Northstar Self Storage Rules, Regulations & Service Charges
Northstar Self Storage
P.O. Box 867, Manchester Center, VT 05255
RULES, REGULATIONS & SERVICE CHARGES :
- All monthly rent charges are due on the 1st day of each month. An additional $10.00 late fee will be assessed and the unit may be overlocked if basic charge is not received on or before the 7th day of the month. A late fee of $20.00 per month will be assessed on balances outstanding thirty (30) days or more.
- Move-outs must be reported to LANDLORD at least ten (10) days prior to the move out date, units must be empty and clean of all debris. If not security deposit will be forfeited. On day of move out RENTER must call the office to confirm move out. If this is not done on day of move out you may incur additional charges to your account.
- It is expressly understood, LANDLORD carries no insurance covering the RENTERs goods and assumes no liability for the same. User my purchase third party self storage insurance at their own expense. Owner has no responsibility on any claims. RENTER agrees to abide by all rules and regulations that are posted as in effect, or as may be modified from time to time. (Food, gasoline, residing in unit, loitering, and selling personal property is strictly prohibited)
- A $75.00 lien of goods charge will be assessed if RENTER has not made payment within 36 days of the original delinquency date. Unit will continue to accrue late charges and its contents can be sold at auction in accordance with Vermont law 22 days or more after lien has been applied.
- Non-sufficient funds (NSF) charge of $35.00, cut-lock fee of $35.00, lost over/vacancy lock fee of $25.00, Disposal Fee of $100.00
1.APPLICABLE LAW: This self-storage facility where the Unit is located is subject to and operated in accordance with the Vermont Self-Storage Facility Act, Sec. 2. 9 V.S.A Chapter 98 and any other applicable Vermont law.
2. PREMISES AND RENTAL AGREEMENT: LANDLORD hereby rents to RENTER, and RENTER rents from LANDLORD the Unit identified above – the space within the Unit is hereinafter called the "Premises" located within the self- storage facility named above. The Premises shall be used solely for the purpose of storage pursuant to the terms and conditions of this Agreement, and for no other purpose whatsoever. LANDLORD reserves the right to change the Unit number within the same facility that applies to this agreement provided the new Unit is the same size and rental rate and the LANDLORD assumes the costs for moving the personal property which the LANDLORD shall undertake itself and the RENTER is notified at least 10 days in advance in case the RENTER wants to be present for moving of the personal property.
3. NOTICE REGARDING ALL CLIMATE-CONTROLLED UNITS: Climate-controlled units are heated and cooled depending upon the outside temperature. These spaces do not provide constant internal temperature or humidity control. Landlord does not warrant or guarantee temperature or humidity ranges in the Premises. Please know that the value limit as set forth herein also applies to all climate-controlled units.
4. TERM AND TERMINATION: The term of the Agreement shall commence on the Commencement Date set forth above and shall automatically continue on a month-to-month basis on the same terms and conditions as the previous month, unless and until RENTER has removed his personal property from the Premises and has given written notice thereof to LANDLORD AT LEAST TEN (10) DAYS IN ADVANCE OF VACATING DATE [initial|req|signer1] . LANDLORD may terminate this Agreement with cause, if RENTER breaches any condition of this Agreement including, but not limited to, non-payment of rent, by notifying the RENTER in writing at least ten (10) days in advance of the termination date. LANDLORD may terminate this Agreement without cause by giving RENTER at least thirty (30) days written notice prior to termination date.
