MIDWAY STORAGE PARK
SELF-STORAGE TENANCY AGREEMENT
Landlord: OPUS PROPERTY MANAGEMENT LTD,
trading as Midway Storage Park
Address: Midway Storage Park, Clarkes Hill, Antigua.
Tenant
Information:
Name:
Address:
Home Phone:
Business Phone:
Cell Phone:
Fax:
Email:
Unit No: Rent Due Date:
Unit Size: Days for Notice of Termination:
Fees: Admin Fee: $ - 0 -
& Charges: Late Fee: $ - 0 - Late Fee Dates: _________ & __________
Lien Sale Charge: $ - 0 - Transfer Fee: $ - 0 -
Check Fee: $ - 0 - Other Charges: $ - 0 -
Term of Tenancy Agreement:
Do not sign this agreement until you have read it, including the provision on all pages, and fully understand it. This agreement limits the Landlord’s liability for loss of or damage to your stored property. If you have any questions concerning its legal effect, consult your legal advisor.
___________________________________ ___________________________________
Landlord Signature Tenant Signature
Date
NOTICE - PLEASE READ THIS:
This agreement was drafted by Midway Storage Park for the exclusive use of its members. We have done our best to provide a useful and complete self-storage Tenancy Agreement that can be used in Antigua. However, we cannot guarantee that you can use this form trouble free. We do not know the individual characteristics of your business or how you operate it.
It is your responsibility to review the Tenancy Agreement before using it and making certain it conforms to your method of operating your self storage business. Feel free to consult your Attorney.
Also no Tenancy Agreement is a substitute for liability insurance that covers typical self storage business claims. Neither the Midway Storage Park nor its advisors make any guarantee on the adequacy of the Tenancy Agreement for your self storage business.
THE UNAUTHORIZED COPYING OR OTHER REPRODUCTION OF THIS FORM IS VIOLATION OF MIDWAY STORAGE PARK’S COPYRIGHT AND WILL SUBJECT LANDLORD TO APPROPRIATE ENFORCEMENT ACTION BY MIDWAY STORAGE PARK AND RESULT IN IMMEDIATE TERMINATION OF MIDWAY STORAGE PARK MEMBERSHIP RIGHTS AND PRIVILEGES.
MIDWAY STORAGE PARK
SELF-STORAGE TENANCY AGREEMENT
NOTICE OF LIEN: Pursuant to Antigua law the Landlord has a lien on Lessee’s stored property for rent and other charges. Landlord may sell Lessee’s property in accordance the Recovery of Rent Act, Cap. 371 of the Laws of Antigua and Barbuda if Lessee fails to pay rent and other charges when due.
Landlord, rents to Tenant the storage space indicated above pursuant to the following terms and conditions:
TERM: The term of the tenancy shall commence on the date indicated above and shall continue until terminated on a month-to-month basis or other term as indicated. The minimum rental term is 1 week.
RENT: The rent shall be the amount stated above and paid to Landlord at the address stated above. Rent is due each month on the rent due date in advance and without demand. Landlord reserves the right to require that rent and other charges be paid in cash, certified check or money order.
SECURITY DEPOSIT: Tenant will pay in advance a security deposit in the amount stated above to secure Tenant's faithful performance of all terms of this agreement. Tenant agrees that Landlord need not segregate this deposit from other funds, and that no interest will be due for the period of time during which the deposit is held. This deposit, less all expenses incurred by Landlord for damage or cleaning the storage space shall be returned to Tenant within 21 days after Tenant removes all stored property from the storage space. At Landlord's sole option, amounts may be withheld from the security deposit to compensate Landlord for any rent or any other charges due and unpaid under this agreement at the time Tenant relinquishes, abandons or otherwise loses possession of the storage space. Landlord reserves the right to require an additional security deposit when deemed necessary in Landlord’s sole discretion.
LATE CHARGES AND OTHER FEES: Tenant agrees to pay Landlord the late fees as indicated on the first page of the Tenancy Agreement. Tenant shall pay Landlord any indicated fees for each letter sent to Tenant notifying Tenant of the default. Tenant agrees to pay Landlord the indicated check charge plus all bank charges for any dishonored check. These fees are considered additional rent and are to compensate Landlord for labor and other costs of collection. In the event of default, Tenant agrees to pay all collections and lien costs incurred by Landlord.
