5. NO SUBLETTING OR ASSIGNMENT. Tenant is not permitted to sublet or assign this Agreement.
6. NO ALTERATIONS. Tenant may not modify, alter, paint, deface, or put holes in the walls, floors, or ceilings of the space or facility, in any manner.
7. RESPONSIBILITY FOR DAMAGE. Tenant will pay for damage caused by Tenant or Tenant's employees, agents, delivery persons, family, guests, or
their animals to the space rented or to any other real or personal property located at the facility or used in connection with it.
8. LESSOR'S RIGHT OF ENTRY. Lessor may enter the space under any of the following circumstances:
1. Lessor has express written or oral authority from Tenant to enter;
2. Lessor reasonably believes there is an "emergency," including without limitation an imminent danger or health hazard to persons or property
because of danger of fire or water damage, broken doors, broken locking mechanisms, faulty alarm systems, storage of animals, explosives,
ammunition, spoiled food, carcasses, volatile chemicals, or fuel not in containers approved by Lessor. Lessor will promptly notify Tenant by
regular mail or phone after entry for emergency purposes;
3. Lessor has reasonable grounds to believe that criminal activity is occurring in the space;
4. Lessor has made written request to Tenant by mail for access to the space for relocation of contents after casualty loss or for inspection, repair,
or improvement, and Tenant has failed to provide such access at the time and date requested, which may be no sooner than 7 days form the
mailing of such request; or
5. Lessor is exercising Lessor's lien under paragraph 11. Otherwise, Lessor may not enter the space.
Lessor may remove Tenant's lock(s) and relocate all contents elsewhere in the facility if: (a) Lessor has authority to enter under this paragraph,
AND (b) Lessor has either seized the contents for foreclosure or has reasonably determined that relocation is needed to protect the contents or
space from loss or damage from casualty or theft. Lessor will pay labor costs of relocation and Tenant will pay for new lock. If Lessor relocates
and stores property found in Tenant's space as authorized above, Tenant will no longer be liable for rent under paragraph 4(a) but will be liable
for reasonable storage charges not exceeding the rent in that paragraph. If Tenant's lock is removed under this paragraph or under paragraph 9
OR 11(6), Tenant will pay the lock removal charges under paragraph 4(e). Tenant will continue to have access to relocated property except
when in default.
9. LAW ENFORCEMENT DIRECTIVES. Upon presentation of a search warrant by a health or law officer, Lessor may open the space or allow such officer to open the space for inspection by such officer; and such officer may lock the space. Lessor may also lock the space but is not required to do so.
10. NONLIABILITY AND RELEASE FOR LOSS OR INJURY; AND INSURANCE. Tenant agrees to exercise due care for the safety and security of Tenant and Tenant's property, employees, agents, family, and guests while in the facility. Lessor is not a bailee and has no safekeeping duties for Tenant's property at any time under any circumstances, In this Agreement, "Tenant's property" and "contents" mean all contents that have been stored in the space or brought onto the property by Tenant or others. LESSOR IS NOT LIABLE FOR LOSS OR DAMAGE TO PROPERTY STORED IN OR TRANSPORTED TO OR FROM TENANT'S SPACE, REGARDLESS OF WHO OWNS SUCH PROPERTY AND REGARDLESS OF WHETHER THE LOSS OR DAMAGE IS CAUSED BY FIRE, SMOKE, DUST, WATER, WEATHER, INSECTS, VERMIN, EXPLOSION, UTILITY INTERRUPTION, EQUIPMENT MALFUNCTION, UNEXPLAINED DISAPPEARANCE, NEGLIGENCE OF LESSOR OR LESSOR'S AGENTS, THEFT BY OTHERS, OR ANY OTHER CAUSE--UNLESS SUCH IS PROHIBITED BY LAW. Any insurance maintained by Lessor is by law only for the benefit of the Lessor.
WITHOUT LESSOR'S WRITTEN PERMISSION, TENANT WILL NOT STORE PROPERTY THAT HAS AN AGGREGATE VALUE OF OVER $5,000 OR THAT MAY CAUSE EMOTIONAL DISTRESS OR CONSEQUENTIAL DAMAGES IF IT WERE MISSING, STOLEN, OR DAMAGED. TENANT WILL PURCHASE FIRE, THEFT, AND CASUALTY INSURANCE ON ALL OF TENANT'S PROPERTY IF ITS VALUE EXCEEDS $1,000. The purpose is to protect Tenant, other tenants, Lessor and others in the event of loss by theft, damage, fire, flood, explosion, natural disaster, or other harm caused by weather, accident, or negligence of such parties or their animals.