5. RENTAL TERMS AND MOVE-IN COSTS: RENTER agrees to pay rent to LANDLORD the sum of $00.00 per month, provided, however, that all rental rates shall be subject to change upon 30 days written notice to RENTER, and at the expiration of such 30-day period, the rental rate shall thereupon be effective as if set forth in this Agreement. All rent is payable in advance. The minimum rental term is one month. If the Agreement begins on or before the 25th of the month the first rent payment due at the time of rental shall be for the prorated balance of the current month remaining plus a performance/security deposit as provided herein. If the Agreement begins after the 25th of the month the first rent payment due at the time of rental shall be for the prorated balance of the current month remaining, plus the next full month's rent plus a performance/security deposit as provided herein. Subsequent monthly rent payments are due on or before the first day of each subsequent month until this Agreement is terminated. Rent payments are not refundable. LANDLORD acknowledges receipt of the sum of as a performance/security deposit. The performance/security deposit paid by RENTER to the LANDLORD shall not be applied as rent, will not accrue interest and the LANDLORD will not segregate the performance/security deposit from other funds. The performance/security deposit is refundable upon RENTER'S removing his personal property from the Premises in a timely fashion at the expiration of the term hereof, leaving the Premises in a neat and orderly condition with ordinary wear and tear expected, and having met all other terms and conditions of this Agreement including removing RENTER'S locking device. RENTER will be responsible for additional rent for as long as RENTER'S locking device is on the Unit. Performance/security deposit will be returned by U. S. Mail within 10 days of termination and satisfaction of the terms herein. If RENTER is late more than 7 days late the LANDLORD reserves the right to apply a $10.00 late fee that will be due and overlock the Unit until payment is received.
6. STATEMENTS, NOTICES AND MANDATORY SERVICE CHARGES: It is expressly understood and agreed that LANDLORD is not required to send out reminders of when rent is due, although LANDLORD does currently send out by email monthly statements or reminders of date that rent is due. Notification by email will only be given when rent is delinquent. A list of mandatory service charges is listed herein. All service charges are due without prior notice as additional rent to delay clerical and administrative expenses incurred by the LANDLORD. Time is of the essence and in the event any rental and/or service charge is due and unpaid, the LANDLORD may terminate this Agreement by reason of default in the payment of rent. LANDLORD requires that all rental payments and any other payment be done by credit card, electronically, or in cash, money order or cashier’s check; no personal checks or business checks will be accepted for payment.
7. NOTICE- LANDLORD'S LIEN AND RIGHTS: As required by title 9 section 3903, this provision provides the requires NOTICE of the Vermont statutory lien. The LANDLORD shall have a possessory lien upon all personal property located within the Premises for rent, labor, or other charges, present or future, in relation to the personal property, and for expenses relevant to its preservation or expenses reasonable incurred in its sale pursuant to Vermont Statutes Chapter 98 entitled Storage Units. The lien attaches as of the date the personal property is brought to or placed in Premises. The LANDLORD may deny RENTER access to the Premises or self-storage facility if they have been in default continuously for a period of twenty-one (21) days. A notice will be sent to the last known address of the RENTER informing them they have been denied access and that the LANDLORD intends to proceed with enforcement of their lien in accordance with the Vermont Self-Storage Facility Act which permits the selling of the personal property within the Premises. For purposes of LANDLORD'S lien: “property" means movable property, not affixed to land, and includes goods, merchandise and household items. The RENTER is required to disclose in writing the existence of any lien on any stored personal property prior to the commencement of storage. "Last known address." means that address provided by the RENTER in the latest rental Agreement or the address provided by the RENTER in a subsequent written notice of change of address. "Default" as used in this Agreement means the failure of the RENTER to perform in a timely manner any obligation or duty set forth in this Agreement.
8. AGREEMENT READ, COPY RECEIVED: RENTER acknowledges that he or she has read, is familiar with, and agrees to (a) all of the terms and conditions of this Agreement, (b) RENTER acknowledges receipt of the rules and regulations of this self- service storage facility, a true and exact copy of this Agreement, and, if applicable, the titled property addendum, because titled property is not to be stored in the Premises or any personal property on which there is a lien without having an addendum signed by the LANDLORD.
9. ACCESS: RENTER shall be entitled to access the Premises and the common areas of the self-service storage facility only during such hours and on such days as are regularly posted within the self- service storage facility.
