Hwy Storage McAllen2223 N. 23rd StMcAllen, TX 78501956-403-6854
RENTAL AGREEMENT LICENSE:
1. TENANT INFORMATIONTenant Name: Address : Employer's Name:
Social Security Number: Drivers License/State: / Telephone (Home): Telephone (cell): Work Phone: E-Mail: The above address or Tenant’s email address provided will be used for all written notices to Tenant unless Tenant gives written notice of change to Lessor.
2. TENANT INFORMATION
Are you or your spouse in the Military/Reserves at the time of signing this Agreement, Yes or No?
[ check one or both if applicable]
ALTERNATE ACCESSTenant authorizes Lessor, at Lessor’s option, to provide Tenant’s space number(s), access code, account status, or assistance with lock removal to persons listed below.Contact Name: Street Address: City/State/Zip: Phone:
EMERGENCY CONTACT INFORMATIONList name, address, and phone of person(s) who may be contacted in an emergency. (Do not list an individual living with you.)Unless tenant states otherwise in paragraph6, Lessor may at Lessor’s option allow such person(s) or Tenant’s brother, sister, spouse, parent, child over 18 or estate executor to have access to Tenant’s space if such person signs an affidavit that Tenant is deceased, incarcerated, permanently missing or permanently incapacitated. Lessor may discuss Tenant’s account with any such persons at any time.
Tenant agrees to immediately notify Lessor of changes in Tenant’s mailing address, email, phone number, or other information provided by Tenant. Except as provided in paragraph 33, a change of mailing or email address will not be effective unless the new address is COMPLETE and the notice is mailed, faxed, or emailed to Lessor’s address stated herein in WRITING and SIGNED and DATED by Tenant and actually RECEIVED by Lessor. See also paragraph 33.
4. DOLLARS AND DATES. Tenant's security deposit is $. Tenant's right to occupy the space begins on , and continues on a month to month basis, subject to paragraph 9.
Charge for overlocking Tenant's space or chaining/booting property when authorized by paragraphs 24(2) or 32(f)
Monthly Rental Due Day
Charge for sending statutory notice of claim for unpaid sums
Initial late charge if not received by day 05 after due date.
Charge for newspaper ad of sale (to cover time, inconvenience, and ad costs)
Subsequent late charge if rent not received by day 15 after due date
Charge for conducting foreclosure sale at public auction for nonpayment
Returned payment charge (including bank charges, mail costs, time and overhead)
Charge for returned mail (not providing address change)
Charge for having to judicially evict Tenant (to cover time and inconvenience, but does not include attorneys' fees or court costs)
Charge for locking space when unlocked or improperly locked.
Charge per day if Tenant fails to lock after 7-day notice
Charge per hour for removing or cleaning when Tenant litters or fails to clean, remove items, or vacate --- paragraphs 10, 37, and 38(c)
Charge for removing Tenant's lock when authorized by paragraphs 18, 19, 24 and 32
Payments may be by money order, traveler’s check, or certified or cashier’s check. However, Lessor may change permitted mode of payment at any time, upon notice to Tenant. If cash is accepted by Lessor, it is Tenant’s responsibility to obtain and keep a receipt from management for each cash payment. All payments must be delivered or mailed to Lessor’s mailing address in the signature block below. Notices to Lessor must be hand delivered, mailed, faxed, texted or emailed. When giving notice to Lessor, Tenant has the burden of proving delivery to Lessor. EXCEPT AS OTHERWISE PROVIDED BY LAW, NOTICE MAY BE PROVIDED TO TENANT VIA EMAIL OR TEXT IF TENANT ELECTS TO PROVIDE AN EMAIL ADDRESS OR CELL PHONE NUMBER.
6. SPECIAL PROVISIONS. No other agreements exist unless stated below or in an attached addendum and or supplemental rules (which prevail over this printed form).10 day written or emailed notice to vacate required prior to move out. Rent is not pro-rated at time of move out.
7. COPIES AND ATTACHMENTS. Attached to Lessor's copy and Tenant's copy of this Agreement are
Supplemental Rules, dated: ___________
Forms for change of Tenant contact information
Boat addendum (form)
Insurance application (Tenant option)
Spanish copy of lease (informational only)
Other addendum, dated:
Moved-out notice (form)
Tenant Protection Plan
NOTICE TO TENANT AND RELEASERent is due in advance on the due date specified in paragraph 4. Rent paid after the late charge date(s) in paragraph 4 will result in late charges. Tenant will furnish own lock. NO REPRESENTATIONS OF SAFETY OR SECURITY HAVE BEEN MADE TO TENANT BY LESSOR OR LESSOR’S AGENTS. TENANT HEREBY RELEASES LESSOR AND LESSOR’S AGENTS FROM LIABILITY FOR ALL LOSS, DAMAGE OR CAUSE OF ACTION OF ANY NATURE, INCLUDING BODILY INJURY AND DAMAGE TO PROPERTY STORED IN OR TRANSPORTED TO OR FROM TENANT’S SPACE — REGARDLESS WHO OWNS SUCH PROPERTY AND REGARDLESS WHETHER THE LOSS OR DAMAGE IS CAUSED IN WHOLE OR PART 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.
