Rental Agreement

This Storage Unit Rental Agreement ("Agreement") is entered into by and between M&L Storage, LLC ("Lessor") and the Lessee identified above ("Lessee").  Lessor and Lessee may hereinafter be referred to as a “Party” or collectively as the “Parties”.

1. Term.  Lessor rents the Premises to Lessee, beginning on the Start Date listed in above and ending one month after said date, subject to the terms and condition of this Agreement.  Should Tenant hold over and retain the Premises beyond the term set forth herein, Lessor may elect to continue this Agreement on a month-to-month basis or may terminate or exercise any other available remedies.  Either the Lessor or the Lessee may terminate this Agreement by providing at least ten (10) days written notice to the other party.  Upon termination, Lessee shall remove all property from the Premises and shall leave the Premises empty and broom clean, and shall remove Lessee’s lock. If Lessee fails to do so, Lessee shall be responsible for all of Lessor’s costs for the removal and disposal of property from the Premises, and for the removal of Lessee’s lock.

2. Rental. Lessee shall pay Lessor monthly rent equal to the Rental Rate listed above. The Rental Rate for the first month shall be paid on the execution of this Agreement.  The Rental Rate for all subsequent months shall be paid on or before the monthly anniversary of the Start Date, without demand, and payable at the address of Lessor or such other place as the Lessor may designate from time to time.   Lessor reserves the right to change the Rental Rate with thirty (30) days advance notice to Lessee. In the event that any payment of the monthly Rental Rate is not made within three (3) days of the due date, a late fee of $20.00 or 20% of the amount of the late payment, whichever is greater, will be assessed. A fee of $35.00 will be charged for each returned check.  Payments by Lessee will apply first to fees incurred. Any reasonable expense incurred in collection of the Rental Rate or Lessor’s lien enforcement may be charged to Lessee, which may include without limitation, reasonable attorneys’ fees.

3. Access.  Access to the Premises shall be subject to the operating hours and rules established by the Lessor, which may be amended from time to time.  Lessor reserves the right to deny entry to any party attempting entry on Lessee’s behalf unless Lessee first obtains Lessor’s permission for such party’s entry. Lessee’ access to the storage facility may also be conditioned in any manner deemed reasonably necessary by Lessor.  Such measures may include, but are not limited to, restricting hours of operation, requiring verification of Lessee's identity and inspecting vehicles that enter the storage facility. 

4. Use. Lessee shall only use the Premises for the purpose of storing personal property belonging to Lessee in a lawful manner and shall comply with all such rules and regulations governing the use of the Premises as may be implemented by Lessor from time to time and as may be provided in this Agreement.  Lessee shall not store in the Premises any of the following: explosives; guns; ammunition; food (including without limitation, food for human consumption and animal food); perishables; plants; animals (dead or alive); paint; wet or dry goods that could mildew; items that may attract rodents, vermin, or other infestation in the Premises or storage facility, any flammable, odorous, noxious, corrosive, toxic, hazardous or pollutant materials (including without limitation, items which are classified as hazardous or toxic under any local, state or federal law or regulation); any items that would cause danger or nuisance to the Premises or to the storage facility; stolen property; contraband; scheduled substances, marijuana or any cannabis or THC derived items; collectibles; heirlooms; jewelry; furs, works of art; other irreplaceable items; any property having special or sentimental value to Lessee; and any inadequately packaged, wrapped, or protected items that could be damaged by absorption of moisture.  LESSEE HEREBY WAIVES ANY CLAIM FOR EMOTIONAL OR SENTIMENTAL ATTACHEMENT TO THE PROPERTY IN THE PREMISES. Lessor is not engaged in the business of storing goods for hire and no bailment is created under this Agreement.  Landlord exercises neither care, custody nor control over Lessee’s stored property.  In addition to the foregoing, Lessor shall not: use the Premises for habitable occupancy by humans or animals of any kind for any period whatsoever; loiter at the storage facility, spend excessive or unnecessary time in or around the Premises or storage facility or interfere with the use of the storage facility by other lessees; use any cooking, heating, or cooling device in the Premises; conduct any business out of the Premises; use the Premises as a work shop for any type of repairs, sales, renovations, decoration, painting, or other contracting; and shall not use the Premises in any other manner in violation of any applicable local, state or federal law or regulation, regardless of whether such use or occupancy is lawful under any conflicting law, including without limitation, any law relating to the use, sale, possession, cultivation, manufacture, distribution or marketing of any controlled substances or other contraband (whether for commercial, medical, or personal purposes), or any law relating to the medicinal or recreational use or distribution of marijuana. Violation of this Paragraph shall be grounds for immediate termination of this Agreement.  