10. NON-LIABILITY OF LANDLORD FOR DAMAGES; INSURANCE OBLIGATION OF RENTER: This Agreement is made on the express condition that LANDLORD is to be free from all liability and claim for damages by reason of injury or damages of any kind to any person, including RENTER, or personal property of any kind whatsoever and to whomever belonging, including RENTER, from any cause or causes whatsoever while in, upon, or in any way connected with the self- service storage facility during the term of this Agreement or any extension hereof, except injuries caused by an affirmative act of LANDLORD or LANDLORD'S AGENT, and RENTER hereby agrees to hold LANDLORD harmless from any liability, loss, cost (including, without limitation, attorneys fees) or obligation on account or arising out of any such injuries or losses however occurring, and RENTER agrees that LANDLORD'S liabilities for damage occasioned by it or its agent shall be limited to the sum of $1000.00. The LANDLORD does not provide insurance on the stored personal property against loss or damage. The RENTER must provide his own insurance for any personal property stored. Insurance carried by the LANDLORD shall be for the sole benefit of the LANDLORD. The RENTER shall make no claim whatsoever against LANDLORD'S insurance. Therefore, RENTER must secures their own insurance to protect themselves and their personal property against all perils of any nature whatsoever. LANDLORD shall not be liable to any extent whatsoever to RENTER or RENTER'S invitees, family, employees or agents or any personal injury or personal property damage or loss from theft, vandalism, civil disturbances, fire, smoke, water, mold, mildew, rodents, hurricanes, rain, flooding, rising water, tornadoes, explosions, earthquakes, acts of God or any cause whatsoever.
11. RELEASE OF LIABILITY: The RENTER hereby releases the LANDLORD from loss of or damage to RENTERS personal property due to theft, vandalism, power outages, system failures, civil disturbances, fire, smoke, water, mold, mildew, rodents, hurricanes, rain, flooding, rising water, tornadoes, explosions, earthquakes, acts of God or any cause whatsoever. RENTER agrees that personal property stored is at the sole risk of the RENTER.
12. WAIVER: The RENTER agrees to waive RENTER'S right to a jury trial, and RENTER agrees not to bring forth or participate in any class-action lawsuit brought against the LANDLORD. RENTER agrees that any claims about this Agreement except for amounts due LANDLORD for rents and related charges are to be resolved by arbitration as also set forth in the arbitration acknowledgement attached hereto, but the parties agree that the LANDLORD may bring suit for amounts due in small claims court or such other court as LANDLORD might choose.
13. NO BAILMENT IS CREATED HEREUNDER: LANDLORD is not a warehouseman engaged in the business of storing goods for hire, and all personal property stored within the self-service storage facility by RENTER is at RENTER'S sole risk. RENTER acknowledges the LANDLORD does not take care, custody, control, possession or dominion over the personal property stored within the self-service storage facility and does not agree to provide protection for the selfservice storage facility, the Premises or the contents therein. RENTER must take whatever steps he deems necessary to safeguard stored personal property. RENTER assumes full responsibility for who has access to the RENTER'S stored personal property.
14. INDEMNIFICATION AND HOLD HARMLESS: RENTER agrees to indemnify, defend, and hold harmless the LANDLORD from and against any and all claims for damaged or lost personal property or personal injury and costs including attorney's fees arising from RENTERS rental or from any activity, work, or thing done, permitted or suffered by RENTER while within the self-service storage facility.
15. WAIVER: RENTER agrees to waive his rights and the rights of his insurance company for any claim for loss or damages against the LANDLORD.
16. COMPLIANCE WITH LAW: RENTER shall not store any personal property which shall be in violation of any other law or requirement imposed by any Board of Health, Sanitary Department, Police Department or other government or governmental agency or in violation of any other legal requirements, or do any act or cause to be done any act which creates or may create a nuisance and/or hazard.
17. USE AND ALTERATIONS: RENTER shall not make or allow any alterations to the Premises. The Premises shall be used for approved storage purposes only, including, but not limited to the storage of goods, wares, merchandise, furniture and household items owned by RENTER. The RENTER will not use the Premises for any residential purpose. The RENTER agrees to comply with the rules and regulations of the LANDLORD, and further agrees the LANDLORD shall have the continuing right to amend such rules and regulations from time to time as the LANDLORD in his sole discretion shall deem proper, and the RENTER agrees to comply with such amendments within a reasonable time following notification of such amendments.