DENIAL OF ACCESS: When rent or other charges remain unpaid for seven (7) consecutive days, in addition to any other remedies, the Landlord may deny Tenant access to the storage space.
NOTICE OF NON-PAYMENT: If the monthly rental has not be received 28 days after payment was due a 7 day notice will be given to the tenant and Midway Storage Park will then sell your possessions to recover costs.
TERMINATION: Advanced written notice given by Landlord or Tenant as indicated on the first page to the other party will terminate this tenancy. Tenant must leave the space broom clean and in good condition. Tenant is responsible for all damages.
USE OF STORAGE SPACE: Tenant shall not occupy space as a residence or sleep in unit. Landlord 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 Tenant’s stored property. Tenant agrees to use the storage space only for the storage of property wholly owned by Tenant and NOT to use the space as a work area. Tenant shall not store antiques, heirlooms, collectibles or any property having special or sentimental
value to Tenant. Tenant waives any claim for emotional or sentimental attachment to the stored property. Nothing herein shall constitute any agreement or admission by Landlord that Tenant’s stored property has any value, nor shall anything alter the release of Landlord's liability set forth below. Tenant is responsible for removing sand and other debris in front of their unit. No work is allowed in the unit unless written approval is received from the Landlord.
HAZARDOUS OR TOXIC MATERIALS PROHIBITED: Tenant is strictly prohibited from storing or using materials in the storage space or on the facility classified as hazardous, toxic, or illegal under any local, state or federal law or regulation, and from engaging in any activity which produces such materials. Tenant’s obligation of indemnity as set forth below specifically includes any costs, expenses, fines or penalties imposed against the Landlord, arising out of the storage or use of any hazardous, toxic, or illegal
material by Tenant, Tenant’s agents, employees, invitees or guests. Landlord may enter the storage space at any time to remove and dispose of prohibited items.
INSURANCE: Tenant, at Tenant’s expense, shall maintain a policy of fire, extended coverage endorsement, burglary, vandalism and malicious mischief insurance for the actual cash value of stored property. Insurance on Tenant’s property is a material condition of this agreement and is for the benefit of both Tenant and Landlord. Failure to carry the required insurance is a breach of this agreement and Tenant assumes all risk of loss to stored property that would be covered by such insurance. Tenant expressly agrees that the insurance company providing such insurance shall not be subrogated to any claim of Tenant against Landlord, Landlord's agents or employees for loss of or damage to stored property.
RELEASE OF LANDLORD'S LIABILITY FOR PROPERTY DAMAGE: All personal property stored within or upon the storage space by Tenant shall be at Tenant’s sole risk. Landlord and Landlord's agents and employees shall not be liable for any loss of or damage to any personal property in the storage space or at the self storage facility arising from any cause whatsoever including, but not limited to, burglary, mysterious disappearance, fire, water damage, rodents, Acts of God, the active or passive acts or omissions or negligence of the Landlord, Landlord's agents or employees.
RELEASE OF LANDLORD'S LIABILITY FOR BODILY INJURY: Landlord, Landlord’s agents and employees shall not be liable to Tenant for injury or death as a result of Tenant’s use of the storage space or the self storage facility, even if such injury is caused by the active or passive acts or omissions or negligence of the Landlord, Landlord's agents or employees.
INDEMNITY: Tenant agrees to indemnify, hold harmless and defend Landlord from all claims, demands, actions or causes of action (including attorneys' fees and all costs) that are hereinafter brought by others arising out of Tenant’s use of the storage space and common areas, including claims for Landlord's active negligence.
CHANGE OF ADDRESS: Tenant must provide address changes to Landlord in writing. Such change will become effective when received by Landlord. It is Tenant’s responsibility to verify that Landlord has received and recorded the requested change of address.
LOCKS: Tenant shall provide, at Tenant’s own expense, a lock that Tenant deems sufficient to secure the space. If the space is found unlocked Landlord may, but is not obligated to, take whatever measures Landlord deems reasonable to re-secure the space, with or without notice to Tenant. The absence of a lock shall entitle the Landlord to presume conclusively that the unit has been vacated.
Landlord does not warrant or maintain padlocks, whether purchased from, or provided by Landlord.
RULES AND REGULATIONS: Landlord shall have the right to establish or change the hours of operation for the facility and to promulgate rules and regulations for the safety, care and cleanliness of the storage space or the preservation of good order on the facility. Tenant agrees to follow all rules and regulations now in effect, or that may be put into effect from time to time.
