Lease Agreement

 


IMPORTANT NOTICE:

Below is the Bama Jammer Mini-Storage Lease Agreement.  This Lease Agreement
is also posted for public review in the Bama Jammer Mini-Storage office at 5108 Colemont Lane in Huntsville, Alabama.  It is assumed that the Lease Agreement below is accurate and current, however, there may be slight changes and updates to the official agreement.  These changes will be posted in the Colemont Lane office.  By agreeing to lease a rental unit or parking space, you are agreeing to the terms below.  At your request, you will be provided a copy of this Lease Document.


PUBLIC POSTING

This Lease Agreement posted on this web site and the Lease Agreement posted for public review in the Bama Jammer mini-storage office constitutes and satisfies a “Public Posting” as may be required by Alabama Law.


Things you must have to rent a unit or parking space.

  1. 1.    A photo ID

  2. 2.    A  Physical address (not a PO Box)

  3. 3.    A permanent credit card or debit card (no Wal-Mart of temporary card)

  4. 4.    Name of emergency contact

  5. 5.    E-mail address (if possible)

  6. 6.    For automobiles, boats, RVs, etc. You must also provide:

  7. A.     Registration with VIN Number

  8. B.     Proof of insurance

  9. C.     Lien Holder

  10. D.     A current tag number


Bama Jammer Lease Agreement


1.  Term.  

Landlord hereby leases the storage units to Tenant, and Tenant hereby leases the same

from Landlord, for Month by Month Rental.


For the purposes of this agreement, the terms Rent or Rental and Lease or Leased mean

exactly the same thing.  Landlord desires to rent the above identified storage units to

Tenant, and Tenant desires to lease the storage units from Landlord for the term, and

upon the covenants, conditions and provisions herein set forth.


THEREFORE, in consideration of the mutual promises herein, contained and other good

and valuable consideration, it is agreed:


2.   Rental.  

Tenant shall pay to Landlord as outlined in this agreement  Month by month installment

payment shall be due in advance on the first day of each calendar month during the lease

term. The initial rental payment amount for any partial calendar months included in the

lease term shall be prorated on a daily basis.   No 3rd party rentals or co-rentals are allowed.


3.  Use

This Rental property is to be used solely for business and/or personal storage of

legal and non-dangerous items. Notwithstanding the foregoing, Tenant shall not use the

Leased Premises for the purposes of storing, manufacturing or selling any explosives,

flammables or other inherently dangerous substance, illegal drugs, chemical, thing or

device.  Any vehicles, lawn mowers and motorized machinery and tools shall be stored

completely empty of gasoline.  The rental unit must be locked at all times.  Any unit left

unlocked will be over-locked by the landlord until the Tenant can properly place a lock

on the unit. Goods stored must belong to the Tenant.


4.  Sublease and Assignment.

Tenant shall NOT have the right without Landlord's written consent, to assign this Lease

to a corporation / person / or persons with which Tenant may merge or consolidate, to

any subsidiary of Tenant, to any corporation under common control with Tenant, or to a

purchaser of substantially all of Tenant's assets.  Except as set forth above, Tenant shall

not sublease all or any part of the Leased Premises to any third party, or assign this Lease

in whole or in part without Landlord's consent, such consent not to be unreasonably

withheld or delayed.


5.  Repairs.

During the Lease term, Tenant shall not deface the rental property or make any

alterations or repairs to the Leased Premises.  Damages are to be promptly reported to the

Landlord. The Tenant shall pay for all damages that are a result of the Tenant’s actions or

negligence.  The Tenant shall be responsible for all attorney’s fees and court costs

incurred in order for the Landlord to recover payment for damages to the rental / leased

property.  


  1. 6. Alterations and Improvements. All business and personal property, equipment, machinery,

trade fixtures, placed into storage shall remain Tenant's property free and clear of any claim

by Landlord unless as outlined under sections fifteen and sixteen below and as provided by local

and Alabama state laws. Tenant shall have the right to remove the same at any time during the paid

term of this Lease. Any damages to the Leased Premises or other properties of Bama

Jammer Mini-storage caused by such removal shall be repaired at Tenant's expense.


7.  Property Taxes.

Landlord shall pay all general real estate taxes and installments of special assessments

coming due during the Lease term on the Leased Premises, and all personal property

taxes with respect to Landlord's personal property, if any, on the Leased Premises. 

Tenant shall be responsible for paying all personal property taxes with respect to Tenant's

personal property located at the Leased Premises.