18. WASTE, QUIET CONDUCT, MAINTENANCE: RENTER shall not commit, or allow to be committed, any waste upon the Premises or in any building or property adjacent to the Premises, nor shall RENTER use the Premises for any business use or purpose in any manner deemed by the LANDLORD to be disreputable or hazardous. The storage of welding, flammable, explosive or other inherently dangerous material is prohibited. RENTER shall take good care of the Premises, whether to the interior or exterior of the Premises, necessitated or occasioned by the act or neglect of RENTER or any agent of RENTER or other person for whose acts RENTER is responsible. RENTER shall not cause or permit any hazardous substance or any highly corrosive, toxic, or pollutant type materials to be stored, used, generated, or disposed of within the self-service storage facility by RENTER, RENTERS AGENTS, EMPLOYEES or INVITEES. If hazardous substances are stored, used, generated, or disposed of within the self-service storage facility, or if the premises become contaminated in any manner for which the RENTER is legally liable, RENTER shall indemnify and hold harmless the LANDLORD from any and all claims, damages, fines, judgments, penalties, costs, liabilities, or losses, and any and all sums paid for settlement of claims, attorney’s fees, consultant and expert fees, arising during or after the term of this agreement and arising as a result of that contamination by RENTER. Without limitation of the foregoing, if RENTER causes or permits the presence of any hazardous substance within the self-service storage facility and the presence of any hazardous substance results in contamination, RENTER shall promptly, at its sole expense, take any and all necessary actions to return the self-service storage facility to the condition existing prior to the presence of such hazardous substance. If the RENTER causes any damages to the Unit or the door to the Unit or its latching devices or any part of the facility, the RENTER shall be liable for all damages caused and the costs to remedy the damages; payment for all damages shall be made just like rental payments. Only individuals listed on the lease agreement are permitted on the property.
19. LOCKING DEVICE: At all times during the occupancy, the RENTER will provide, at RENTER'S own expense, a locking device for the Premises that RENTER, in RENTER'S sole discretion, deems sufficient to secure the stored personal property. If the RENTER uses the locking device that was initially on the Unit that was provided by the LANDLORD, RENTER acknowledges that the locking device was deemed sufficient to secure the stored personal property and does hereby waive any claims against the LANDLORD for the locking device. Although there may be a place on the door of the Premises for a second locking device, RENTER is only permitted to use a single locking device. LANDLORD has the right, as he deems necessary, or at the request of any governmental authority, to remove such locking device by cutting or any other means. In the event any authorized governmental agency or authority should demand access to RENTER'S personal property for any reason, RENTER will be promptly notified, via certified mail. If LANDLORD or any authorized governmental agency removes RENTER'S locking device, the LANDLORD may elect to secure the RENTER'S personal property with LANDLORD'S overlock until the RENTER can inspect the personal property and provide a new locking device to secure the premises. The LANDLORD or any authorized governmental agency shall not be held liable for the replacement of any locking device that is damaged by forced entry. When the RENTER'S locking device is removed by LANDLORD or any authorized governmental agency, and LANDLORD'S overlock remains on the Premises, said action does not constitute Bailment in any manner. This action by LANDLORD is a temporary measure until RENTER can inspect and provide a new locking device to secure the stored personal property.
20. ABANDONMENT OF RENTER'S PERSONAL PROPERTY: Any personal property that remains anywhere at the facility including but not limited to, in or around the RENTER'S Premises, after the expiration or termination of this Agreement shall be deemed to have been abandoned and that the same has no monetary value, and such personal property may be retained by LANDLORD as their property or disposed of in such manner as LANDLORD may see fit. The LANDLORD may also deem, at LANDLORDS sole discretion, the personal property abandoned if the RENTER removes the locking device from the Premises. By contract the RENTER is required to utilize a locking device at all times. If said abandoned property or any part thereof is sold, LANDLORD may receive and retain the proceeds of such sale and apply the same, at its option, against the expense of the sale, the cost of moving and storage, disposal costs of any kind for any of the personal property and any arrears of rent or additional rent payable hereunder and damages to which owner may be entitled. If the owner deems the personal property to have no saleable value; the LANDLORD may dispose of the personal property at RENTER'S expense including all disposal costs and labor to accomplish this which shall be a minimum of $100.00 in order to deter the RENTER from abandoning property.
21. LANDLORD'S RIGHT OF ENTRY: RENTER grants LANDLORD, LANDLORD'S agents or representatives of any authorized governmental authority, including police and fire officials, access to the stored personal property upon (3) days advanced written notice to the RENTER. In the event of an emergency, LANDLORD, LANDLORD'S agents or representatives of any authorized governmental authority, including police and fire officials, shall have the right to enter the premises to take action as necessary or appropriate to protect the self-service storage facility, to comply with applicable law or to enforce the LANDLORD'S rights without advanced notice to RENTER. An emergency, as used in this Agreement shall be defined as any event which jeopardizes the health, safety and/or well-being of the self-service storage facility and/or its customers or any property stored within the self-service storage facility. Following the emergency the LANDLORD shall promptly notify the RENTER that access to the Premises was made so the RENTER can inspect and provide a new locking device, if needed, to secure the stored personal property.
