Terms & Agreement
This agreement is effective upon the receipt of the confirmation email, between Barclay Self Storage, LLC, by and through its manager, Self Storage Processing Solutions, LLC (“Landlord”) and “Tenant.”
- Premises. The Landlord hereby agrees to lease to Tenant the above-referenced storage unit space and Tenant hereby agrees to lease said space from the Landlord under all the terms and conditions included in this Rental Agreement (“Agreement”) set forth below.
- Term. The term of this agreement shall commence on the date the agreement is executed and shall continue on a month-to-month term. The Tenant shall pay the full amount stated above plus other charges delineated in this Agreement in advance on the 1st of every month. Intent to terminate must be received by 11:59 p.m. on the last day of the current month to avoid additional rent payments. To request cancelation, the Tenant may electronically request to cancel through their online account. An email confirmation must be received by the Tenant to satisfy the notice in writing. Prior to the termination of this agreement, the Tenant shall remove all property from the unit and leave the unit closed and unlocked. Upon the termination of this agreement, the Tenant shall deliver the storage unit in the same condition the unit was received in at the inception of the agreement with the exception of normal wear and tear. If the tenant fails to remove personal property or the unit is found locked, the landlord will resume the rental and collect all rental payments due by EFT.
- Receipt. Receipt is hereby acknowledged by the confirmation email sent to Tenant showing the total amount paid for rent and security deposit.
- Use and purpose. This premises is to be used for the storage of personal property and household goods under $5,000 of value and for lawful purposes only. Tenants are only allowed on the property to drop off and pick up their belongings and extended time beyond the minimum time necessary to move-in or move-out is strictly prohibited. Any tenant found on the property for an extended period will have their rental agreement terminated immediately, without warning. Personal Property left in the unit is subject to a cleaning fee as outlined above. The storage of food, liquids, flammable items (including mattresses & upholstered furniture), explosive, or inherently dangerous materials is prohibited. Tenant is prohibited from storing any items that are a violation of local law, state law, federal law, or in violation of any Board of Health, Sanitary Department, Police or Fire Department, or any other governmental agency. Tenant is responsible for all costs associated with removal of any hazardous materials. Tenant shall not park any vehicle at the Property (or permit any other party to park any vehicle at the Property) except in areas designated by landlord and then only during such periods necessary for the performance of and while Tenant is exercising its rights, duties and obligations hereunder. All vehicles stored on the premises must be legally registered to the tenant and with the state of Michigan. Maintenance may not be performed on the premises. In the event that any motor vehicle remains stored in the self-storage space after termination of the Agreement or upon Tenant’s default, and in addition to all other rights and remedies available to Landlord, Landlord is authorized to cause such vehicle to be removed by a person regularly engaged in the business of towing vehicles, without liability for the costs of removal, transportation or storage or damages caused by such removal, transportation or storage. Tenant acknowledges that he or she has personally been given notice that the vehicle is subject to removal at the Tenant’s expense after termination of the Agreement or upon Tenant’s default. Landlord shall incur no liability to Tenant for causing the vehicle to be removed pursuant to this paragraph. Tenant is aware that we have no onsite office or staff and all inquiries, issues, or questions must be addressed by phone, email or text messaging during normal business hours. Business hours are Monday through Friday, excluding holidays from 9:00a.m. to 5:00p.m. EST and Saturdays 9:00a.m. to 3:00p.m. EST. Storage access hours are 12:00a.m. to 11:59p.m. EST seven days a week. Access to storage units after hours is strictly prohibited.
- Rent. Tenant shall automatically pay Landlord the monthly rent stated above via Electronic Funds Transfer (EFT). The initial rent payment shall be paid on the date of execution of this Agreement. Subsequent payments are due automatically on the first of each calendar month. Landlord will automatically attempt to process payments until the full balance is collected. 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 in advance, due on the first day, 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 the next business day. After expiration of the initial term of the Agreement, the Landlord may change the rent or any other charge or fee by giving Tenant thirty (30) days’ notice via electronic mail or physical mailing to the address listed on this form. Upon signing this Agreement, Tenant agrees to provide credit/debit card information. Tenant shall not assign this agreement or sublet the storage unit.
