Terms & Conditions

Company Terms and Conditions

TERM: The term of this agreement shall commence on the date the agreement is executed and shall continue on a month to month term. Either party may terminate this Agreement by giving the other party one (1) day written notice prior to the effective date of termination. All leases are for a minimum of one (1) full month effective the first day following the execution of this Agreement. The Tenant shall pay the full amount stated above plus other charges delineated in this Agreement in advance on the 1st of every month. No monthly statements, invoices or reminders will be mailed to the Tenant. Checks should be made payable to: Hamburg 61 Storage and mailed to 218 W Main St, Kutztown, PA 19530. Please note the unit number on all checks.

USE: Tenant shall use the Storage Unit for storage of personal property. Tenant agrees to the terms and conditions set forth in this Agreement. Tenant further agrees to comply with the Rules and Regulations issued from time to time by the Landlord concerning use of the Storage Unit and conduct on the Premises. Tenant acknowledges that Landlord has a statutory lien upon all personal property, whether or not owned by the Tenant, located in the Storage Unit or on the Premises.

Rent: Tenant shall pay Landlord the monthly rent stated above. The initial Rent payment shall be paid on the date of execution of this Agreement. Subsequent payments are due on the Rent Due Date stated above for each calendar month. No monthly statements or reminders will be sent by Landlord. Tenant understands that Rent is not pro-rated at the time of move-out and partial month’s unused Rent is not refundable. Tenant understands that Rent must be paid in full each month and that Landlord does not accept partial payments. Rent payments made after the Landlord’s normal and/or posted business hours will be credited to the Tenant’s account on the next business day. After the expiration of the Initial Term of the Agreement, the Landlord may change the Rent or any other change or fee by giving Tenant thirty (30) days advanced notice.

Charges and Fees: Tenant agrees to pay Landlord the Late Fee stated above if Rent is received ten (10) or more days after the Rent Due Date. Tenant agrees to pay Landlord the Returned Check Charge stated above, plus all bank charges for any dishonored or returned payments. Late Fees will be applied to the Tenant’s account each month Tenant’s account is delinquent and shall be cumulative. These fees and charges are considered additional Rent due under this agreement. Payments made by Tenant will always be applied first to the oldest charges on the Tenant’s account. Tenant further agrees to pay all fees as authorized by law. In the event of a default by Tenant hereunder, Tenant shall reimburse Landlord for all costs and actual attorney fees incurred in the enforcement of this Agreement. In the event of a notice for or the result in an auction a fee of $175 will be charged for the preparation and advertising of such auction.

Termination: This agreement is a month to month agreement. If Tenant wishes to terminate, Tenant must give Landlord at least one (1) days advanced notice of terminating this Agreement. Upon vacating, Tenant must leave the Storage Unit empty, broom clean, and remove Tenant’s lock and otherwise in a condition satisfactory to Landlord. If Tenant fails to empty and clean Storage Unit upon vacating, Tenant shall pay the actual cost of emptying and cleaning Storage Unit in addition to any other amounts due to Landlord under this Agreement. Rent and other fees and charges will continue to accrue until Tenant’s lock is removed from the Storage Unit.

Care of the Premises: Tenant, Tenant’s agents, employees and invitees and/or guests, shall maintain the Storage Unit in good condition, reasonable wear and tear expected, and Tenant shall not perform any practices which may injure the Storage Unit facility or the premises or be a nuisance to other tenants and shall keep the Premises surrounding the Storage Unit, including the adjoining corridors and/or driveways clean and free from rubbish, dirt, snow and other debris at all times. Rubbish and snow around the Tenant’s specific doorway shall be removed by Tenant’s expense. Landlord is not responsible for removal of any nature. Use of Landlord’s dumpster is strictly prohibited without prior permission from the Landlord. Failure to obtain permission may result in a fee charged to Tenant’s account. Tenant is responsible for the cost to repair any and all damage to the Storage Unit, security gate and any other part of the Premises caused by Tenant, Tenant’s agents, invitees and/or guests.

