The Tenant herein agrees to rent from the Landlord the premises known as unit no. _____ (hereinafter called the “unit”) located at the Landlord’s address herein described, on the terms and conditions hereinafter set forth on both sides of this Agreement.
- Term. The Landlord and Tenant agree that the tenancy herein created is on a month to month basis commencing the _____ day of _____________________.
- Use of Storage Space. The unit shall be utilized only for storage of personal property and no business will be conducted thereon without written permission of the Landlord. The Tenant will not use the unit for any unlawful purpose and he will not keep in the unit any animals, exlosives, highly flammable materials, items giving off noxious or offensive odors, refuse, garbage or other objectionable material or anything which may create a nuisance or which may violate any governmental laws or regulations, nor anything which might cause the rate of insurance upon the building to be increased or which might cause or contribute to the cancellation or refusal of insurance coverage or anything which may damage the building. Any use for other than storage purposes must be approved by the Landlord in writing.
- Rent. The Tenant shall pay to the Landlord a monthly rental, in advance, in the amount of $ __________________ on the first day of each and every month during the said tenancy. Provided however, that if this Agreement shall commence on other than the first day 0f the month, the rental shall be pro-rated for the beginning month and thereafter be payable on the first day of each succeeding month.
- Locking Premises. The Tenant shall provide at the Tenant’s expense a lock of sufficient size and strength to adequately secure the unit and the Tenant agrees to keep the unit securely locked during the entire term hereof.
- Inspection by Tenant. The Tenant acknowledges that he has inspected the unit and finds that it is in satisfactory condition.
- Inspection by Landlord. The Tenant agrees that the Landlord or its agent may at any time enter the unit to inspect the same or to make repairs in the event of an emergency, hereinafter defined as an event so deemed in the sole discretion of the Landlord or its agents, the Landlord or its agents may enter the unit using whatever force is necessary.
- Tenant’s Responsibility. All property stored within the unit by the Tenant shall be at the Tenant’s sole risk. It is the Tenant’s responsibility to provide insurance, if desired, to cover loss, theft, fire or other damage.
- Indemnity to Landlord. The Tenant shall indemnify and save harmless the Landlord from any and all liabilities, damages, costs, claims, suits or actions arising out of:
- any breach, violation or non-performance of any covenant, condition or agreement in this Agreement set forth and contained on the part of the Tenant to be fulfilled, kept, observed and performed;
- any damage to property while said property shall be in or about the unit; and
- any injury to any licensee, invitee, agent or employee of the Tenant, including death resulting at any time therefrom, or occurring in or about the demised premises.
And this indemnity shall survive the expiry or sooner determination of this Agreement.
- Alterations to Unit. The Tenant will make no alterations to the unit, nor penetrate or modify or remove any of the walls, ceiling, door or floor, or any equipment, if any, in the unit without prior written approval of the Landlord.
- Security Deposit. The Tenant shall deposit with the Landlord $ ___________ or such other cash security as the Landlord may from time to time require as security for the performance of this Agreement by the Tenant, which will be refunded on notification to the Landlord of the unit being vacated and the Landlord finding the unit in good and clean condition and without default by the Tenant of this Agreement.
General:
- The Landlord and Tenant herein agree that this Agreement and everything herein contained shall ensure to the benefit of and be binding upon the heirs, executors, administrators, successors, assigns and other legal representatives as the case may be,
of the parties hereto.
- The Landlord and Tenant further agree that should any term or condition set out herein be determined by a Court of Competent Jurisdiction to be invalid or void, the remainder of this Rental Agreement shall remain in effect.
- The Landlord and Tenant herein agree that in reference to or construction of this Agreement, time shall be considered to be of the essence.
- The Landlord and Tenant agree that paragraph or section headings are for convenience only, not for legal interpretation of this Agreement.
- Where the rented premises under this Agreement refer to non-enclosed or outside space, “pad” shall be substituted for “unit” and the terms and conditions of this Agreement shall apply, mutatis mutandis, as far as practicable.
- It is the responsibility of the Tenant to give the Landlord written notification of any change of address.
- Sublease an assignment. No subletting of the premises or assignment of this Agreement may be made by the Tenant without the written permission of the Landlord, which said permission may be withheld by the Landlord at its sole discretion.