8.  Insurance / At Own Risk.


A.  If the Leased Premises or any other part of the surrounding buildings and property is

damaged by fire or other casualty resulting from any act or negligence of Tenant or any

of Tenant's agents, employees or invitees, rent shall not be diminished or abated while

such damages are under repair, and Tenant shall be responsible for the costs of repair not

covered by insurance.  The Landlord is not responsible for casualty or liability losses

resulting to the Tenant from any act or negligence of any other Tenant or any of  the

other Tenant's agents, flooding, water damage, Acts of God or the Devil, etc..  The

Tenant shall be responsible for obtaining and maintaining appropriate insurance on all

business and personal properties placed in this rental space.  Be it understood that The

Tenant places all property into this rental space at his/her own risk.


B.  Landlord shall maintain fire and other coverages on the Leased Premises in such amounts as Landlord shall deem appropriate.  This does NOT include insurance that would cover any property losses incurred by the

Tenant.  Tenant shall be responsible, at his / her expense, for fire and extended coverage

insurance on all of its business / personal property located in the Leased Premises.


C.  Tenant shall, at his / her own expense, maintain a policy or policies of comprehensive

general liability insurance with respect to his / her respective activities at the Rental

property.  Landlord shall NOT be required to maintain insurance against thefts within the

Leased Premises or the buildings.


D.  Vehicle Insurance

No truck, automobile, trailer or other vehicle may be brought on the property at 5108B, A

& C, 900 Winchester Road and / or 5106A & B Colemont Lane unless the vehicle has proper insurance

protection, including liability coverage, and other vehicle coverage as outlined by

Alabama state law. A copy of the vehicle registration and insurance must be on file in the mini-storage

office at all times for any vehicle stored on the Landlord’s  property.


9. Utilities. The Landlord shall NOT provide any electrical, water or other utility services under this

agreement.   The rental units are not climate-controlled.


10.  Signs.

The Tenant shall not be allowed to construct any signs on the Rental property.


11.  Entry.

Landlord and/or  law enforcement personnel shall have the right to break locks and enter

upon the Leased Premises with or without cause at any time to inspect the same during emergencies

or  suspicious activity, suspicion of theft, drugs or the storage of hazardous materials.


12.  Parking.

During the term of this Lease, Tenant shall not have the right to park or abandon any

vehicle on the premises unless such vehicle is a part of this agreement. All vehicles and

other abandoned property will be promptly towed or removed from the property at the

Tenant’s expense.


13.  Rules.

Tenant will comply with the rules of the premises adopted and altered by Landlord from

time to time and Tenant will cause all of its agents, invitees and visitors to do likewise. 

The initial rules for the premises are contained in this agreement.  Future rule changes

will be periodically posted for public review in the main office at Bama Jammer Mini-

storage, and added to this agreement.


14.  Damage and Destruction.

Subject to Section 8 A above, if the Leased Premises or any part thereof or any

appurtenance thereto is so damaged by fire, casualty or structural defects that the same

cannot be used for Tenant's purposes, then Tenant shall have the right within ninety (90)

days following damage to elect by notice to Landlord to terminate this Lease as of the

date of such damage.  In the event of minor damage to any part of the Leased Premises,

and if such damage does not render the Leased Premises unusable for Tenant's purposes,

Landlord shall repair such damage at the cost of the Landlord.  In making the repairs

called for in this paragraph, Landlord shall not be liable for any delays resulting from

strikes, governmental restrictions, floods, water damage, Acts of God or the Devil,

inability to obtain necessary materials or labor or other matters which are beyond the

reasonable control of Landlord.  Tenant shall be relieved from paying rent and other

charges during any portion of the Lease term that the Leased Premises are inoperable or

unfit for use, in whole or in part, for Tenant's storage purposes.  Rentals and other

charges paid in advance for any such periods shall be credited on the next ensuing

payments, if any, but if no further payments are to be made, any such advance payments

shall be refunded to Tenant.  The provisions of this paragraph extend not only to the

matters aforesaid, but also to any occurrence which is beyond Landlord’s reasonable

control and which renders the Leased Premises, or any appurtenance thereto, inoperable

or unfit for occupancy or use, in whole or in part, for Tenant's purposes.


15.  Cleanup Upon vacating the rental property, the Tenant is responsible for cleaning up all debris,

spillage and trash for the rental property.  


16.  Default.

If default shall at any time be made by Tenant in the payment of rent when due to

Landlord as herein provided, and if said default shall continue for five (5) days, this

agreement will automatically terminate. After such default, written notice thereof  having

been given to Tenant at the Tenant’s address as registered on this agreement, by

Landlord, if possession of the Leased Premises is not immediately surrendered, Landlord

and /or Law Enforcement officials may reenter the Rental property.  Landlord shall re-

lock and secure the rental space and take possession of any property within this space  as

allowed by Alabama law.  Landlord shall have, in addition to the remedy above provided,

any other right or remedy available to Landlord on account of any Tenant default, either

in law or equity.  Landlord shall use reasonable efforts to mitigate its damages.  Tenant’s

personal property within the rental space shall be disposed of as outlined in local, regional

and state laws in Alabama.