TENANT WILL SELF-INSURE ALL CONTENTS NOT COVERED BY TENANT'S INSURANCE. Self-insurance means that Tenant will bear the entire risk of loss in the event of damage or loss to such contents from crime, casualty, or other harm or loss listed above. Lessor does not and legally cannot carry insurance on the contents of Tenant's space.
11. LESSOR'S REMEDIES. If Tenant is in "default," Lessor may exercise one or more of the following remedies at any time:
1. lock Tenant's unlocked space with Lessor's lock and charge a "locking" charge for each unlocked space.
2. deny Tenant access to the facility and/or overlock Tenant's space and/or chain Tenant's property for nonpayment of any sums due by Tenant,
until paid in full, and charge an overlocking or chaining charge as per paragraph4(f);
3. deny Tenant access to the facility and/or overlock Tenant's space for violating any provision of this agreement until such violation ceases and
overlock charges are paid;
4. terminate Tenant's right of possession and/or terminate this Agreement by giving Tenant 3 days written notice to vacate; and if Lessor files an
eviction lawsuit, Tenant will pay Lessor attorneys fees and court costs, plus the judicial eviciton charge as per paragraph 4(j) for Lessor's time,
inconvenience, and overhead for filing the eviction suit;
5. collect charges in paragraph 4 as appropriate and exercise any other remedy or right allowed by law; and/or
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6. enforce Lessor's lien by seizure and sale of all contents of Tenant's space by nonjudicial foreclosure under Chapter 59, Texas Property Code.
Seizure and sale will only be for default in paying sums due to Lessor. For purposes of statutory foreclosure, seizure occurs when: (1) Lessor both
overlocks Tenant's space and mails a statutory notice of claim to Tenant soon thereafter, OR (2) Lessor removes Tenant's lock or locks from a
door or gate that is part of an enclosure that solely encloses Tenant's property without Lessor having authority to enter under paragraph 8(1),
(2), or (3) and without Lessor being directed to remove Tenant's lock by a health or law officer under paragraph 9. In an unlockable outdoor
storage space, seizure for foreclosure purposes occurs when: (1) Lessor attaches a security chain to Tenant's property to immobilize the property,
OR (2) Lessor denies Tenant access to the facility and mails a statutory notice of claim to Tenant soon thereafter.
If Lessor has sent statutory notice of claim for unpaid sums, Tenant is liable for Lessor's charge for same under paragraph 4(g). In addition to statutory requirements of notice of claim and advertising/posting, Lessor may send to Tenant via regular mail a notice of date, time, and place of sale. If foreclosure procedures are commenced, Tenant will be liable for newspaper ad charges in paragraph 4(h), forclosures sale charges in paragraph 4(i), and reasonable auctioneer charges. At foreclosure sale, all contents in the space may be sold item-by-item, in batches, or by the entire space, at Lessor's option. If a creditor of Tenant has a lien on property in the space and if the lien is recorded with the Texas Secretary of State, Texas Dept. of Transportation, or Texas Dept. of Parks and Wildlife, Lessor may, upon payment by the creditor of all or part of the sums due by Tenant, turn over possessions of such property to the creditor (1) anytime before the public sale date if procedures of Property Code Section 70.006 are followed or (2) immediately before accepting bids on the day of public sale.
12. ABANDONMENT. Tenant has "abandoned" the storage space if ALL of the following occur: (a) Tenant has given Lessor written or oral move-out notice; (b) Tenant's lock has been removed from the space by someone other than Lessor; and (c) the move-out date or termination date has expired. Tenant also has "abandoned" the storage space if ALL of the following occur: (a) Tenant has not paid rent or other sums due; (b) Tenant's lock has been removed by a statutory seizure; and (c) Tenant's space contains nothing of value to the ordinary person. The space will also be deemed abandoned if due to a casualty the unit contains nothing of value to the ordinary person, and you fail to remove all items from the space within 10 days after we mail you a notice of abandonment due to a casualty.