- Late Charge. Without limiting the rights of the Landlord herein, a $10.00 late charge shall be paid by the Tenant for each occurrence wherein the rental for the unit is not paid when due and payable pursuant to this Agreement.
- NSF Cheque. Without limiting the rights of the Landlord herein, a $15.00 penalty shall be paid by the Tenant for each cheque given to the Landlord which fails to clear in the normal course or which is returned for insufficient funds.
- Rules and Regulations. The Tenant agrees to abide by all the Landlord’s rules and regulations put into effect from time to time and posted on the site or in the office of the Landlord.
- Termination of Tenancy. The Landlord or the Tenant may terminate this Agreement effective at the end of any calendar month by giving written notice to the other at least twenty (20) days prior to such termination date. PROVIDED HOWEVER, upon any default by the Tenant under this Agreement, in addition to any legal rights available to the Landlord at law, the Landlord may, at its option, immediately terminate this Rental Agreement.
- Default. The Landlord and Tenant herein agree that failure by the Tenant to perform any of its obligations as set forth in this Agreement, including the late payment or non-payment of rent, shall constitute a default on the part of the Tenant.
- Landlord’s Lien. The Landlord and Tenant agree that the Landlord shall have a lien against the stored property within the unit for unpaid or non-paid rental and for other damages caused to the Landlord by any default on the part of the Tenant. In the event of the default on the part of the Tenant continuing for a period of thirty (30) days, the Landlord shall, with or without notice to the Tenant, and whether or not the Rental Agreement is terminated, be immediately entitled to:
- enter the unit and remove the contents thereof and take possession of the unit; and
- sell the contents of the unit at a public or private sale and the proceeds of such sale shall be applied first to the expenses of sale, lawyers’ fees, unpaid rental, service charges, costs and damages, and the balance, if any, shall be sent by the Landlord to the Tenant at the Tenant’s address herein.
In carrying out the rights created pursuant to paragraph 17B, the Landlord shall send to the Tenant by mail a written notice of its intention to sell the stored goods, which notice shall be deposited in the mail by the Landlord at least ten (10) days prior to the date of sale. The Tenant warrants and represents that he has the right to create a valid lien in favour of the Landlord as set forth herein upon all of the goods now or hereinafter placed in the unit during the term of this Rental Agreement.
- Solicitor’s Fees and Costs. If in any event, the Landlord is required to obtain the services of a Solicitor to enforce any of the provisions of this Agreement, or to collect any moneys owing hereunder, the Tenant agrees to pay all Solicitor’s fees and legal costs on a Solicitor/Client basis.
- Condition of Unit. Upon expiration or termination of this Agreement, the Tenant shall give up possession of the unit and will leave the unit in a good and clean condition, reasonable wear and tear excepted.
- Disclaimer of Warranties. The Tenant specifically acknowledges and agrees that the Landlord does not make any representation, guarantees, covenants or warranties as to the temperature or humidity maintained or to be maintained in the unit or as to the suitability of the unit for the Tenant’s purposes.
- Interest on Delinquencies. All past due rent and other moneys owing by the Tenant to the Landlord shall bear interest from the due date at the rate of 2% per month until paid in full.
- Relocation. The Landlord and Tenant agree that the Landlord reserved the right herein to relocate the Tenant without expense to the Tenant in any other unit located on the site suitable to the Tenant in any other unit located on the site, suitable to the Tenant’s purposes.
- Multiple Units. In the event that the Tenant from time to time rents more than one unit from the Landlord or changes units located on the site, it is specifically agreed that the terms and conditions of the Agreement shall apply to all units occupied from time to time by the Tenant.
This agreement is executed and effective the _______ day of ________________________.
McGill Mini Storage
_____________________ ______________________
Authorized Agent Tenant’s Signature
PERSONAL GUARANTEE (IN CASE OF CORPORATE TENANT)
I ______________________________ in consideration of the granting of the herein Rental Agreement, hereby guarantee the payment of the rent reserved by the said Rental Agreement and the performance of the obligations assumed and covenants made herein by the Tenant.
______________________
Signature