17.  Eviction

Rent is due on the first day of each month.  If not promptly received on the first day of

each month, it is considered immediately delinquent and the storage units are to be 

vacated by the Tenant.  The eviction process will begin as outlined under local and state

laws.  After due process of law, the Tenant’s properties will be disposed of by the

Landlord as allowed under local and Alabama state laws. In the event of an auction is held

to satisfy delinquent rents, the Tenant in default (the one owing the debt to the Landlord)

will not be allowed to participate in such auction in an attempt to regain his property

at a value lower than the delinquent rents owed.  Properties that are abandoned will be

disposed of at the Landlord’s discretion.


18.  Quiet Possession.

Landlord covenants and warrants that upon performance by Tenant of its obligations

hereunder, Landlord will keep and maintain Tenant in exclusive, quiet, peaceable and

undisturbed and uninterrupted possession of the Leased Premises during the term of this

Lease.


19.  Condemnation.

If any legally, constituted authority condemns the Storage facilities or such part thereof

which shall make the Leased Premises unsuitable for leasing, this Lease shall cease when

the public authority takes possession, and Landlord and Tenant shall account for rental as

of that date.  Such termination shall be without prejudice to the rights of either party to

recover compensation from the condemning authority for any loss or damage caused by

the condemnation.  Neither party shall have any rights in or to any award made to the

other by the condemning authority.


20.  Subordination.

Tenant accepts this Lease subject and subordinate to any mortgage, deed of trust or other

lien presently existing or hereafter arising upon the Leased Premises, or upon the storage

buildings and to any renewals, refinancing and extensions thereof, but Tenant agrees that

any such mortgagee shall have the right at any time to subordinate such mortgage, deed

of trust or other lien to this Lease on such mortgagee may deem appropriate in its  discretion. 

Landlord is hereby irrevocably vested with full power and authority to subordinate this Lease

to any mortgage, deed of trust or other lien now existing or hereafter placed upon the Leased

Premises of the storage buildings, and Tenant agrees upon demand to execute such further

instruments subordinating this Lease or atoning to the holder of any such liens as Landlord may

request.  In the event that Tenant should fail to execute any instrument of subordination

herein required to be executed by Tenant promptly as requested, Tenant hereby

irrevocably constitutes Landlord as its attorney-in-fact to execute such instrument in

Tenant's name, place and stead, it  being interest.  Tenant agrees that it will from time to time upon request by Landlord execute and deliver to such persons as Landlord shall request a statement in recordable

form certifying that this Lease is unmodified and in full force and effect (or if there have been

modifications, that the same is in full force and effect as so modified), stating the dates to

which rent and other charges payable under this Lease have been paid, stating that

Landlord is not in default hereunder (or if Tenant alleges a default stating the nature of

such alleged default) and further stating such other matters as Landlord shall reasonably

require.


21.  Security Deposit.

Currently, there is no security deposit required.


22.  Notice.

Any notice required or permitted under this Lease shall be deemed sufficiently given or

served if sent by United States certified mail, return receipt requested, addressed as

follows:


If to Landlord to:

Bama Jammer Mini-Storage

5108-B Colemont Lane

Huntsville, Alabama 35811


If to Tenant to:

The address as specified by the Tenant in his Rental Application Form on file in the

Bama Jammer office.  If the Tenant has a change of address, as a part of this agreement,

It is the Tenant’s responsibility to immediately notify the Landlord of such address change.


Landlord and Tenant shall each have the right from time to time to change the place that

the notice is to be given under this paragraph by written notice thereof to the other party.


23. Not For Business.

Tenant shall not at any time run a business, flea market or any type of business

whatsoever  out of this rental property nor is the Tenant permitted to sub-lease the rental

property.


24.  Right to Terminate

Both the Landlord and Tenant shall have the right to terminate this agreement at any time

with or without cause.  Upon termination of this agreement prior to the last day of

each month, no balance of pre-paid rental payment shall be returned to the Tenant. 


25.  Tenant’s Agents and Visitors

By signing below the Tenant agrees to be responsible for the actions, thefts and damages

done by any of the Tenant’s agents and visitors that the Tenant allows to have access to

the Rental property.