Tenant will self-insure or obtain insurance for all losses and damages as required by paragraph 20.
X Tenant's Initials:
This rental agreement is unenforceable and voidable at Tenant’s option if at the time of execution, Lessor’s facility was not licensed by the Texas Self Storage Association (TSSA) to use the rental agreement. TSSA can verify whether the facility was so licensed on the date of execution if the front page of the rental agreement is faxed to TSSA at (512) 374-9253 or emailed to email@example.com.
8. TERM AND RENEWAL. Lessor agrees to rent to Tenant the storage space described in paragraph 3. The beginning date of Tenant’s right to use the space is shown in paragraph 4. The Rental Agreement automatically continues on a month-to-month basis after the lease term ends until it is terminated in writing by Tenant or Lessor, according to paragraph 9.
9. TERMINATION AND MOVE-OUT NOTICE. Provided that Tenant complies with the minimum length of lease term in paragraph 3, and subject to paragraph 38, Tenant may terminate this Agreement and move out of the space by written notice delivered to Lessor at Lessor’s mailing address or email address (if applicable) at least 10 days before Tenant’s intended termination date. If mailed, such notice must be postmarked at least 10 days before such termination date. Lessor’s mailing address for all payments and mailed notices is shown on page 1. Lessor’s email address, if any, for notices is shown on page 1. Lessor may terminate this Agreement by providing written notice to Tenant 15 days in advance of termination. If the space is substantially damaged due to fire, windstorm, or other casualty in Lessor’s sole judgment, Lessor may terminate this Agreement by emailing, mailing or hand delivering 5 days advance written notice of termination to Tenant. Lessor may terminate this Agreement sooner under paragraphs 24(4) and/or 25. Tenant may not holdover after termination of possession or termination of the lease by Lessor.
10. MOVE-OUT DUTIES. At or before the end of the rental term or renewal period, Tenant must vacate the space completely. Tenant must remove Tenant’s lock and hand deliver, email (if applicable) or mail written notice to Lessor on the day of move-out, stating that Tenant has moved out. Tenant must remove all contents and debris. Tenant must leave space “broom clean” if space has solid floor. Tenant must return all pass cards, pass keys, or other items issued to Tenant or pay Lessor’s standard charges for any non-returns.
11. RENT AND CHARGES. Monthly rent is in paragraph 4(a). Rent must be received by Lessor in advance without demand at Lessor’s mailing address on or before the due date in paragraph 4(b). Rent is delinquent and Tenant is in default if rent is not received by that date. There is no grace period. Initial late charge is shown in paragraph 4(c) and subsequent late charge(s), if any, are shown in paragraph 4(d). Late charges are agreed liquidated damages for Lessor’s time, effort, inconvenience, and overhead in corresponding, telephoning, and record keeping (except for attorneys’ fees and other charges in paragraph 4) regardless of the extent of collection efforts. At Lessor’s option and without notice, Lessor may apply money received to any obligation of Tenant under this Agreement—regardless of Tenant requests or Tenant notations on checks or money orders to apply the money to a specific purpose and regardless of when the obligations arose or the number of spaces covered in the Agreement. If you fail to pay all amounts due within 10 days after we provide you a notice demanding payment and stating that your account may be turned over to a collection agency, you must pay all collection agency fees. If a written notice to Lessee is returned to Lessor due to Tenant’s failure to notify Lessor of a change in Tenant’s mailing address, Lessee will pay the charge in paragraph 4(f). The charge is limited to a one-time charge per each unchanged address. Lessor has no duty to place a lock on Tenant’s space. But if the Tenant’s space is lockable and has no lock on it and Lessor locks it with Lessor’s lock, Tenant will pay for the reasonable cost of the lock and for the locking charge in paragraph 4(g); and Tenant will pay the daily failure-to-lock charge in paragraph 4(h), commencing 7 days after such notice is provided by Lessor to Tenant and continuing until Tenant’s lock is on the space. Such Lessor action does not create a bailment or constitute care, custody, or control.
12. NO INVOICES. Tenant’s obligations are not contingent on receiving invoices. Any invoices from Lessor are sent as a courtesy only.