PROPERTY LEFT IN THE STORAGE SPACE: Landlord may dispose of any property left in the storage space or on the storage facility by Tenant after Tenant has terminated his or her tenancy. Tenant shall remove all contents from the storage unit when vacating.
Landlord does not provide rubbish disposal for tenants. Tenant shall be responsible for paying all costs incurred by Landlord in disposing of such property.
TENANT ACCESS: Tenant access to the storage facility may be conditioned in any manner deemed reasonably necessary by Landlord to maintain order. Such measures may include but are not limited to, limiting hours of operation, requiring verification of Tenant’s identity and inspecting vehicles that enter the storage facility.
LANDLORD'S RIGHT TO ENTER: Tenant grants Landlord, Landlord's agents or representatives of any governmental authority, including police and fire officials, access to the storage space upon twelve (12) hours advanced notice to Tenant. In the event of an emergency, Landlord, Landlord's agents or representatives of governmental authority shall have the right to enter the storage space without notice to Tenant, and take such action as may be necessary or appropriate to protect the storage facility, to comply with applicable law or enforce Landlord's rights.
NO SUBLETTING: Tenant shall not assign or sub-let the storage space without the written permission of the Landlord. Landlord may withhold permission to sublet or assign for any reason or for no reason in Landlord’s sole discretion.
NOTICES: All notices required by this Tenancy Agreement shall be sent by first class mail postage prepaid to Tenant’s last known address. Notices shall be deemed given when deposited in the Antigua mail. Tenant agrees that any such notice is conclusively presumed to have been received by Tenant five (5) days after mailing, unless returned to Landlord by the Antigua Postal Service. All statutory notices shall be sent as required by law.
NO WARRANTIES: NO EXPRESSED OR IMPLIED WARRANTIES ARE GIVEN BY LANDLORD, LANDLORD’S AGENT’S OR EMPLOYEES AS TO THE SUITABILITY OF THE STORAGE SPACE FOR TENANT’S INDENDED USE. LANDLORDDISCLAIMS AND TENANT WAIVES ANY IMPLIED WARRANTIES OF SUITABILITY OR FITNESS FOR A PARTICULAR USE.
NO ORAL AGREEMENTS: This Tenancy Agreement contains the entire agreement between Landlord and Tenant, and no oral agreements shall be of any effect whatsoever. Tenant acknowledges that no representations or warranties have been made with respect to the safety, security or suitability of the storage space for the storage of Tenant's property, and that Tenant has made his own determination of such matters solely from inspection of the storage space and the facility. Tenant agrees that he is not relying, and
will not rely, upon any oral representation made by Landlord or by Landlord's agents or employees purporting to modify or add to this Tenancy Agreement. Tenant understands and agrees that this agreement may be modified only in writing, signed by both parties.
SUCCESSION: All provisions of this Tenancy Agreement shall apply to and be binding upon all successors in interest, assigns or representatives of the parties hereto.
ENFORCEMENT: If any part of this Tenancy Agreement is held to be unenforceable for any reason, in any circumstance, the parties agree that such part shall be enforceable in other circumstances, and that all the remaining parts of this agreement will be valid and enforceable.
TENANT INFORMATION:
Note: This section must be filled out completely and signed by Tenant.)
The following is my contact information. In the event that there is a change to any of the particulars provided below, I agree that it is my duty to provide such new information in a timely manner to the Landlord.
Name:
Address:
Phone:
Drivers License Number:
Email:
Employer:
Address:
Others authorized to access storage unit:
Tenant Signature: _________________________________________ Date _________
BRIEF DESCRIPTION OF PROPERTY BEING STORED.
Please provide us with a brief description of the property you will be storing:
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Thank you for choosing to rent from us. Please help us serve you better by letting us know where you
heard about us. Please check all that apply.
Driving By and Saw our Sign Word of Mouth (A friend told me.)
Yellow Pages, which one? ________________ Referral (company or business)
Web Site Previous Tenant
Other _________________________________ Live Nearby
Our contact details:
Opus Property Management Ltd.
Trading as Midway Storage Park.
Clarkes Hill, All Saints Road, Antigua. W. I.
Phone (268) 562 7796 Cell (268) 732 6025 http://www.midwaystoragepark.com