- Late Payments. Rent received more than five (5) days past the due date will result in a late processing fee of $20.00. Rent received more than five (5) days past due will also result in unit lock-down and a $25.00 lock-down fee will be charged. Once all outstanding fees are paid, Tenant must text or call the Landlord at 231-683-2006 to request gate code reinstatement and retrieve the combination to the overlock, should the unit be overlocked at time of payment. Landlord has 2 business days within which to reinstate access after all outstanding fees are paid. The eviction process begins on or after 20 days past due. An additional $50 eviction fee will be charged when we need to start the eviction process for tenants with past due accounts. Any charge that is returned to the payment card after a tenant disputes a previously settled charge, shall be the Tenant’s immediate responsibility to pay. Tenant agrees to pay the landlord the full sum of rental agreement as well as any late fees, eviction fees as outlined in this agreement. Tenant agrees to pay a $50 chargeback fee to the landlord for each chargeback incurred. Any payment received will be applied to the oldest charges on a tenants account. If a tenant is more than 20 days late on rent payment for two (2) consecutive months, tenants rent is subject to a rate increase for the remainder of the term of this agreement by10% or $15, whichever is greater. If a tenant is more than six days late on rent payment for four (4) consecutive months, the tenant's rent is subject to a rate increase for the remainder of the term of this agreement by 20% or $30, whichever is greater.
- Rules. Landlord reserves the right to adopt rules and regulations regarding the hours of access to and use of the storage space.
- Insurance. Tenant, at Tenant’s expense, shall maintain an insurance policy in adequate amounts to properly insure all property stored in the storage space. Tenant stores property at his or her own risk. Landlord is not responsible for damage, loss, theft, or any other claim for personal property. Tenant, at Tenant's expense, shall maintain an insurance policy for the actual cash value of stored property. 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 and/or employees for loss of or damage to stored property.
- Right to enter. Tenant agrees that the Landlord has the right to enter the storage space or any part thereof by any means including, without limitation, the cutting and removal of Tenant’s lock for the purpose of examining the same for lease violation or condition thereof, or to make improvements, repairs, or alterations thereto. Landlord reserves the right to move Tenant’s property to a different unit.
- Abandonment of Property. Any property which shall remain in the occupant’s unit after the expiration or termination of this Agreement, shall be deemed to have been abandoned, and either may be retained by the Landlord as its own property or sold in accordance with Michigan law. If such property or any part shall be sold, the Landlord may receive and retain the proceeds of such sale and apply the same at its option against the expenses of reentry and sale, the cost of moving and storage, any arrears and additional charges and damages. Tenant agrees to pay all cost involved with disposal of Tenant’s property, or $50.00, whichever is greater.
- Breach. Failure to make required payments results in a breach of this rental agreement. Tenant will be notified via electronic mail of late payment for five days. If the balance is still not paid after five days, a lock will be placed on the storage unit. A late fee of $20.00 will be incurred and a lock-removal fee of $25.00 once the account is made current. If Tenant fails to bring the account current or vacate the premises within fifteen (15) days, a statutory lien on the property will be enforced and Landlord may sell the items within the storage unit at a public sale. In the event that this lease agreement is voided for violation of the rental agreement, Tenant will remove their belongings from the facility immediately. No refunds will be given. Tenant will be responsible for costs incurred to terminate this agreement. NOTICE: Before the sale, Tenant will be notified by first-class mail or by electronic mail of the amount due. The notice will be mailed to Tenant’s last known address. In order to preserve the right to be notified, it is important that Tenant notify us in writing of any change in mailing address. Also, Tenant should supply us with the name and address of another person who can reach Tenant if he/she is not at the mailing address, and we will notify that person at the same time and in the same manner as we notify Tenant. Public sales will be posted on: Bid13.com Pursuant to Michigan law, landlords may deny tenant access to the storage space when rent is more than five (5) 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 space 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, an inventory will be taken of the storage unit’s contents and the storage unit will be sealed with a landlords lock. If a tenant seeks to redeem their unit prior to the conclusion of the lien sale, a $50 auction cancellation fee must be paid.
- Disposal. Landlord may dispose of property not claimed by the owner, not sold at the public sale, and/or left on the premises. Tenant will be charged $250.00 disposal/cleaning/nuisance fee.