13. NO SUBLETTING OR ASSIGNMENT. Tenant is not permitted to sublet or assign this Agreement.
14. 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.
15. NO WARRANTIES. No express or implied warranties are given by Lessor. Lessor disclaims and Tenant waives any implied warranties of suitability, merchantability, security, safety, or fitness for a particular purpose. Lessor’s agents and employees have no authority to make warranties or alter this Agreement other than in writing under paragraph 6 (special provisions) or paragraph 30 (rule changes).
Tenant inspected or had the right to inspect the space and the facility before signing this Rental Agreement. Tenant accepts same “AS IS,” including existing access controls, lighting, construction design or quality, and fences/ gates, or lack thereof. Lessor does not promise safety or security of persons or property on the premises, and Lessor has no duty of safety or security of same under any circumstances. Video cameras may be non-operational or unmonitored. Access control devices may be unmonitored and may occasionally malfunction. Tenant is not relying on any oral or written representation, statement, or other assertion or omission made by Lessor or Lessor’s agents relating to the space and facility. Instead, Tenant is relying on Tenant’s own inspection and this written Rental Agreement. If your unit is climate controlled, climate controlled for the purposes of this lease means that Lessor will use reasonable efforts to avoid temperature extremes in a unit by keeping the unit warmer than the outside temperature in cold weather, and cooler than the outside temperature in hot weather, through an HVAC or other system. As with any mechanical system, it is subject to failure or malfunction. The facility makes no representations regarding humidity control or safety of contents stored in the unit.
16. WAIVER. Lessor’s agents and employees do not have authority to waive, amend, or terminate this Agreement or to make promises, representations, or agreements which impose any duties of security or other obligations on Lessor unless done in writing in paragraph 6 regarding special provisions or in any addendum or supplemental rules. Failure of Lessor to enforce any provision of this Agreement shall not be deemed to be a waiver of Lessor’s right to do so at any time in the future.
17. 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. Until paid in full, Lessor may deny Tenant access to the facility and overlock Tenant’s space immediately upon discovery of damages for which tenant is responsible.
18. LESSOR’S RIGHT OF ENTRY. Lessor may enter the space under any of the following circumstances:
19. 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 (if the space is lockable). Lessor may also lock the space (if the space is lockable) but is not required to do so.
20. 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 ANY LOSS, DAMAGE OR CAUSE OF ACTION OF ANY NATURE, INCLUDING BODILY INJURY AND DAMAGE TO PROPERTY STORED IN OR TRANSPORTED TO OR FROM TENANT’S SPACE, REGARDLESS WHO OWNS SUCH PROPERTY AND REGARDLESS WHETHER THE LOSS OR DAMAGE IS CAUSED IN WHOLE OR PART 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—TO THE FULLEST EXTENT ALLOWED 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.
21. RULES. Tenant, Tenant’s employees, agents, family, and guests must comply with rules and policies on paragraphs 32 - 37 and with any other rules posted on a sign in plain view at the time of leasing or provided to Tenant at any time.
22. LIEN. Under Chapter 59 of the Texas Property Code, Lessor has a priority contractual and statutory lien on all property in Tenant’s space to secure payment of all monies due and unpaid by Tenant. Lien enforcement procedures are contained in paragraph 24 and in Texas Property Code Chapter 59.
23. DEFAULT BY TENANT. Tenant will be in “default” if:
24. LESSOR’S REMEDIES. If Tenant is in “default,” Lessor may exercise one or more of the following remedies at any time, without notice:
For motor vehicles, trailers, semitrailers, motorboats, vessels and outboard motors, Lessor may transfer possession of such property and have the property towed to a vehicle storage facility for disposition by the vehicle storage facility, in accordance with Sec. 59.042 et seq, Texas Property Code.
25. REDEMPTION. Tenant may redeem property up until bids are accepted at foreclosure sale if Tenant pays all sums due. If there are multiple rental agreements, Tenant may redeem under one agreement without having to redeem under all. If there are multiple spaces on a single rental agreement, redemption on less than all spaces is allowed only upon Lessor’s written approval. If Lessor provided Tenant a notice of time, date, and place of sale and if Tenant redeems prior to sale, Lessor may, at Lessor’s option, terminate this Agreement at time of redemption by hand delivering to Tenant or Tenant’s redemption agent or providing to Tenant a 3-day written notice to vacate; and if Tenant fails to timely move out, Tenant will pay 125% of the regular rent on a daily prorated basis from the end of the 3-day period until actual move-out date, plus amounts due under paragraphs 4 and 24(4) if eviction suit is filed.
26. 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 (if the space is lockable) 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 (if the space is lockable) by someone other than Lessor or has been removed by Lessor when exercising 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 provide you a notice of abandonment due to casualty.
