Montana Secure Storage

  1. TERM, RENT, FEES:  Tenant leases the Storage Unit and/or stall space on a month to month tenancy at the monthly rate established from time to time by the Landlord.  Either Tenant or Landlord may terminate this Lease as of the end of any month by giving the other party 10 days written notice.  Except as otherwise provided in this Lease, however, Landlord may not terminate the Lease before the end of any period for which Tenant has prepaid rent.  The initial monthly rent for the Storage Unit and/or stall space is the amount stated above.  Rent is due in advance on or before the 1st day of each calendar month and is to be remitted to address stated above.  There is a one time non refundable administration fee as stated above.  No rent or fee refunds will be granted.  Landlord may access a reasonable service charge for the return of any dishonored check, in addition to damages authorized by law.  A late charge of $10.00 will be assessed for all payments made more than 15 days after the due date.
  2. USE OF PREMISES & STORAGE RULES: The Storage Unit and/or Storage Stall are for the storage of property only and may not be used for residential purposes, or to house live animals.  The Storage Unit and/or Storage Stall may not be used for any unlawful purposed nor will Tenant keep in Storage Unit and/or Storage Stall any explosives or highly flammable materials, hazardous goods, or substances whose storage of use contravenes the law.  No open flames of any type are allowed in the Storage Unit and/or Storage Stall.  No electric or gas heaters are to be used in the Storage Unit and/or Storage Stall.  No sanding, painting or spray painting in the Storage Unit and/or Storage Stall.  Food may be stored in Storage Unit and/or Storage Stall only if stored in sealed metal or glass containers.  Remove all trash and unwanted items from the Storage Unit and/or Storage Stall.  Tenant agrees to hold Landlord, other Tenants and their parties harmless and indemnify, save and defend such persons from any loss resulting from the violations of this provision.  Tenant grants Landlord permission to enter the rented Storage Unit and/or Storage Stall at anytime for the purpose of removing and imposing of any property kept in violation of this provision.  Tenant may not conduct any business or commercial transactions in or about the Storage Unit and/or Storage Stall.  The incidental storage of goods, merchandise or other property related to an off site business or enterprise is permitted.  Tenant may not make any alterations to the Storage Unit and/or Storage Stall.
  3. TENANT RESPONSIBILITY:  Tenant acknowledges and understands that no bailment is created by this Lease, that Landlord is not engaged in the business of storing goods for hire nor in the warehousing business but is simply a Landlord leasing the Storage Unit and/or Storage Stall in which Tenant can store items of personal property owned by Tenant.  The Storage Unit and/or Storage Stall are under the exclusive control of Tenant.  Landlord does not agree to provide protection for the Storage Unit and/or Storage Stall or the contents there of.  All personal property in the Storage Unit and/or Storage Stall is at the risk of the Tenant.  Tenant must take whatever steps are necessary to safeguard whatever property is stored in the Storage Unit and/or Storage Stall.  Landlord does not have any obligation to carry insurance on Tenant’s property stored in the Storage Unit and/or Storage Stall.  Landlord will not be responsible or otherwise liable for loss to the property of the Tenant due to any cause, whether such loss or damage may be caused by the negligence of Landlord.  Landlord shall not be liable for any injury sustained by Tenant or others from any defects known or subsequently discovered or created in or near the Storage Facility.  Tenant agrees to indemnify and hold Landlord harmless from and against any and all claims damages, costs and expenses, including attorney fees arising from or in connection with Tenants use of the Storage Unit and/or Storage Stall.
  4. CONDITION OF UNIT:  Tenant has examined the Storage Unit and/or Storage Stall and the common areas of the Storage Facility and acknowledges and agrees that the Storage Unit and/or Storage Stall and common area are satisfactory for all purposes.  Tenant will at all times keep the Storage Unit and/or Storage Stall neat, clean and in a sanitary condition and will return it to Landlord in the same condition as when received by Tenant, usual wear and tear excepted.  All repairs to the Storage Unit and/or Storage Stall as a result of Tenants acts or omissions shall be at Tenant’s sole cost and expense.
  5. ACCESS TO UNIT/STALL:  Tenant will allow Landlord free access at all reasonable times to the Storage Unit and/or Storage Stall for the purpose of inspection or making repairs.  
  6. DEFAULT, LIEN AND FORECLOSURE (STORAGE UNITS):  It is expressly agreed by Tenant that the rent and other charges provided for in this Lease shall be a first lien on the personal property kept by Tenant in the Storage Unit, and Tenant grants to Landlord a security interest in such property and its process to help secure such rent and other charges.  Upon Tenant’s failure to pay rent or other charges within 30 days after they are due or upon the failure of Tenant to vacate the Storage Unit promptly upon the expiration of this Lease, Landlord will have and is granted by Tenant a Foreclosure Right as follows. 
  1. Tenant will be denied access to the Storage Facility.  Landlord may break and remove any lock on the door, enter the Storage Unit and inspect the contents, and place a lock belonging to the Landlord on the door until Tenant’s default is cured or such contents are disposed of by Landlord in the manner provided by this Lease, or by applicable law.