22. ADDITIONAL PROVISIONS REGARDING SALE OF CONTENTS: In the event of default in the payment of rent or other charges specified in this agreement or if LANDLORD determines the stored personal property abandoned by the RENTER, the LANDLORD'S claim of lien shall be enforced in accordance with the Vermont Self-Storage Facility Act. Sec.2.9 V.S.A Chapter 98 or any other applicable Vermont law. Any sale or disposition of a motor vehicle shall be performed pursuant to chapter 21 of Title 23 and any sale or disposition of a vessel, snowmobile, or all-terrain vehicle shall be performed pursuant to chapter 36 of Title 23.
23. NO WARRANTIES: LANDLORD hereby disclaims any implied or express warranties, guarantees or representations of the nature, condition, safety or security of the self-service storage facility and RENTER hereby acknowledges that the RENTER has inspected the Premises and hereby acknowledges and agrees that LANDLORD does not represent or guarantee the safety or security of the self-service storage facility and the Premises located therein or any personal property stored therein.
24. ENTIRE AGREEMENT AND AMENDMENT: This Agreement sets forth the entire agreement of the parties with respect to the subject matter hereof and supersedes all prior agreements or understandings with respect thereto. No representative of LANDLORD is authorized to make any representations or warranties except as expressly set forth herein. The LANDLORD may amend this agreement by providing notice of the amendment or the new revised agreement to the RENTER and if the RENTER does not agree to the terms of the Amendment or new agreement then LANDLORD may terminate this lease for cause as set forth herein.
25. ACCEPTANCE OF PAYMENT OF RENT: The LANDLORD has the right to reject or accept any partial payment of rent. LANDLORD may accept a partial rent payment, while the RENTER is in default, however the RENTER'S status will remain in default from the date the payment in full was due, and any such payment on account will not constitute a waiver of LANDLORD'S rights to proceed with foreclosure and sale of the stored personal property as provided by Law. The LANDLORD reserves the right to require any past due payment be made in cash, cashier's check, or money order.
26. ASSIGNMENT: RENTER shall not assign or sublease the Premises or any portion thereof. Any attempt to assign or sublease shall be void. LANDLORD may assign this agreement at any time.
27. ACCESS CONTROL MEASURES: This self-service storage facility utilizes various access control measures designed to deter unauthorized access to the self-service storage facility. However, RENTER acknowledges these access control measures may be circumvented or may fail and the LANDLORD does not warranty or guarantee the effectiveness of the measures undertaken to prohibit unauthorized access. In addition, the access measures may fail to operate; in the event that an access control measure is not working and restricts RENTER’S access until the problem is remedied, LANDLORD shall not be liable for any damages or claims or set off of any kind asserted by the RENTER.
28. SPACE SIZE: RENTER understands advertised space sizes are approximate and for comparison purposes only. The space rented by RENTER may be smaller or larger than advertised. The space is not rented by the square foot, and rent is not based on square foot measurements.
29. COVENANT OR CONDITION WAIVER: The waiver by either party of any breach of any term, covenant or condition herein contained shall not be deemed to be a waiver of such term, covenant or condition upon any subsequent breach of the same term, covenant or condition. Any subsequent acceptance of performance shall not be deemed to be a waiver of any preceding breach of any term, covenant or condition of this agreement, other than the failure to perform the particular duties subsequently accepted, regardless of knowledge of such preceding breach at the time of acceptance of such performance.
30. BANKRUPTCY AND OTHER LEGAL PROCEEDINGS: In the event the RENTER should file a voluntary petition in bankruptcy or if the RENTER becomes subject to any other type of legal action or proceeding where the right to occupy the Premises is an issue, the RENTER agrees to notify the LANDLORD in writing within three (3) days via certified mail return receipt requested to the address shown in this Agreement. LANDLORD shall have the right to recourse against the RENTER to the fullest extent allowed by law. The filing of bankruptcy does not automatically void this Agreement.