5. Limitation of Value.  Lessee agrees not to store property with a total value in excess of Five Thousand and 00/100 Dollars ($5,000.00) without the written permission of Lessor. If such written permission is not obtained, the value of Lessee's property shall be deemed not to exceed $5,000.00. Lessee agrees that the maximum value for any claim or suit by the Lessee, including but not limited to any suit which alleges wrongful or improper foreclosure or sale of the contents of a storage unit, is $5,000.00.  This limitation shall not apply to any claim by Lessee for damages based on the loss or destruction of personal property stored in the Premises, when those damages are the result of negligence by, or on behalf of Lessor. Nothing herein shall constitute any agreement or admission by Landlord that Tenant's stored property has any value.

6. Default.  If Lessee fails to pay rent or any part thereof, fails to pay any charge permitted hereunder, or fails to fulfill any of the covenants or agreements herein specified to be fulfilled by Lessee, Lessee will be considered in default of this Agreement and Lessor may bring an action for restitution of the Premises as allowed by Ohio law. Furthermore, Lessor may deny Lessee access to the storage facility and/or Premises, including by overlocking the Premises, when rent is more than five (5) days past due. If the Lessee does not pay the amount necessary to satisfy Lessor’s lien and the reasonable expenses incurred by Lessor within ten (10) days after the delivery of a default notice to Lessee, Lessee’s property in or on the Premises will be advertised for sale and will be sold at a specified time and place as allowed by the Ohio law. Prior to sending a default notice, Lessor will enter the Premises to compile an inventory of items required by law for inclusion in the default notice and public sale advertisement. Lessee’s lock will be physically removed at this time and the Premises will be sealed with a Landlord’s lock.

7. LESSOR’S LIEN RIGHTS. LESSOR HAS A LIEN ON ALL PERSONAL PROPERTY STORED IN THE PREMISES FOR RENT, LABOR, OR OTHER CHARGES, PRESENT OR FUTURE, IN RELATION TO THE PERSONAL PROPERTY, AND FOR ITS PRESERVATION OR EXPENSES REASONABLY INCURRED IN ITS SALE OR OTHER DISPOSITION PURSUANT TO THIS AGREEMENT. PROPERTY STORED HEREUNDER MAY BE SOLD TO SATISFY THIS LIEN IF YOU ARE IN DEFAULT. AS PROVIDED PURSUANT TO OHIO CODE §5322.01 THROUGH 5322.05, PERSONAL PROPERTY STORED IN THE OCCUPANT'S SPACE WILL BE SOLD OR OTHERWISE DISPOSED OF IF RENT IS NOT PAID. OWNER HAS THE RIGHT TO CONDUCT AUCTION SALES EITHER IN STORE OR ONLINE AND YOU AGREE TO ANY SUCH TYPE OF SALE. THIS LIEN COVERS ANY PERSONAL PROPERTY WHICH YOU STORE IN THE SPACE, EVEN IF IT IS OWNED BY SOMEONE ELSE. THE OWNER SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR THE REMOVAL OR SALE OF ANY PERSONAL PROPERTY WHICH IS NOT YOUR PROPERTY OR UPON WHICH A PRIOR LIEN HAS ATTACHED, UNLESS WRITTEN NOTICE HAS BEEN GIVEN TO THE OWNER BY YOU THAT THE PROPERTY PLACED IN THE SPACE WAS NOT THAT OF THE OCCUPANT. MOTOR VEHICLE/WATERCRAFT: IF THE PROPERTY UPON WHICH THE LIEN IS CLAIMED IS A MOTOR VEHICLE, TRAILER, OR WATERCRAFT AND RENT AND OTHER CHARGES RELATED TO THE PROPERTY REMAIN UNPAID OR UNSATISFIED FOR 60 DAYS FOLLOWING THE MATURITY OF THE OBLIGATION TO PAY RENT, OWNER MAY HAVE THE PROPERTY TOWED IN LIEU OF FORECLOSING ON THE LIEN. IF A MOTOR VEHICLE, TRAILER, OR WATERCRAFT IS TOWED AS AUTHORIZED IN THIS SECTION, OWNER SHALL NOT BE LIABLE FOR THE MOTOR VEHICLE, TRAILER, OR WATERCRAFT OR ANY DAMAGES TO THE MOTOR VEHICLE, TRAILER, OR WATERCRAFT ONCE THE TOWER TAKES POSSESSION OF THE PROPERTY.