 

26.  Hours of Operation

As posted on property.  The Landlord is not responsible for any actions outside of his

control that would deny the Tenant access to the rental property.  Should an Act of God

or the Devil or other causes outside the control of the Landlord result in the prevention of

access to the property, Landlord will be granted sufficient and reasonable time to restore

access to the property.


27. Security Measures

The Landlord shall provide reasonable security measures at the rental property but is not

responsible for any thefts, damages, personal attacks, assaults, etc. that may happen at the

rental location.  The Tenant understands that he / she enters the property and places

properties in storage at his / her own risk.


28.  Move Out Date

Since this is a “Month to Month” agreement, the “move out date” for vacating the storage

unit(s) is 5:00 PM on the last day of each month.  If the units are not completely vacated by that date,

rent will be charged for another complete month.  If the Tenant should “move out”

prior to the last day of the month, no balance of pre-paid rental payment shall be

returned to the Tenant. 


29.  Waiver.

No waiver of any default of Landlord or Tenant hereunder shall be implied from any

omission to take any action on account of such default if such default persists or is

repeated, and no express waiver shall affect any default other than the default specified in

the express waiver and that only for the time and to the extent therein stated.  One or

more waivers by Landlord or Tenant shall not be construed as a waiver of a subsequent

breach of the same covenant, term or condition.


30.  Memorandum of Lease.

The parties hereto contemplate that this Lease should not and shall not be filed for record.


31.  Headings.

The headings used in this Lease are for convenience of the parties only and shall not be

considered in interpreting the meaning of any provision of this Lease.


32.  Successors.

The provisions of this Lease shall extend to and be binding upon Landlord and Tenant

and their respective legal representatives, successors, executors and assigns.


33.  Consent.

Landlord shall not unreasonably withhold or delay its consent with respect to any matter

for which Landlord's consent is required or desirable under this Lease.


34.  Compliance with Law.

Tenant shall comply with all laws, orders, or hereafter pertaining to Tenant's use of the Leased Premises.  Landlord shall comply with all laws, orders, ordinances and other public requirements now or hereafter affecting

the Leased Premises.


35.  Final Agreement.

This Agreement terminates and supersedes all prior understandings or agreements on the

subject matter hereof.  This Agreement may be modified from time to time and posted in the

mini-storage office at 5108 Colemont Lane.


36. Delinquency Fees.

Recurring monthly Fees shall be levied against delinquent accounts as follows:

Days Late  /  FEE

10    $10.00

20    $10.00

30    $10.00

40    $10.00 Lien Notification Fee

Lien    $50.00 Lien Sale notice plus cost of advertising sale


  1. 37. Value Limit

The cumulative value of ALL items stored in the unit cannot exceed $5,000.


  1. 38. Abandonment of Property

Any property left on the premises at 5106, 5108 Colemont Lane and 900 Winchester Road after a rent payment delinquency period of 30 days will be considered abandoned property.  Such property will be disposed of at the discretion of the Landlord.


IN WITNESS WHEREOF, the parties have first above written.


IN WITNESS WHEREOF, the parties have hereunto set their hands and seals this day 


PLEASE READ BEFORE SIGNING:

By signing below, I affirm that I have read and understand all of the

provisions of the above Rental / Lease Agreement.  I also affirm that I

have personally inspected the mini-storage building that I am renting /

leasing and find it to be safe, secure, free from leaks, free from

situations that would pose a danger to my person or damage to my

property. I find it to be satisfactory for my needs.  I understand that I

am renting / leasing entirely at my own risk. I Understand that I must

check out and vacate the rental unit prior to 5:00 PM the last day of the month.  I

also understand that once the rental fee is “Drafted” from my account,

Bama Jammer Mini-Storage does not have the capability to process a refund. 

As a term of this agreement, the Lessee shall maintain on file in the principal

office of the Lessor the Lessee’s current phone numbers, address and current

contact information.



This agreement shall comply with all aspects of the Alabama “Self-Service Storage Act”

(Title 8,Chapter 15, Article 2,Section 8-15-30).


BE IT UNDERSTOOD:  Bama Jammer Mini-Storage has no insurance on your items placed in storage.  As stated above, by signing below, I am testifying that I understand that I am renting / leasing entirely at my own risk.  The mini-storage company and owner(s) are not responsible for roof leaks, water damage, theft, Acts of God or the Devil, personal attacks, acts of other Tenants, etc.



Personal:  

            

_________________________________                            

Signature


Name:  ___________________________


Date:  ____________________________

   

                                   

Business:


By:  _____________________________


Name:  ___________________________      


Date:  _____________________________


Title:  _____________________________


      

Revised version  03/02/2010