If the space has been "abandoned" as defined above, Tenant relinquishes all rights to contents in the space; and Lessor may remove and lock, enter, remove, and/or dispose of all contents. Unless the space has been "abandoned" or there has been a judicial eviction, Lessor may not dispose of any of its contents except by: (a) exercising the lien seizure and sale procedures of Chapter 59, Texas Property Code; or (b) entering in an "emergency" under paragraph 8 or allowing entry by a health or law officer under paragraph 9, and throwing away property which, in the good faith judgement of Lessor or such officer, is an imminent danger or health hazard under paragraph 8.
13. INDEMNITY AND SUBROGATION. TENANT WILL INDEMNIFY AND HOLD LESSOR HARMLESS FROM ALL CLAIMS, DAMAGES, GOVERNMENT FINES, LAWSUITS, AND LAWSUITS COSTS RELATING TO LOSS OR DAMAGE TO PROPERTY STORED IN OR TRANSPORTED TO OR FROM TENANT'S SPACE, REGARDLESS OF WHO OWNS SUCH PROPERTY AND REGARDLESS OF WHETHER THE LOSS OR DAMAGE IS CAUSED BY FIRE, SMOKE, DUST, WATER, WEATHER, INSECTS, VERMIN, EXPLOSION, UTILITY INTERRUPTION, EQUIPMENT MALFUNCTION, UNEXPLAINED DISAPPEARANCE, NEGLIGENCE OF LESSOR OR LESSOR'S AGENTS, THEFT BY OTHERS, OR ANY OTHER CAUSE--UNLESS SUCH IS PROHIBITED BY LAW.
Tenant waives all insurance subrogation rights and releases Lessor from all liability for all claims covered by Tenant's insurance. Tenant's insurance carrier for property stored in Tenant's space or in the facility will not be subrogated to any claim of Tenant against Lessor or Lessor's officers, employees, or agents. Lessor's employees and agents are not allowed to do work for Tenant; and if they do so at Tenant's request, they are not agents of Lessor; and Tenant will hold Lessor harmless for any resulting damages.
RULES AND POLICIES
14. RENT POLICIES.
(a) Rent is due on the due date in paragraph 4(b). Payments must be delivered or mailed to Lessor's mailing address at the top of page 1.
(b) Rent is deliquent after the due date in paragraph 4(b). Late fees will be charges as provided in paragraph 4(c).
(c) Lessor may require or prohibit payment by check , money order, cashiers or travelers check, credit card or cash, at any time.
(d) All payments by money order or check (including cashiers checks and travelers checks) must contain the Tenant's storage space number(s)
(e) If any sum due by Tenant is delinquent, Lessor may "overlock" Tenant's storage space and/or Lessor may apply a security chain to Tenant's
property; and Tenant will incur overlock charges and/or chaining charges as shown in paragraph 4(f). If the space is unlockable and one or
more pieces of Tenant's property is chained, Tenant will be charged the chaining charge shown in paragraph 4(f) for each item chained.
Section 93.002 of the Texas Property Code regarding commercial lockouts does not apply.
15. TENANT RESPONSIBLE FOR LOCK, INSURANCE AND LOSSES.
ALL PROPERTY IS STORED AND TRANSPORTED AT TENANT'S SOLE RISK. LESSOR IS NOT LIABLE FOR LOSS OR DAMAGE TO PROPERTY STORED IN OR TRANSPORTED TO OR FROM PROPERTY AND REGARDLESS OF WHO OWNS SUCH PROPERTY AND REGARDLESS OF WHETHER THE LOSS OR DAMAGE IS CAUSED BY FIRE, SMOKE, DUST, WATER, WEATHER, INSECTS, VERMIN, EXPLOSION, UTILITY INTERRUPTION, EQUIPMENT MALFUNCTION, UNEXPLAINED DISAPPEARANCE, NEGLIGENCE OF LESSOR OR LESSOR'S AGENTS, THEFT BY OTHER, OR ANY OTHER CAUSE--UNLESS SUCH IS PROHIBITED BY LAW.
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16. STORAGE RULES.
(a) WITHOUT LESSOR'S PRIOR WRITTEN CONSENT, Tenant MAY NOT USE the space or any portion of the the facility for the following:
(1) lodging, sleeping, cooking, or consumption of alcoholic beverages;
(2) garage sale, flea market, or direct sales from the space;
(3) parties, gatherings, meeting for any purpose, or building floats;
(4) business office or full-time work area;
(5) sanding, painting, welding, soldering, or operating power equipment;
(6) practicing or playing musical instrument (individual or group);
(7) any use that violates zoning, fire, or criminal codes or other laws; or
(8) activities classified as a nuisance in Lessor's sole judgment.