8. Relocation.  Lessor reserves the right to relocate the Lessee to a different unit within the storage facility, provided that the new unit is of comparable size and price. Any such relocation will be communicated to the Lessee in writing, and the Lessee shall have the right to terminate this Agreement if the new unit is not acceptable, subject to the terms of termination as outlined in this Agreement.

9. Damage by Lessee.  Lessee is responsible for the cost of repairing any and all damage to the Premises and any other part of the storage facility caused by Lessee, Lessee's agents, invitees and/or guests. Should Lessee damage or depreciate the Premises, or make alterations or improvements without the prior consent of the Lessor, or require the Lessor to incur costs to clean the Premises upon termination, then all costs necessary to restore the Premises to its prior condition shall be borne by Lessee. Lessor has the right to declare any such costs to repair as rent and non-payment of said costs to entitle Lessor to deny Lessee access to the Premises and/or the storage facility.

10. Insurance.  Lessee acknowledges that the Lessor does not provide any form of insurance coverage for property stored within the Premises. Lessee agrees to maintain, at Lessee’s own expense, an insurance policy to cover the loss, damage, or destruction of any stored items. This insurance must be in an amount adequate to fully cover the value of all stored property. The Lessee shall provide the Lessor with proof of such insurance upon request and shall notify the Lessor immediately of any lapses or cancellations in coverage.  Failure by the Lessee to maintain the required insurance coverage shall constitute a breach of this Agreement, entitling the Lessor to exercise all remedies available under this Agreement and Ohio law, including but not limited to termination of the Agreement.  Lessor shall not be held liable for any loss, damage, or destruction of the Lessee's property that could have been covered by insurance, regardless of whether such loss, damage, or destruction was caused by the negligence of the Lessor or otherwise.

11. Risk of Loss.  All property stored within or upon the Premises shall be at Lessee’s sole risk.  Lessor, Lessor’s agents and/or employees, shall not be liable for any loss or damage to Lessee’s property stored within or upon the Premises arising from any cause whatsoever, including without limitation, burglary, disappearance, vandalism, fire, water damage, flood, tornado, rain, explosion, mold, mildew, rodents, insects, malfunction of utilities, alarm or sprinkler systems (if any), Acts of God, the active or passive acts or omissions or negligence of Lessor, Lessor’s agents and/or employees.  It is agreed by Lessee that this provision is a bargained for condition of this Agreement that was used in determining the amount of the monthly Rental Rate to be charged and without which Lessor would not have entered into this Agreement.

12. Indemnification.  Lessee agrees to indemnify, defend, and hold harmless the Lessor, its agents, employees, members, and successors from and against any and all losses, damages, liabilities, claims, actions, judgments, court costs, reasonable attorney’s fees, and all other costs and expenses, arising directly or indirectly out of or in any way connected with the Lessee's use of the Premises.  This indemnification shall survive the termination of this Agreement.

13. Lessor’s Access.  Lessee grants Lessor, Lessor’s agents, employees and/or representatives of any governmental authority, including without limitation, police and fire officials, access to the Premises upon three (3) days written notice to Lessee.  In the event of an emergency, Lessor, Lessor's agents, employees and/or representatives of governmental authority shall have the right to enter the Premises without notice to Lessee, and take such actions as may be necessary to preserve the Premises, to comply with applicable law, to enforce Lessor's rights or to protect the safety, health, and welfare of others and other's stored property.

14. Conditions of Premises.  Lessee assumes responsibility for having examined the Premises and hereby accepts it “AS IS” and as being in good order and condition. Lessee understands that all unit sizes are approximate and enters into this Agreement without reliance on the estimated size of the Premises.