If the space has been “abandoned” as defined above, Tenant relinquishes all rights to contents in the space; and Lessor may remove any lock, and 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 18 or allowing entry by a health or law officer under paragraph 19, and throwing away property which, in the good faith judgment of Lessor or such officer, is an imminent danger or health hazard under paragraph 18.
27. INDEMNITY AND SUBROGATION. TENANT WILL INDEMNIFY AND HOLD LESSOR HARMLESS FROM ALL CLAIMS, DAMAGES, GOVERNMENT FINES, LAWSUITS, AND LAWSUIT COSTS RELATING TO ANY LOSS, DAMAGE OR CAUSE OF ACTION OF ANY NATURE, INCLUDING BODILY INJURY AND DAMAGE TO PROPERTY STORED IN OR TRANSPORTED TO OR FROM TENANT’S SPACE, REGARDLESS WHO OWNS SUCH PROPERTY AND REGARDLESS WHETHER THE LOSS OR DAMAGE IS CAUSED IN WHOLE OR PART 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; if they do so at Tenant’s request, they are not agents of Lessor and Tenant will hold Lessor harmless from any resulting damages.
Tenant represents that Tenant is the sole owner of all items to be stored pursuant to this lease, or is authorized to bind and does bind all persons or entities currently having, or acquiring in the future, any legal or equitable interest in items stored pursuant to this lease. If Tenant fails to bind any other party having or acquiring legal or equitable ownership of any item stored pursuant to this lease, Tenant agrees to indemnify, defend and hold Lessor harmless from and against such liability to the extent that it would cause Lessor’s total liability in connection with this lease to exceed the limit of liability stated in paragraph 20. The terms of this paragraph shall survive termination of this lease.
28. REFUNDS. Tenant must satisfy paragraph 38 for refunds. Unless a longer period of time is stated in an addendum or in supplemental rules at the time of signing, Tenant is liable for rent for the remainder of the month of move-out or for 10 days after move-out, whichever is longer. Refunds will be mailed to Tenant’s mailing address listed in paragraph 1, or as changed per paragraph 2. Deposits are not advance rentals. Deposits do not bear interest or limit Tenant’s liability for damages or other sums due.
29. TSSA MEMBERSHIP. Lessor represents that Lessor or Lessor’s management company is, at the time of signing this Agreement, a member of the Texas Self Storage Association, Inc. If not, this Agreement is voidable and unenforceable at Tenant’s option; and Lessor will be in violation of the Texas Deceptive Trade Practices Act. Persons violating TSSA’s copyright by reproducing this form without authority will be prosecuted. This Agreement is valid only in Texas.
30. CHANGES IN RULES OR AGREEMENT. Lessor may make changes in the rules (paragraphs 32 through 38) and any supplemental rules, effective immediately, if: (1) the changes do not change dollar amounts or due dates; and (2) the changes have been emailed, mailed, faxed or hand delivered to Tenant or posted onsite on an exterior sign in plain view.
Lessor may change any part of this Agreement, including rental rate, due date, late charge dates, and charges listed in paragraph 4 by hand delivering to Tenant or providing written notice to Tenant via any method of written contact provided by tenant (as updated by Tenant according to paragraphs 2 and 33) at least 30 days prior to the effective date of the changes. If Lessor follows such notice procedure, this Agreement will automatically continue thereafter on a month-to-month basis, until the revised rental agreement is terminated by either party (paragraph 9); and such revised rental agreement, including any rental increases and other changes, will not require Tenant’s signature to become effective.
31. MISCELLANEOUS. NO ORAL PROMISES, REPRESENTATIONS OR AGREEMENTS HAVE BEEN MADE BY LESSOR. This Agreement is the entire agreement. Lessor’s agents have no authority to make promises or amend this Agreement unless in writing. All obligations are to be performed in the county where the facility is located. Rent and late charges are due without notice; all other sums owed are due on oral or written notice or demand. All remedies are cumulative, and the exercise of one remedy is not an election or an exclusion of other remedies.Time is of the essence. Texas law applies. Tenant expressly waives any notice or demand for performance by Lessor and (2) any opportunity to cure by Tenant on any matter. Except in suits filed by Lessor for eviction, rent, lien foreclosure, and/or charges under paragraph 4, mediation before filing any suit is required. Any trial will be to the court only; and all parties waive jury trial. Omission of initials does not invalidate this Agreement. Facsimile and electronic signatures are binding. Invalidity of one part of the Agreement does not invalidate the entirety. Payment of all sums is an independent covenant.