Tenant Access; Owner’s Right to Access; Denial of Access: Tenant’s access to the Premises and to the Storage Unit may be conditioned in any manner deemed reasonably necessary by Landlord. 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 Premises. Tenant grants Landlord or Landlord’s agents access to the Storage Unit upon two (2) days advanced notice to Tenant. In the event of an emergency or nuisance, Landlord shall have the right to enter the Storage Unit without notice to Tenant, and take such action as may be necessary or appropriate to preserve the Storage Unit and surrounding Premises, to comply with applicable law or to enforce Landlord’s rights. Pursuant to Pennsylvania law, Landlord may deny Tenant access to the Storage Unit when Rent is more than twenty (20) days past due. If the Tenant does not pay the amount necessary to satisfy the Lien and the reasonable expenses incurred by the Landlord within fourteen (14) days after the delivery of written notice thereof, Tenant’s property in the Storage Unit or on the Premises will be advertised for sale and will be sold at a specified time and place as allowed by law. Prior to advertising the Tenant’s property for public sale, the Tenant’s lock will be physically removed (Lock Cut Fee applied), an inventory will be taken of the Storage Unit’s contents and the Storage Unit will be sealed with a Landlord’s over lock.

Use of Storage Unit: Landlord is not engaged in the business of storing goods for hire and no bailment is created under this Agreement. Tenant agrees that Landlord does not exercise care, custody, or control over Tenant’s property located in the Storage Unit. Unless otherwise approved in writing by the Landlord, Tenant agrees to use the Storage Unit only for the storage of property wholly owned by Tenant. In no case may Tenant reside in the Storage Unit, or store any flammables, stolen property, perishables, hazardous or toxic materials, explosives, ammunition, anything alive or dead, food of any type, collectibles, heirlooms, jewelry, works of art, property having special or sentimental value to Tenant, guns or any illegal items. Tenant hereby waives any claim for emotional or sentimental attachment to any property in the Storage Unit. Tenant agrees not to store property with the total value in excess of $5,000 without the express written permission of the Landlord. Nothing herein shall constitute any agreement or admission by Landlord that Tenant’s stored property has any value. Tenant shall use electrical outlets for lighting purposes only and shall not engage in any activity that interferes with the use of the Premises by other Tenants or the Landlord. Tenant understands that the Storage Unit is not heated or cooled, unless Tenant is renting a Storage Unit specifically designated as such by Landlord. The use of any heating or cooling device in the Storage Unit is prohibited without the express written consent of the Landlord. Hazardous or Toxic Materials Prohibited: Tenant is strictly prohibited from storing or using within the Storage Unit or on the Premises any materials classified as hazardous or toxic under any local, state or federal law or regulation, and from engaging in any activity which produces such materials. Tenant’s obligations of indemnity under this Agreement specifically include any costs, expenses, fines or penalties imposed against Landlord arising out of the storage, use or creation of any hazardous material by Tenant, Tenant’s agents, employees, invitees and/or guests. Landlord may enter the Storage Unit at any time to remove and dispose of any prohibited items at the Tenant’s expense.

Locks: Tenant agrees to use a lock for the Storage Unit. Tenant agrees to keep the Storage Unit locked when Tenant is not present on the Premises. If Landlord does not specify a type of lock, Tenant shall provide, at Tenant’s sole expense, a lock for the space which tenant deems sufficient to secure the Storage Unit. If Tenant receives a lock as part of a marketing promotion, they are not required to use such lock, although they may do so. Landlord makes no warranties as to the security and effectiveness of such lock. Landlord may, but is not required to, lock Tenant’s Storage Unit if it is found to be unlocked. Tenant may use only one (1) lock per Storage Unit door and Landlord may remove any additional locks. If owner needs to cut or remove a Tenant’s lock for one of the reasons mentioned in this agreement, Tenant will not hold Landlord liable for the replacement of such lock. Locks placed by Landlord on a Storage Unit for any reason will only be removed during the Landlord’s normal office business hours.