31. ATTORNEY'S FEES, COSTS, AND THIRD PARTY COLLECTIONS: In the event any legal action is instituted, or other legal proceedings are taken to enforce any covenant herein contained or to recover any rent due or to recover possession of the Premises for any default or breach of this Agreement by RENTER, RENTER shall pay LANDLORD'S reasonable attorney’s fees, costs and expenses. In the event of default RENTER agrees that the LANDLORD has the right to provide a third-party collections agency with the RENTER'S contact information to collect rent and/or other charges incurred by the OWNER under this Agreement. The RENTER will also be responsible to pay any associated costs incurred by the LANDLORD with respect to the engagement of such third-party collection agency.
32. SUCCESSORS: All the provisions shall apply to the heirs, executors, representatives, and successors of the RENTER and to all successors and assigns of the LANDLORD. LANDLORD has the right to sell the facility at any time without any notice to the RENTER.
33. NUMBER AND GENDER: Wherever the context of this Agreement appears to require it, the singular number shall include the plural, and vice versa, and the masculine gender shall include the feminine and/or neuter genders, and vice versa.
34. CONSTRUCTION: This Agreement has been reviewed and negotiated and as terms and provisions explained to RENTER. Accordingly, RENTER agrees this Agreement shall not be construed for or against either LANDLORD or RENTER.
35. SEVERABILITY: In the event that any of the provisions or portions thereof of this agreement are held to be unenforceable, invalid, void or illegal, by any court of competent jurisdiction, the validity, legality and enforceability of the remaining provisions or portions hereof shall not be affected or impaired thereby.
36. NOTICES: RENTER agrees to give prompt written notice to LANDLORD of any change in RENTER'S address and any change in the liens and secured interests on RENTER'S stored personal property. Said written notice to the LANDLORD shall be.personally delivered to LANDLORD'S representative at OWNER'S office, b) by mailing the notice by certified mail, return receipt requested, with postage prepaid to the LANDLORD’s mailing address, or c) by mailing the notice first-class mail to the mailing address. If notification option "c" is chosen. then it is RENTER'S duty to confirm receipt of notice with the LANDLORD, and verify that all applicable records have been updated.
37. VALUE LIMIT: RENTER agrees not to store personal property with a total value in excess of $5,000.00 without prior written consent of LANDLORD, which consent may be withheld in LANDLORD'S sole discretion and, if such written consent is not obtained, the total value of RENTER'S personal property shall be deemed not to exceed $5,000.00. RENTER further agrees the maximum liability of LANDLORD to RENTER for any claim or suit by RENTER, including but not limited to any suit that alleges wrongful or improper foreclosure or sale of the contents of a storage space, is $5,000.00. Nothing in this section shall be deemed to create any liability on the part of the LANDLORD to RENTER for any loss or damage to RENTER'S personal property, regardless of cause.
38. EMOTIONAL LOSS: RENTER agrees not to store collectibles, heirlooms, jewelry, works of art or any personal property having special or sentimental value to RENTER. Nothing herein shall constitute any agreement or admission by the LANDLORD that RENTER'S stored personal property has any value. LANDLORD shall not be liable for any loss occasioned by or resulting from emotional distress.
39. SUBORDINATION: RENTER accepts that this agreement is subject to and subordinate to any mortgage, deed of trust or other lien presently existing or hereafter arising upon the Premises and the facility and to any renewals, refinancing and extensions thereof LANDLORD is hereby irrevocably vested with full power and authority to subordinate this agreement to any mortgage, deed of trust, or other lien now existing or hereafter placed upon the Premises and the facility. RENTER agrees upon demand to execute such further instruments subordinating this agreement or attorning to the holder of any such liens as LANDLORD may request. RENTER agrees this RENTER will from time to time upon request by LANDLORD execute and deliver to such persons as LANDLORD shall request a statement in recordable form certifying that this agreement is unmodified and in full force and effect (or if there have been modifications, that the same is in full force and effect as so modified), stating the dates to which rent and other charges payable under this agreement have been paid, stating that LANDLORDS is not in default hereunder (or RENTER alleges a default stating the nature of such alleged default) and further stating such other matters as LANDLORD shall reasonably require.
40. COMPLIANCE WITH LAW: RENTER shall comply with all laws, orders, ordinances, and other public requirements now or hereafter pertaining to RENTER’S use of the Premises.