Notice from or to multiple Tenants is notice from or to all Tenants on this Agreement. Except in lawsuits involving personal injuries, the prevailing party shall recover attorneys’ fees and litigation costs from the non- prevailing party. Tenant will reimburse Lessor for all attorneys’ fees and litigation costs incurred by Lessor in (1) defending or responding to third party actions or requests to recover property stored in Tenant’s space or (2) clarifying whether a court order regarding Tenant’s space applies to Lessor. Unpaid sums bear 18% annual interest from due date, compounded annually. This Agreement is subordinate to all facility mortgages and is binding on the parties’ successors. All persons signing this Agreement represent they have authority to legally sign for the party they claim to represent. Notices and documents must be in English or, at Lessor’s option, in any language that Tenant reads or speaks. Notices required by law must be given in a manner allowed by law, but nothing shall prevent Lessor from providing those notices via additional means of communication. Lessor may provide notice to or otherwise contact Tenant relating to Tenant’s lease by any means available, including phone, text, email or other methods. Email, mail, text, fax or other electronic methods shall all be considered written notice for purposes of this lease. Notice shall be deemed to have been provided by mail when deposited in the mail to the Tenant’s last address provided by the Tenant or to an address used by a Tenant in communications with Lessor, or by email, fax, text or other methods when sent to an address or number provided by the Tenant or used by the Tenant in communications with Lessor.
RULES AND POLICIES
32. 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 delinquent after the due date in paragraph 4(b). Late fees will be charged as provided in paragraphs 4(c) and 4(d). (c) Lessor may require or prohibit payment by check, money order, cashiers or traveler’s check, credit card or cash, at any time, as provided in paragraph 5. (d) If cash payments are allowed, Tenant should get a receipt. Returned payment (nsf check or other dishonored payment) charges will be made as provided in paragraph 4(e). (e) All payments by money order or check (including cashier’s checks and traveler’s checks) must contain the Tenant’s storage space number(s). (f) If any sum due by Tenant is delinquent, Lessor may “overlock” Tenant’s storage space (if the space is lockable) and/or Lessor may apply a security chain or wheel boot to Tenant’s property (if the space is not lockable); and Tenant will incur overlock charges and/or chaining charges as shown in paragraph 4(j). 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(j) for each item chained. Section 93.002 of the Texas Property Code regarding commercial lockouts does not apply. (g) If Tenant has multiple locks on the space at time of overlocking, Lessor may remove any lock(s) necessary for overlocking without liability for replacement. If Tenant has a wheel boot attached to the property at the time of Lessor’s chaining and/or wheel booting, Lessor may remove Tenant’s wheel boot without liability for replacement. (h) Lessor’s overlock, chain, or wheel boot will not be removed until all sums due are paid in full. Lessor is not required to accept partial payment(s) from Tenant. Acceptance of partial payment(s) does not waive Lessor’s right to proceed with foreclosure sale based on notice of claim and/or advertising (or posting), absent express written agreement otherwise.
33. CHANGE OF TENANT’S ADDRESS, PHONE NUMBER, EMAIL (a) Lessor must be able to contact Tenant at all times, especially in cases of missing locks, break-ins, fire, emergencies, unpaid rent, etc. (b) Tenant’s mailing address and/or email address on page 1 is the address for all notices and requests to Tenant. Notices and requests from Lessor to Tenant are not required to be sent to the Tenant’s emergency contact person or other person(s) who are named in paragraph 1. Other than the Tenant listed in paragraph 1, no other person shall have right of entry or access, but Lessor at Lessor’s option may allow entry to other person(s) pursuant to paragraph 1. (c) Except as provided in (d) below, Tenant must notify Lessor via mail or email of any change in Tenant’s contact information. The notification must include an express request for Lessor to update Tenant’s specified contact information (for example, mailing address, phone number, or email address). Contact information changes are not effective unless the notice is in WRITING and SIGNED and DATED by Tenant and RECEIVED by Lessor. Address changes on checks or envelopes from you or on mail returned to us, or emails sent from a new address without an express request to update tenant’s email or other contact information, are not sufficient. However, a return envelope provided by us on which you expressly check a pre-printed box to indicate that your address on the return address is a new address, shall suffice for change of address purposes if received by us. Any email sent from an address on file with the facility (listed on the first page of the lease or subsequently provided to Lessor in compliance with this Agreement) will be considered signed. (d) If Lessor provides an online form or similar option for updating Tenant’s contact information, Tenant may update contact information in this manner. (e) Change-of-address forms are available at the office (and a copy may be attached to the Agreement).Change-of-address notice from you by letter or postcard is also acceptable. (f) Tenant must notify Lessor promptly, either orally or in writing, of any change in Tenant’s phone number. (g) Lessor may refuse to rent to or renew a rental agreement with anyone failing to furnish current mailing address, email, phone number, or satisfactory ID.
