdiction within the Province of Ontario.
(g)
Set Off.
You cannot set-off for any amounts owing to Langman's Storage Centre pursuant to the Agreement and any invoice related thereto.
(h)
Expenses.
In the event that attorneys’ fees, costs or any other expenses are incurred by Langman's Storage Centre due to Your default or breach of this agreement, You hereby agree to pay said attorney's fees, costs and expenses in connection therewith.
I HAVE READ AND UNDERSTOOD THE ABOVE TERMS AND CONDITIONS OF RENTAL AND UNDERSTAND THAT A CURRENT VERSION OF THE TERMS AND CONDITIONS CAN BE FOUND AT langmansstorage.com
Langman's Storage Centre Inc
Manager: ______________________ Tenant: _______________________
Date:_______________ Date:_________________
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