(b) WITHOUT LESSOR'S PRIOR WRITTEN CONSENT, Tenant MAY NOT DO any of the following:
(1) alter, paint, or deface any part of the space or facility;
(2) put weight on or attach anything to structural elements;
(3) put holes in floors or other parts of the leased space;
(4) have a visible sign or install an alarm system in or on the space; or
(5) modify electrical service or use electricity for other than lights.
(1) All persons must comply with posted signs that are plainly visible.
(2) Animals must be kept inside vehicles. Exceptions are guide dogs for disabled persons and animals of Lessor and Lessor's staff.
(3) Please do not ask staff to help load, unload, or move anything.
(4) Lessor's employees are prohibited from doing manual labor for tenants because of risk of injury and insurance considerations.
(5) All persons must wear footwear to prevent injuries.
(6) Anything affixed to walls, ceiling, or other parts of the space without Lessor's consent becomes the property of Lessor, at Lessor's
(7) Tenant will be liable for reasonable charges for removing unlawfully attached property, repairing any damage, and removing trash in
common areas left by Tenant, Tenant's family, guests, or contractors.
(8) Urination or defecation by animals in not permitted except in designated areas, if any. Urination or defecation by persons is not
permitted except in restrooms, if any.
(9) Please conserve energy by turning off all lights prior to leaving.
(10) No bicycling, skateboarding, roller skating, or other recreational activites are allowed in the facitlity.
17. GROUND RULES.
(a) Tenant and Tenant's employees, agents, guests, and families:
(1) must NOT exceed five-mile per hour speed limit inside facility;
(2) must NOT block traffic or prevent vehicles from entering or exiting;
(3) must NOT leave vehicles or other items in common areas unattended;
(4) must NOT park vehicles in fire lanes or in marked no-parking areas;
(5) must NOT work in driveways, parking spaces, or common areas;
(6) must NOT change oil or fluids in vehicles or discharge liquids of any kind in spaces, halls, driveways, or common areas;
(7) must NOT litter halls, driveways, parking area, or dumpster areas;
(8) must NOT block access to dumpsters or use any dumpsters for disposal of items which may not be stored in Tenant's space under these
(9) must NOT use any dumpsters for off-site refuse; and
(10) must NOT disturb other tenants.
(b) Anything subject to licensure (autos, vans, trucks, motorcycles, boats, trailer, etc.) parked in violation of the above may be towed under Chapter
2308, Texas Occupations Code. All other property left unattended outside in the facility overnight may be disposed of at Lessor's option.
(c) Lessor is not liable for malfunctions of mechanical or electrical devices which control facility gates; but Lessor will proceed diligently to repair
after the problem is discovered by Lessor. Lessor has no duty to remove ice, sleet, or snow from common areas; but, at Lessor's option, Lessor
may remove same in whole or in part, with or without notice.
TEXAS PROPERTY CODECHAPTER 59 SELF-SERVICE STORAGE FACILITY LIENS
_Sec. 59.001. Definitions. In this chapter:
(1) "Lessor" means an owner, lessor, sublessor, or managing agent of a self-service storage facility.
(3) "Self-service storage facility" means real property that is rented to be used exclusively for storage of property and is cared for and controlled by the
(4) "Tenant" means a person entitled under a rental agreement to the exclusive use of storage space at a self-service storage facility.
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_Sec. 59.002. Applicability.
This chapter applies to a self-service storage facility rental agreement that is entered into, extended, or renewed after September 1, 1981.
_Sec. 59.003. Applicability of Other Statutes.
(a) Subchapter B, Chapter 54, does not apply to a self-service storage facility.
(b) Unless a lessor issues a warehouse receipt, bill of lading, or other document of title relating to property stored at the facility, the following statutes do not apply to a self-service storage facility: (1) Chapter 7, Business & Commerce Code, as amended; (2) Subchapter A, Chapter 14, Agriculture Code, as amended; and (3) Sections 14.201, 14.204 through 14.214, and 14.216, Agriculture Code.
_Sec. 59.004. Variation by Agreement and Waiver.
Except as expressly provided by this chapter, a lessor or tenant may not vary the provisions of this chapter by agreement or waive rights conferred by this chapter
_Sec. 59.005. Damages for Violation.