Insurance: Tenant is solely responsible for Tenant’s stored property. Tenant understands that Landlord is not responsible for damage to any property stored in the Unit or on the Premises. Tenant understands that Landlord’s insurance does not cover Tenant’s property. 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 the Rental Agreement and is for the benefit of both parties. Failure to carry the required insurance is a breach of this agreement.

Release of Landlord’s Liability for Property Damage: All personal property stored within or upon the Storage Unit by Tenant shall be at Tenant’s sole risk. Landlord, agents and employees shall not be liable to Tenant, and are hereby released from liability, for any loss or damage to Tenant’s personal property stored in the Storage Unit or on the Premises arising from any cause whatsoever including, but not limited to, burglary, mysterious disappearance, fire or water damage, mold, mildew, rodents, insects, Acts of God, or the acts, omissions or negligence of the Landlord, Landlord’s agents or employees. In case of malfunction of equipment, due to the reasons stated above, the Tenant shall notify the Landlord immediately, and Landlord shall repair the building damage with reasonable promptness, or if the premises are deemed by the owner to be damaged so much as to be unfit for use, or if the owner decides not to repair or restore the building, the agreement shall Terminate.

Release of Landlord’s Liability for Bodily Injury: Landlord, Landlord’s agents or employees shall not be liable to Tenant, Tenant’s agents, employees, invitees and/or guests, and are hereby released from liability, for any injury or death to Tenant, Tenant’s agents, employees, invitees and/or guests as a result of Tenant’s use of Storage Unit or the Premises, even if such injury is caused by the acts, omissions or negligence of the Landlord, Landlord’s agents or employees. Indemnification: Tenant agrees to indemnify, hold harmless and defend Landlord and Landlord’s agents and employees from all claims, demands, actions or causes of action (including actual attorney’s fees and costs) that are hereinafter asserted against the Landlord or Landlord’s agents or employees and arising out of Tenant’s use of the Storage Unit and/or the Premises., including claims for Landlord’s negligence, except that Tenant shall not be liable for claims arising out of Landlord’s sole negligence.

Property Left on Premises & Abandonment: Landlord may dispose of any property left in the Storage Unit or on the Premises by Tenant after this Agreement expired or is terminated. Tenant shall be responsible for all costs incurred by Landlord in disposing of such property. This agreement shall automatically terminate if the Tenant’ abandons the Storage Unit. The tenant shall be deemed to have abandoned the Unit if the Tenant has removed the contents of the Unit and/or has removed the locking device from the Storage Unit. Rent prepaid for any period in which the Tenant moves out early shall not be refunded. Abandonment shall allow the Landlord to remove all contents of the Unit for disposal. Tenant herby waives & releases any claims or actions against Landlord for disposal of personal property resulting from Tenant’s abandonment. Tenant’s property is considered abandoned if there is no communication from tenant for a period of 120 days. Relocation: Landlord reserves the right to relocate Tenant, without expense to Tenant, to any other Storage Unit on the Premises which is of a comparable size.

Sublease: Tenant shall not assign this Agreement or sublet the Storage Unit.

Severability: If any provision of this Agreement shall be held to be invalid, this Agreement shall be considered to be amended to exclude any such invalid provision and the balance of the Agreement shall be read independently of the invalid provision and shall remain in full force and effect.

Governing Law: This Agreement shall be subject to and governed by the laws of the Commonwealth of Pennsylvania. Under the Pennsylvania Self-Service Storage Facility Act, Landlord has a lien upon all stored personal property by Tenant at this facility.

Waiver: The failure of the Landlord to enforce any covenant or other provision of this Agreement shall not constitute a waiver of the Landlord’s right to do so thereafter, nor shall it give rise to any cause of action or defense on the part of the Tenant. Furthermore, tenant waives right to a jury-trial.

Survival of Covenants: The payment, indemnity and release of liability provisions hereof shall survive the expiration or termination of this Agreement.

Rules and Regulations: Landlord shall have the right to establish or change the hours of operation for the facility and to issue Rules and Regulations for proper conduct and good order on the

Premises. Tenant agrees to comply with all such Rules and regulations as now in effect, or as amended from time to time by Landlord.