  2. Before disposing of the contents, Landlord will mail Tenant a notice of default which shall include an itemized statement of Landlord’s claim showing the amount due and the date when the amounts became due.
  3. If payment in full is not received within 30 days after the date of the notice of default, the contents of the Storage Unit will be sold or otherwise disposed of at the time and place specified in the notice in accordance with the law.  At the time before a sale, however, Tenant may pay the amount necessary to satisfy the lien and redeem the Tenant’s property.
  4. The proceeds of any such sale shall be applied first to the cost of such sale and second to the rents and charges which may then be due from Tenant to Landlord under the terms of this Lease.  Any excess proceed will be applied according to law.
  5. Any contents of the Storage Unit to be disposed of consisting of papers, pictures, documents or like personal property that are not considered by Landlord to have any significant sale value may be disposed of in any reasonable manner including disposal in the County dump.
  6. Tenant agrees to pay all costs and expenses, including attorney’s fees and reasonable service fees, of Landlord in enforcing the terms of this Lease.
  7. Tenant agrees to defend and hold harmless against any claims by any other party having an interest in the personal property kept in the Storage Unit.
  8. Tenant agrees that the maximum liability of Landlord to Tenant for any claim or suit by Tenant which alleges wrongful or improper foreclosure or sale of the contents of a Storage Unit is $250.00 for each Storage Unit. 
  9. DEFAULT, LIEN AND FORECLOSURE (STORAGE STALLS):  It is expressly agreed by Tenant that the rent and other charges provided for in this Lease shall if not paid by the Tenant will become a lien on the personal property kept by Tenant in the Storage Stall, and Tenant grants to Landlord a security interest in such property and its process to help secure such rent and other charges.  Upon Tenant’s failure to pay rent or other charges within 30 days after they are due or upon the failure of Tenant to vacate the Storage Stall promptly upon the expiration of this Lease, Landlord will have and is granted by Tenant a Foreclosure Right as follows.
    1. Tenant will be denied access to the Storage Facility until Tenant’s default is cured or such contents are disposed of by Landlord in the manner provided by this Lease, or by applicable law.
    2. Landlord may enter the vehicle using whatever means reasonably necessary. 
    3. Prior to placing an Agister lien on the vehicle as outlined by state law, Landlord will mail Tenant a notice of default which shall include an itemized statement of Landlord’s claim showing the amount due and the date when the amounts became due.
    4. If payment in full is not received within 30 days after the date of the notice of default, the Landlord will file a request for an Agister lien with the Montana Department of Justice-Motor Vehicles Division.
    5. To enforce the Agister lien, the vehicle may be sold through Sheriff’s Sale to dispose of the vehicle.  
    6. The proceeds of any such sale shall be applied first to the cost of such sale and second to the rents and charges which may then be due from Tenant to Landlord under the terms of this Lease.  Any excess proceed will be applied according to law.
    7. Any contents of the vehicle to be disposed of consisting of papers, pictures, documents or like personal property that are not considered by Landlord to have any significant sale value may be disposed of in any reasonable manner including disposal in the County dump.
    8.  Tenant agrees to pay all costs and expenses, including attorney’s fees and reasonable service fees, of Landlord in enforcing the terms of this Lease.
    9. Tenant agrees to defend and hold harmless against any claims by any other party having an interest in the personal property kept in the Storage Unit.
    10. Tenant agrees that the maximum liability of Landlord to Tenant for any claim or suit by Tenant which alleges wrongful or improper foreclosure or sale of the contents of a Storage Unit is $250.00 for each Storage Unit. 
  10. CHANGE OF ADDRESS:  Report any change of address, phone number etc. to Secure Storage in writing at the address above.  
  11. SUBLETS:  Tenant may not assign this Lease or any part of it and may not let or sublet the whole or any portion of the Storage Unit and/or Storage Stall without prior written consent of Landlord.  
  12. WRITTEN NOTICE:  Any notice required to be given under this Lease must be in writing and addressed to the other party at the appropriate address shown above.  Any such notice will be deemed to have been given at the time it is duly deposited, postage prepaid, in the United States mail system.  
  13. Miscellaneous:  

A.  If any terms of provisions of this Lease or its application to any person or circumstances is, to any extent, invalid or unenforceable, the remainder of this Lease will not be affected.  

B.  In the event of total or partial destruction of the Storage Unit and/or Storage Stall by fire or other casualty, Landlord will have the right to elect either to terminate this Lease as of the date of such event or to repair any damage to the Storage Unit and/or Storage Stall.  

C.  Landlord may at any time assign this Lease in which event Landlord shall no longer be responsible or liable under the terms of this Lease and all the covenants, conditions and obligations of Landlord will be binding on its assignee and its assignee will be entitled to enforce all the provisions of this Lease.  As well as the obligations of Tenant, against Tenant.

D.  The captions of this Lease are for convenience only and in no way effect the constructions of the terms of this Lease.  

E.  This Lease constitutes the entire agreement between Landlord and Tenant.  Any agreement or representation not expressly set forth herein is void.