A person injured by a violation of this chapter may sue for damages under the Deceptive Trade Practices--Consumer Protection Act (Subchapter E, Chapter 17, Business & Commerce Code)
_Sec. 59.006. Attachment and Priority of Lien.
A lien under this chapter attaches on the date the tenant places the property at the self-service storage facility. The lien takes priority over all other liens on the same property
_Sec. 59.007. Purchase of Property.
A good faith purchaser of property sold to satisfy a lien under this chapter takes the property free of a claim by a person against whom the lien was valid, regardless of whether the lessor has complied with this chapter.
_Sec. 59.008. Redemption.
A tenant may redeem property seized under a judicial order or a contractual landlord's lien prior to its sale or other disposition by paying the lessor the amount of the lien and the lessor's reasonable expenses incurred under this chapter.
_Sec. 59.009. Residential Use.
A tenant may not use or allow the use of a self-service storage facility as a residence.
_Sec. 59.021. Lien; Property Attached.
A lessor has a lien on all property in a self-service storage facility for the payment of charges that are due and unpaid by the tenant.
_Sec. 59.041. Enforcement of Lien.
(a) Except as provided by Subsection (b) of this section, a lessor may enforce a lien under this chapter only under a judgment by a court of competent jurisdiction that forecloses the lien and orders the sale of the property to which it is attached.
(b) A lessor may enforce a lien under this chapter by seizing and selling the property to which the lien is attached if:
(1) the seizure and sale are made under the terms of a contractual landlord's lien as underlined or printed in conspicuous bold print in a written rental
agreement between the lessor and tenant; and
(2) the seizure and sale are made in accordance with this chapter.
_Sec. 59.042. Procedure for Seizure and Sale.
(a) A lessor who wishes to enforce a contractual landlord's lien by seizing and selling or otherwise disposing of the property to which it is attached must deliver written notice of the claim to the tenant.
(b) If the tenant fails to satisfy the claim before the 15th day after the day that the notice is delivered, the lessor must publish or post notices advertising the sale as provided by this subchapter.
(c) If notice is by publication, the lessor may not sell the property until the 15th day after the day that the first notice is published. If notice is by posting, the lessor may sell the property after the 10th day after the day that the notices are posted.
_Sec. 59.043. Contents and Delivery of Notice of Claim.
(a) The lessor's notice to the tenant of the claim must contain:
(1) an itemized account of the claim;
(2) the name, address, and telephone number of the lessor or the lessor's agent;
(3) a statement that the contents of the self-service storage facility have been seized under the contractual landlord's lien; and
(4) a statement that if the claim is not satisfied before the 15th day after the day that the notice is delivered, the property may be sold at public auction.
(b) The lessor must deliver the notice in person or by certified mail to the tenant's last known address as stated in the rental agreement or in a written notice from the tenant to the lessor furnished after the execution of the rental agreement. Notice by mail is considered delivered when the notice, properly addressed with postage prepaid, is deposited with the United States Postal Service.
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_Sec. 59.044. Notice of Sale.
(a) The notice advertising the sale must contain:
(1) a general description of the property;
(2) a statement that the property is being sold to satisfy a landlord's lien;
(3) the tenant's name;
(4) the address of the self-service storage facility; and
(5) the time, place, and terms of the sale.
(b) The lessor must publish the notice once in each of two consecutive weeks in a newspaper of general circulation in the county in which the self-service storage facility is located. If there is not a newspaper of general circulation in the county, the lessor may instead post a copy of the notice at the self-service storage facility and at least five other conspicuous locations near the facility.
_Sec. 59.045. Conduct of Sale.
A sale under this subchapter must be a public sale at the self-service storage facility or a reasonably near public place. The lessor must conduct the sale according to the terms specified in the notice advertising the sale and sell the property to the highest bidder.
_Sec. 59.046. Excess Proceeds of Sale.
If the proceeds of a sale under this subchapter are greater than the amount of the lien and the reasonable expenses of the sale, the lessor shall deliver written notice of the excess to the tenant's last known address as stated in the rental agreement or in a written notice from the tenant to the lessor furnished after the execution of the rental agreement. The lessor shall retain the excess and deliver it to the tenant if the tenant requests it before two years after the date of the sale. If the tenant does not request the excess before two years after the date of the sale, the lessor owns the excess.
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