34. HOURS OF OPERATION AND RULE CHANGES
(a) Hours of facility access may be posted at the entry, along with office hours (if any). The facility may be closed on holidays. (b) Hours may be changed by posting at the facility or by notice to tenant. Rules may be changed as provided in paragraph 30. We may temporarily close all or part of the facility due to casualty, including impending natural disasters such as hurricanes. (c) Special hours of access may be granted for one or more tenants.
35. TENANT RESPONSIBLE FOR LOCKS, INSURANCE & LOSSES (a) If the space is lockable, Tenant’s space must be locked with Tenant’s lock at all times. If Tenant fails to lock Tenant’s space and Lessor locks the space with Lessor’s lock, a “locking” charge is due under paragraph 4(g) or 4(h). Lessor is not required to lock unlocked spaces. (b) If the space is lockable, Tenant’s lock needs to be a heavy-duty, case- hardened steel lock to deter vandalism and break-ins. Only one Tenant lock is allowed on a lockable space. (c) ALL PROPERTY IS STORED AND TRANSPORTED AT TENANT’S SOLE RISK. LESSOR IS NOT LIABLE FOR ANY LOSS, DAMAGE OR CAUSE OF ACTION OF ANY NATURE, INCLUDING BODILY INJURY AND DAMAGE TO PROPERTY STORED IN OR TRANSPORTED TO OR FROM TENANT’S SPACE, REGARDLESS WHO OWNS SUCH PROPERTY AND REGARDLESS WHETHER THE LOSS OR DAMAGE IS CAUSED IN WHOLE OR PART 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. (d) Tenant must maintain fire, casualty, and theft insurance on the contents of Tenant’s space as required by paragraph 20 and any addendum or supplemental rules. Insurance application forms may be available at the facility office, if any. Lessor is not obligated to furnish such forms.
36. STORAGE RULES
(a) Tenant MAY NOT STORE under any circumstances the following:
(b) WITHOUT LESSOR’S PRIOR WRITTEN CONSENT, Tenant MAY NOT STORE any of the following:
(c) WITHOUT LESSOR’S PRIOR WRITTEN CONSENT, Tenant MAY NOT USE the space or any portion of the facility for the following:
(d) WITHOUT LESSOR’S PRIOR WRITTEN CONSENT, Tenant MAY NOT DO any of the following:
(e)LESSOR MAY EXCLUDE, but is not required to exclude, from Tenant’s storage space and the facility:
37. GROUND RULES
(a) Identification of persons on the premises.
(b) Tenant and Tenant’s employees, agents, guests, and families:
(c) Anything subject to licensure (autos, vans, trucks, motorcycles, boats, trailers, 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.
(d) Lessor is not liable for malfunction 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.
38. REFUNDS AND MOVEOUTS
(a) Move-out notice forms are available at the office. Please allow at least 60 days for return of refundable rent and/or deposit. See paragraph 28.
(b) Unless an addendum to the Rental Agreement provides otherwise, conditions for refunding prepaid rent and deposit are as follows:
(c) Tenant will be liable for damages and for cleaning charges under paragraph 4(o) and all disposal costs for Tenant’s failure to remove all contents and debris, stains or fluid/leakage, or failure to “broom clean” the space (if it has a solid floor), and other lease violations.
Signature of Tenant or Tenant's authorized agent (and title if any) </span >Printed name of individual signing
Facility name and address are shown below. Facility name is actually or assumed name of Lessor. Mailing address for all payments and notices to Lessor is the facility address unless a different mailing address is shown below. Lessor's phone number and fax number (if any) and email address (if any) are also shown below.
Driver's license of individual signing: </span > State : </span > Email address: Other ID if no driver's license Vehicle License: state and number:
Hwy Storage McAllen2223 N. 23rd StMcAllen, TX 78501956-403-6854Email Address: HwyMcAllen@rci-development.com
Texas Property Code Chapter 59 governs the Self-Storage Lien process.A copy of the statute can be found at capitol.texas.govA copy may also be accessed from the Texas Self Storage Association website: www.txssa.orgSelf-Service Storage Rental Agreement, Official TSSA Form #1-21 (Rev 09/21)Copyright 2021, Texas Self Storage Association, Inc.