- Locks. Tenant understands only a single lock is permitted to secure the unit; If tenant storage unit is observed with multiple locks, the landlord reserves the right to remove additional lock at the Tenant’s expense. Landlord may, but is not required to, lock the Tenant’s unit if found to be unsecured. Landlord will never have a key to any locks given to the Tenant at the initiation of the Lease. Should the tenant need to have the lock removed, requests can be made during normal business hours and will be completed within 5 business days of the request. There is a fee of $100.00 for this service, which must be paid at the time of the request. If the tenant prefers, they may use a licensed and insured locksmith to remove the lock from the tenant's unit. Tenant must schedule the locksmith and notify the landlord of the date, time and locksmith’s contact information. Tenant is responsible for any damages to the latch or door that may be incurred as a result of the locksmith's services. Tenant is responsible for re-securing the unit.
- Lien. Tenant acknowledges that Landlord has a statutory lien upon all personal property, whether or not owned by the Tenant, located in the storage space or on the premises as security for the amount owed on the account.
- Security. Any security devices which Landlord may maintain are for the Landlord's convenience only. Landlord may discontinue the use of any security device in whole or in part at any time without notice to Tenant. Security personnel have the explicit right to approach a tenant at any time while the tenant is onsite for purposes of maintaining order and safety of the facility. Requests for security footage may only be obtained by a police jurisdiction in conjunction with an open or ongoing investigation.
- Tenant Information. It is solely the Tenant’s responsibility to ensure the contact information the landlord has on file is the most up to date information. The landlord will not be responsible for communication, rent or any other information being delayed or not received by the tenant, due to inaccuracies. Contact information can be updated through the tenants online account or by notifying the landlord in writing. Changes to tenant information cannot be done by phone. It is the Tenants responsibility to add a secondary contact to their account. Secondary contacts have the same rights to the unit as a primary account holder. Information will not be released to persons not listed as a contact in this agreement. Landlord will communicate by calling, faxing, e-mailing, texting (including automated calls and texts) and using social media to communicate with Tenant for marketing, collections and other business-related communications. release any information regarding Tenant and Tenant’s occupancy as may be required by law or requested by governmental authorities, law enforcement agencies or courts.
- Military Service. If you or your Spouse is on active military duty status you must provide written notice to the Landlord. The landlord will rely on this information to determine the applicability of the Servicemembers Civil Relief Act. If you are a Service Member, and you are transferred or deployed overseas on active duty for a period of 180 days or more, you may notify the landlord of the transfer or deployment. The Tenant shall provide written evidence of the transfer or deployment with the notice. Upon notice, Tenant is entitled to protections under governing law staying the enforcement of the landlord’s lien.
- Damage to Property. Tenant, Tenant’s agents, employees, invitees and/or guests, shall maintain the facility in good condition, reasonable wear and tear is an exception, and Tenant shall not perform any practices which may damage the unit or the premises or be a nuisance or a menace 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, and other debris at all times. Rubbish shall be removed by Tenant at Tenant’s expense. Landlord is not responsible for removal of property of any nature. Use of the landlord's dumpster is strictly prohibited without prior written permission from the landlord. Damage to the property will incur a $50.00 fee or the cost of the repair/replacement whichever is higher. Landlord agrees to remove snow on an as needed basis from driveways, entrances and common areas as determined by the landlord or it’s contracted vendor. Snow or ice that is located immediately in front of the tenant's storage unit is the responsibility of the tenant. During inclement weather the landlord reserves the right to limit access to the facility with or without notice, for the sake of snow removal.
- 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 employee’s and arising out of Tenant’s use of the Storage space 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. This Agreement shall be subject to and governed by the laws of the State of Michigan.
- E-Signature and Acceptance. Tenant acknowledges, understands, and agrees that its clicking of “Accept” to the terms and conditions on the website serves as Tenant’s electronic signature on this Rental Agreement and Tenant shall be bound by its terms, conditions, rules, and future rules and regulations adopted by the Landlord regarding the use, access, and hours of the Tenant’s storage unit and storage facility grounds. Tenant acknowledges, understands, and agrees that by its use of the storage facility the Tenant shall be bound by its terms, conditions, rules, and future rules and regulations adopted by the Landlord regarding the use, access, and hours of the Tenant’s storage unit and storage facility grounds.
Mailing address: 17034 Robbins Road, Suite 100, Grand Haven, MI 49417