TERMS AND CONDITIONS
Cape Mini Storage, LLC leases storage space at their self-service storage facility located at 1208 SE 9th Terrace, Cape Coral, Florida.
The term of the lease is month to month or annual, at the choice of the Tenant.
Rent is due and payable each month (for monthly lease) or annually (for annual lease) on the same date as the commencement date of the Lease. Rent is payable in advance without notice or demand, and may be paid by cash, check, money order, credit card or debit card.
At the time that Tenant pays the initial rent payment, Tenant also pays a refundable security deposit of $20. Tenant’s security deposit is returned to Tenant at the termination of the Lease, provided Tenant has fully abided by the terms of the Lease. Lessor may impose a $10 late payment charge any month a rental payment is not received by the tenant’s monthly due date.
Tenant will use the Space only for storage of personal property, and may not use it for:
a) Any purpose which may be unlawful, disreputable, or in violation of governmental laws, ordinances or regulations;
b) For the storage or keeping of any unlawful or illegal article or substance, nor of any article or substance of a dangerous, flammable or explosive character which would be deemed hazardous by any responsible insurance company;
c) Dirty repair work;
d) A rehearsal area for bands or musical groups, or for the playing of any musical instrument;
e) Any residential purpose;
f) Any manner which may constitute a nuisance.
Tenant may not display or erect any lettering, sign or advertisement on or about the Space, and may not install any telephone, or any communication antenna in or about the Space, nor make any addition or improvement to the Space without the prior written consent of the Lessor.
The Lessor provides electric service to the Space for the convenience of the Tenant during times when the Tenant may be moving property into or out of the Space. Such electric service is controlled by a timer within the Space. Tenant may not utilize the electric service in the space any time that the Tenant is not physically on the premises, or take any action that would defeat or impair the operation of the electric timer.
Tenant may secure the Space only with the latch/lock system provided by the Lessor, and may not use any other lock on the door.
Lessor will not be liable for any personal injury to Tenant or to Tenant’s agents, invitees, employees, or to any other person upon Lessor’s property, or for any damage or loss of any property that Tenant may store in the Space, irrespective of how such injury or damage may be caused, whether from action or effect of the elements, or from acts by Lessor, by Tenant, or by others, that may occur upon Lessor’s property. LESSOR IS NOT RESPONSIBLE FOR, AND DOES NOT CARRY ANY INSURANCE ON ANY PROPERTY THAT TENANT MAY STORE IN THE SPACE.
If Tenant should violate any provision of the Lease Agreement or default in any of Tenant’s obligations under the Agreement, then Lessor, at Lessor’s option, may:
a) Deny Tenant access to the Space as provided by Section 83.8055, Florida Statutes, by use of Lessor’s over lock or otherwise. If Tenant should thereafter correct such default, Lessor will normally restore access within 72 hours of Tenant’s cure. Lessor will be under no obligation to restore access sooner, but if Tenant requests that access be restored sooner, and Lessor agrees to do so, then Tenant will pay Lessor a “trip charge” of $25.
b) Enforce Lessor’s lien on the contents of the Space by sale or other disposition of same, in accordance with Section 83.806, Florida Statutes. If Lessor should take any action under that Section, then Tenant will pay Lessor a lien fee of $50 in addition to all other amounts due to Lessor.
c) Take any other action permitted under the laws of the State of Florida.
The failure of Lessor to seek redress for violation of any provision of the Lease will not prevent a subsequent act, which would have originally constituted a violation, from having all the force and effect of an original violation. The receipt of rent by the Lessor with knowledge of a breach or violation of any provision of the Lease will not be deemed a waiver of such breach.
In addition to the rights granted to Lessor by Statute, the Lessor may terminate the Lease by giving the Tenant at least fifteen (15) days notice of the Lessor’s intention to do so, and by repaying the Tenant, on or before the date of termination, any unearned portion of rent which Tenant may have paid in advance on a pro-rate basis. In such event, the Lease will terminate on the date specified in Lessor’s notice, as though that date had been the date herein definitely fixed for the expiration of the Lease term, and the Tenant shall thereupon vacate and surrender the Space, return Lessor’s lock and keys to the Lessor, and the Lessor will be entitled to recover possession of the Space.
Tenant may terminate the Lease at the end of any monthly rental period by giving Lessor notice of Tenant’s intention to do so at least fifteen (15) days prior to the end of that monthly rental period, and by vacating and surrendering the Space, and returning the lock and all keys to the Lessor on or before the date of termination. Tenant will remain responsible and liable for the rent due for the Space until the later of the date specified in Tenant’s Notice, or the date that the lock and all keys are returned to Lessor, and all of Tenant’s property is removed from the Space.
Should Lessor find the Space without the lock on the door provided to Tenant by Lessor, then any of Tenant’s property remaining in the Space may be deemed abandoned by Tenant, and Lessor may remove same and dispose of it in any manner, without liability. Before Lessor disposes of the property, Lessor will make reasonable effort to contact Tenant to confirm that the property is abandoned.
At the termination or expiration of the lease term, Tenant shall vacate the Space and return the Lessor’s lock and two keys to Lessor and remove all property from the Space, together with any accumulation of trash or rubbish. If any property is not so removed, it will be deemed abandoned by Tenant and Lessor may remove same and dispose of it in any manner, without liability. Tenant’s security deposit will be returned to Tenant if Tenant’s account is in good standing, Tenant returns Lessor’s lock and two keys to Lessor, if the Space is left empty, swept and in “broom clean” condition, and Tenant does not leave any discarded items outside of the Space. If these conditions are not met, Tenant’s security deposit will be forfeited. Upon termination of the Lease, Lessor may deny Tenant access to the Space by use of Lessor’s lock, or otherwise. Upon termination of the Lease or when Tenant vacates the Space, any credit amount less than $10.00 remaining on Tenant’s account shall be forfeited.
This Storage Lease Agreement contains the entire understanding between the Lessor and Tenant. There are no warranties, agreements or understandings between the parties other than those set forth in the Agreement.