BADER PROGRAM - STORED PROPERTY PARTICIPATION FORM
NEITHER THE STORAGE COMPANY NOR THE LEASING AGENT ARE INSURANCE AGENTS.DIRECT COVERAGE QUESTIONS TO PROPERTY FIRST GROUP LP - Toll-Free Phone: 888-223-3726
LESSEE INFORMATION (Print Clearly) Lessee’s Name(s): Lessee’s Address: Daytime Phone #: Email Address: Effective Date of Lease: Space #: Disk/Cylinder Lock: Yes No
COVERAGE SELECTIONYES, I WANT TO PARTICIPATE IN THE BADER STORED PROPERTY INSURANCE PROGRAM (THE “PROGRAM”) AVAILABLE THROUGH PROPERTY FIRST GROUP LP, a licensed insurance agency, and agree to pay the Monthly Premium when due. I understand and agree that the amount of coverage I have selected below is the maximum amount I may receive for loss to my property and may be subject to a deductible. The deductible amount, if any, will be specified in the Certificate of Property Insurance.
Monthly Premium: $
The Program coverage is underwritten by Pennsylvania Manufacturers’ Association Insurance Company (“PMAIC”), under an insurance policy issued by PMAIC to the owner of the self-storage facility. I authorize the owner to receive the Monthly Premium and to send it to Property First Group on my behalf. I acknowledge that the owner may benefit from my purchase of the coverage by receiving a fee for providing administrative services.COVERAGE PERIOD: My coverage will begin on the later of the following: (i) the effective date of my lease; (ii) after I have properly completed, signed and submitted this Participation Form and made the first Monthly Premium payment; or (iii) if the storage facility is under a wildfire, tropical storm, tornado, or hurricane watch or warning, 12:01 a.m. the day after the warning or watch is lifted. I understand that the Monthly Premium is fully earned and due each month on or before the monthly renewal date. My coverage will continue on a month-to-month basis until (i) I terminate the coverage, (ii) my lease or rental agreement for the storage space terminates, (iii) the owner of the self-storage facility or PMAIC terminates the policy, or (ivi) if I fail to pay the Monthly Premium when due, the date on which my Monthly Premium is overdue by 90 days. Any delinquent premiums will be deducted from loss reimbursements.SCOPE OF COVERAGE: Coverage is not “all risk” and flood coverage is not provided. The coverage provided under the Program is described in the Program brochure provided to me by the facility, and in the Certificate of Property Insurance, and Enrollment Disclosure Summary of Coverage that will be issued to me. I acknowledge I have received and reviewed a copy of the Program brochure. This Participation Form does not describe all of the terms, conditions, exclusions and limitations applicable to my coverage and does not constitute an insurance contract.REINSTATEMENT: If my Monthly Premium is 90 days overdue, my coverage will automatically terminate. By signing below I authorize Property First Group LP to reinstate my coverage under the same terms and conditions without completing a new Participation Form if I meet all of the following conditions: I pay the Monthly Premium(s) due; I am still renting the same space shown on my Participation Form; and there has been no loss or damage to any property during the lapse of my coverage. If there was loss or damage to any property after my coverage terminated for non-payment, coverage will not apply to that loss or damage.CONSENT TO ELECTRONIC DELIVERY: I agree to receive all notices and documents related to this coverage via email at the address above unless I contact the Program Administrator at the number below to revoke this consent. I will promptly notify the storage facility if my email address changes.I have read and completed this Participation Form for coverage for my stored property provided under the storage facility’s insurance policy underwritten by PMAIC. I hereby request that I be enrolled in the Program for the amount of coverage and Monthly Premium shown on this form.
To access a copy of the certificate of property insurance, go to: www.baderco.com/cert <http://www.baderco.com/cert>. Or call 1-888-223-3726
BADER PROGRAM ADMINISTRATOR Property First Group LP. PO Box 22130 | York, PA 17402 Toll Free Number: 888-223-3726 | www.Baderco.com <http://www.Baderco.com/>Agent: Mario Feghali | PA Agency License 588404FRAUD WARNINGS General-Any person who knowingly presents a false or fraudulent claim for payment of a loss or benefit or knowingly presents false information in a participation form or in an application for insurance is guilty of a crime and may be subject to fines and confinement in prison. Not applicable in AL, AR, CO, DC, FL, KS, KY, LA, ME, MD, MN, NJ, NM, NY, OH, OK, OR, PA, RI, TN, VA, VT, WA, and WV.Alabama-Any person who knowingly presents a false or fraudulent claim for payment of a loss or benefit or who knowingly presents false information in an application for insurance is guilty of a crime and may be subject to restitution fines or confinement in prison, or any combination thereof.Arkansas- Any person who knowingly presents a false or fraudulent claim for payment of a loss or benefit or knowingly presents false information in an application for insurance is guilty of a crime and may be subject to fines and confinement in prison.Colorado-It is unlawful to knowingly provide false, incomplete, or misleading facts or information to an insurance company for the purpose of defrauding or attempting to defraud the company. Penalties may include imprisonment, fines, denial of insurance, and civil damages. Any insurance company or agent of an insurance company who knowingly provides false, incomplete, or misleading facts or information to a policyholder or claimant for the purpose of defrauding or attempting to defraud the policyholder or claimant with regard to a settlement or award payable from insurance proceeds shall be reported to the Colorado division of insurance within the department of regulatory agencies.District of Columbia-WARNING: It is a crime to provide false or misleading information to an insurer for the purpose of defrauding the insurer or any other person. Penalties include imprisonment and/or fines. In addition, an insurer may deny insurance benefits if false information materially related to a claim was provided by the applicant.Florida-Any person who knowingly and with intent to injure, defraud or deceive any insurer files a statement of claim or an application containing any false, incomplete or misleading information is guilty of a felony of the third degree.Kansas-Any person who knowingly and with intent to defraud, presents, causes to be presented or prepares with knowledge or belief that it will be presented to or by an insurer, purported insurer, broker or any agent thereof, any written statement as part of, or in support of, an application for the issuance of, or the rating of an insurance policy for personal or commercial insurance, or a claim for payment or other benefit pursuant to an insurance policy for commercial or personal insurance which such person knows to contain materially false information concerning any fact material thereto; or conceals, for the purpose of misleading, information concerning any fact material thereto commits a fraudulent insurance act.Kentucky-Any person who knowingly and with intent to defraud any insurance company or other person files an application for insurance containing any materially false information or conceals, for the purpose of misleading, information concerning any fact material thereto commits a fraudulent insurance act, which is a crime.Louisiana-Any person who knowingly presents a false or fraudulent claim for payment of a loss or benefit or knowingly presents false information in an application for insurance is guilty of a crime and may be subject to fines and confinement in prison.Maine, Tennessee, Virginia, and Washington-It is a crime to knowingly provide false, incomplete or misleading information to an insurance company for the purpose of defrauding the company. Penalties may include imprisonment, fines or a denial of insurance benefits.Maryland-Any person who knowingly or willfully presents a false or fraudulent claim for payment of a loss or benefit or who knowingly or willfully presents false information in an application for insurance is guilty of a crime and may be subject to fines and confinement in prison.Minnesota- A person who files a claim with intent to defraud or helps commit a fraud against an insurer is guilty of a crime.New Jersey-Any person who includes any false or misleading information on an application for an insurance policy is subject to criminal and civil penalties.(a) Insurance producers that market self-storage personal property insurance as defined in N.J.A.C. 11:17-1.2 shall provide potential purchasers with written notice: 1. That the renter's or lessee's homeowner's, renter's or business insurance policy may provide coverage for the loss or damage to property located on the self-storage premises and that the purchase of such insurance is not required under the lease terms between the self-storage facility and the renter or lessee; and 2. That the coverage may be canceled within 30 days and a full refund made to the purchaser upon written notice to the producer who sold the self-storage insurance contract or the insurer.New Mexico-Any person who knowingly presents a false or fraudulent claim for payment of a loss or benefit or knowingly presents false information in an application for insurance is guilty of a crime and may be subject to civil fines and criminal penalties.New York-Any person who knowingly and with intent to defraud any insurance company or other person files an application for insurance or statement of claim containing any materially false information, or conceals for the purpose of misleading, information concerning any fact material thereto, commits a fraudulent insurance act, which is a crime, and shall also be subject to a civil penalty not to exceed five thousand dollars and the stated value of the claim for each such violation.Ohio-Any person who, with intent to defraud or knowing that he is facilitating a fraud against an insurer, submits an application or files a claim containing a false or deceptive statement is guilty of insurance fraud.Oklahoma-WARNING: Any person who knowingly, and with intent to injure, defraud or deceive any insurer, makes any claim for the proceeds of an insurance policy containing any false, incomplete or misleading information is guilty of a felony.Oregon-Any person who knowingly and with intent to defraud or solicit another to defraud the insurer by submitting an application containing a false statement as to any material fact may be violating state law.Pennsylvania-Any person who knowingly and with intent to defraud any insurance company or other person files an application for insurance or statement of claim containing any materially false information or conceals for the purpose of misleading, information concerning any fact material thereto commits a fraudulent insurance act, which is a crime and subjects such person to criminal and civil penalties.Rhode Island-Any person who knowingly presents a false or fraudulent claim for payment of a loss or benefit or knowingly presents false information in an application for insurance is guilty of a crime and may be subject to fines and confinement in prison.Vermont-Any person who knowingly presents a false statement in an application for insurance may be guilty of a criminal offense and subject to penalties under state law.West Virginia-Any person who knowingly presents a false or fraudulent claim for payment of a loss or benefit or knowingly presents false information in an application for insurance is guilty of a crime and may be subject to fines and confinement in prison.
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Document Name: Sign Lease - Hwy Storage McAllen
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