15. Locks.  Lessee shall use and provide at Lessee's expense the type of lock on the Premises specified by Lessor. Lessee shall keep the Premises locked when Lessee is not present at the Premises. If Lessor does not specify a type of lock, Lessee shall provide at Lessee's sole expense, a lock for the Premises which Lessee, in Lessee's sole discretion deems sufficient to secure the Premises. Lessor shall not be liable for loss or damage to property stored in the storage space resulting from the use, failure, destruction, tampering, cutting, drilling, fault, defect, or malfunction of any lock recommended by Lessor or purchased from Lessor. No bailment or higher level of liability is created by the recommendation or requirement of the Lessee to purchase a specific type or lock from Lessor and Lessor does not take care, custody, or control of Lessee’s property due to the recommendation or requirement to purchase a lock from the Lessor. Lessor may, but is not required to, lock Lessee's storage space if it is found unlocked. Lessee may use only one (1) lock per storage space door and Lessor may remove any additional locks placed on storage space by Lessee. Locks placed by Lessor on a storage space for any reason will only be removed during Lessor’s normal office business hours. In the event such lock or security device is rendered ineffectual for its intended purpose from any cause, or the Premises is rendered unsecure in any manner, Lessor may, at its sole option, take whatever measures are deemed reasonably necessary by Lessor to re-secure the access to the Premises. Lessor is not responsible for taking any measures or for notifying Lessee that the Premises has become unsecure. The fact that Lessor has taken measures to re-secure the access to the Premises under this paragraph shall not alter the release of Lessor’s liability, nor shall such measures be deemed conversion of Lessee’s property in the Premises.

16. Sublease/Assignment.  Lessee shall not sublease the Premises or assign this Agreement. 

17. Notices.  All notices required or permitted under this Agreement shall be in writing and shall be delivered to Lessee at the address provided above, or to Lessor at its office address.  Notices shall be delivered personally or by certified mail, return receipt requested.  The Lessor is responsible for maintaining an accurate record of the Lessee's address for this purpose.

18. Governing Law.  This Agreement shall be governed by and construed in accordance with the laws of the State of Ohio, without regard to its conflict of laws principles. Any disputes arising out of or in connection with this Agreement, including any question regarding its existence, validity, or termination, shall be subject to the exclusive jurisdiction of the courts located within the Stark County, Ohio. The Parties hereby consent to and waive any objection to the exclusive jurisdiction and venue of such courts.

19. Amendments and Modification.  This Agreement may be amended or modified only by a written document signed by both the Lessor and the Lessee. Any amendments or modifications to this Agreement shall be attached to the original Agreement and shall be considered an integral part thereof. Oral agreements or understandings intending to alter or modify the terms of this Agreement are not recognized and shall have no effect.  Notwithstanding the above, the Lessor reserves the right to modify the terms and conditions of this Agreement upon providing thirty (30) days written notice to the Lessee. Such modifications may include, but are not limited to, changes in rental rates, rules regarding the use of the Premises, and security requirements. Upon receipt of such notice, the Lessee shall have the option to terminate the Agreement by providing written notice to the Lessor within the thirty (30) day period if the Lessee does not accept the modifications. Failure of the Lessee to respond within the stipulated time frame shall be deemed as acceptance of the new terms and conditions.

20. Severability.  If any provision of this Agreement, or the application thereof to any person or circumstance, is held invalid, illegal, or unenforceable in any respect by a court of competent jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other provision of this Agreement or the application of such provision to other persons or circumstances which can be given effect without the invalid, illegal, or unenforceable provision or application. The remaining provisions of this Agreement shall continue in full force and effect, and the parties hereby agree to negotiate in good faith to replace any invalid, illegal, or unenforceable provision with a valid and enforceable provision that achieves, to the greatest extent possible, the economic, legal, and commercial objectives of the invalid, illegal, or unenforceable provision.

21. Entire Agreement. This Agreement, including all exhibits and addenda attached hereto and all other documents incorporated herein by reference, constitutes the entire agreement between the Lessor and the Lessee regarding the rental of the Premises and supersedes all prior negotiations, agreements, and understandings between the parties, whether written or oral. No amendment, modification, or addition to this Agreement shall be effective unless it is in writing and signed by both the Lessor and the Lessee. This Agreement is binding upon and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, legal representatives, successors, and assigns.