Storage Rental Agreement

Summary of Key Terms

1. Parties and Nature of Agreement

1. This Agreement is between Borrego Valley Storage, LLC ("Owner") and the Occupant named above.
2. This is a license to use the space for storage of personal property only. It is not a residential tenancy, lease of real property, or bailment. Owner does not take care, custody or control of the Occupant's property.

2. Term

The term is month to month, beginning on the Start Date, and continues until ended by either party with [30] days' written notice.

3. Rent, Fees and Payment

1. Rent is due in advance on the due date each month. No notice or invoice is required.
2. Payment is accepted by the methods listed above.
3. A late fee applies if rent is not received within [X] days of the due date.
4. A fee applies to any returned check or failed ACH/card payment.
5. If rent or fees are unpaid, Owner may deny access to the space and may overlock it until the account is current.
6. The security deposit, if any, is refunded after move-out, less unpaid amounts or damage.

4. Rate Increases

Owner may increase rent at any time on [30] days' written notice delivered to the Occupant's address or email on file. Continued occupancy after the effective date is acceptance of the new rate.

5. Permitted Use and Restrictions

1. The space is for storage only.
2. The Occupant must not live, sleep, or stay in the space.
3. The Occupant must not operate a business from the space or use it as a workshop, store, or office.
4. The Occupant must not store: hazardous or toxic materials, flammable or explosive materials, fuel (except in the stored vehicle's own tank), firearms or ammunition, food or perishables, animals or plants, illegal items, or anything that creates a nuisance or risk to others.
5. The Occupant must keep the space clean, free of leaks, trash and debris.
6. Stored vehicles, RVs and boats must be registered as required by law.

6. Access and Security

1. Access is available during posted hours.
2. The Occupant must follow gate, code and key procedures and must not share them.
3. Owner may enter the space in emergencies, to prevent damage, to enforce this Agreement, or as required by law.

7. Insurance Requirement

1. As a condition of this Agreement, the Occupant must carry insurance covering the stored property and provide proof of coverage at move-in and on request.
2. The Occupant may buy insurance from any provider. Purchasing insurance from Owner is not required.
3. Failure to maintain insurance is a default under this Agreement.

8. Risk of Loss and Limit of Liability

1. Owner does not insure the Occupant's property. The Occupant stores their property at their own risk.
2. Owner is not responsible for loss or damage from theft, fire, water, weather, pests, mold, or any other cause, except as required by law.
3. The Occupant declares that the total value of property stored does not exceed the Maximum Value stated above. Any liability of Owner is limited to that amount.

9. Occupant Responsibility

The Occupant is responsible for any damage or injury caused by the Occupant, their guests, or their stored property.

10. Default for Non-Payment and Owner's Lien

1. Default occurs if rent or fees remain unpaid after the due date.
2. Owner has a lien on all property in the space for rent and other amounts owed, as provided by the California Self-Service Storage Facility Act (California Business and Professions Code sections 21700 et seq.).
3. Owner may deny access, overlock the space, and send lien notices as required by that law.
4. If the default is not cured, Owner may sell the property at public or private sale or auction, or dispose of it as permitted by law, and apply proceeds to amounts owed.
5. The Occupant remains responsible for any remaining balance.

11. Default for Other Breaches

1. A breach of this Agreement other than non-payment (for example, living in the space, prohibited items, illegal activity, or no insurance) is a default.
2. Owner may end this Agreement by written notice as provided here or by state law. The Occupant must remove all property by the date in the notice.
3. If the Occupant does not leave, Owner may seek a court order to remove the property, or, where California law allows, dispose of it after the notice period. Failure to remove property after notice puts it at risk of disposal.

12. Ending the Rental

1. The Occupant must give written notice, remove all property, and leave the space clean and empty.
2. Property left after termination is considered abandoned and may be disposed of as permitted by law.

13. Consent to Calls and Text Messages

1. The Occupant consents to be contacted by Owner and its agents by phone, text message, and email, including automated calls and texts, at the numbers and addresses provided, about the account, payments, access, and this Agreement.
2. Message and data rates may apply.
3. The Occupant may withdraw consent at any time by telling Owner or its representative to stop. Withdrawal does not change any other term.

14. Dispute Resolution

[Counsel to select and confirm one option]

• Option A – Arbitration: Disputes will be resolved by binding individual arbitration instead of court. The Occupant waives the right to bring or join a class action. Either party may bring a qualifying claim in small-claims court.
• Option B – Court: Disputes will be heard in the courts of San Diego County, California.

15. Notices

Notices to Owner must be in writing and sent to Borrego Valley Storage, LLC, P.O. Box 1444, Borrego Springs, CA 92004. Notices to the Occupant are sent to the address or email above. The Occupant must promptly report any change of contact details.

16. General Terms

1. This is the entire agreement and may be changed only in writing, except as stated in Sections 3 and 4.
2. If any term is unenforceable, the rest remains in effect.
3. This Agreement is governed by the laws of the State of California.
4. Waiver of one breach is not a waiver of any other.