Terms & Conditions

Welcome to Heritage Storage, LLC!! Please review the Terms and Conditions.

This Rental Agreement, (hereinafter called "Agreement"), made and entered into this date as set forth above, by and between the Heritage Storage, LLC (hereinafter called "Lessor") and Lessee identified above, (hereinafter called "Lessee"), whose last known address is set forth above. For the consideration hereinafter stated, the Lessor agrees to let Lessee use and occupy a space as listed above in the self-service storage facility, situated in the city and county listed above in the state of Mississippi, hereinafter referred to as "Space". Said Space is to be occupied and used for the purposes specified herein and subject to the conditions set forth, beginning on the Agreement date listed above and continuing month to month until terminated.

1. RENT: "Space", as used in this agreement, will be that part of the self-service storage facility described above. The Lessee agrees to pay the Lessor for the use of the Space and improvement thereon, the monthly sum listed above as the Monthly Rate. Monthly installments are payable in advance at the office of the self storage facility, on or before the rental due date, OR BY CREDIT CARD OR OTHER FORM OF ELECTRONIC PAYMENT ACCPETED IN WRITING BY LESSOR, and a like amount for each month thereafter, until the termination of this agreement. Lessor acknowledges receipt of the sum set out above showing payment through the date shown above. If any monthly installment is not paid by five (5) days from the due date, or if any check in payment is dishonored, Lessee shall be deemed to be in default. Default can also be the Lessee's failure to perform any terms or conditions of this Agreement or Lessee's breach of the peace. In the event of Lessee's default, Lessor may, without notice, deny the Lessee access to the property located in the self storage facility. Lessor may place a different padlock on the rented premises over which only the Lessor and his agents have control. Lessee agrees and understands that partial payments made to cure a default for non-payment of rent will not delay or stop the foreclosure and sale of Lessee's property. Partial payments do not waive or avoid the legal effect of prior notices given to Lessee. Only full payment on Lessee's account prior to the published auction date will stop the scheduled sale of the property. Customers account must be in good standing to receive any promotions or discounts. Cash can only be accepted during office hours. Do not deposit cash in the afterhours drop box/slot. Lessor is not liable for any cash placed in the drop box/slot. Lessee is encouraged to obtain a rent receipt for cash payments.
2. DENIAL OF ACCESS: If rent is not paid within ten (10) days of the monthly due date, Lessor may without notice deny the Lessee access to the property located in the self storage facility. Access will be denied to any party other than the Lessee unless said party retains gate code and key to lock on Space or has supplied Lessor with written authorization from the Lessee to enter the Space. Lessee's access to the facility may also be conditioned in any manner deemed reasonably necessary by Lessor to maintain order on the premises. Such measures may include, but are not limited to, restricting hours of operation, requiring verification of Lessee's identity and inspecting vehicles that enter the premises. Additionally, if Lessee is renting more than one Space at any given time, default on one rented Space shall constitute default on all rented Spaces, entitling Lessor to deny access to Lessee to all rented Spaces.
3. FEES: Concurrently with the execution of this Agreement, Lessee shall pay to Lessor a nonrefundable NEW ACCOUNT ADMINISTRATION FEE in the amount as set forth above. A bill for the monthly rent will not be sent unless requested. However, Lessee may elect to pay an additional fee as an INVOICE FEE, set forth by Lessor. Lessee acknowledges that late payment of monthly rent will cause Lessor to incur costs not contemplated by this lease, the exact amount of such costs being extremely difficult to fix. Therefore, if any monthly rent is received after five (5) DAYS from the rental due date, Lessee shall pay to Lessor a FIRST LATE FEE for each month rent is past due. Said late charges are due and payable without demand from Lessor. The parties agree that these late charges represent are fair and reasonable estimate of the costs the Lessor will incur by reason of late payment by Lessee. If any check is dishonored for any reason, said late charges shall be due and payable in addition to a return check charge identified above as an NSF FEE. If Lessee's property is processed for sale at public auction, Lessee shall be responsible for a minimum public auction processing fee shown above as AUCTION FEE. If Lessee's lock must be cut, Lessee shall be responsible for LOCK CUT FEE identified above.
4. USE AND COMPLIANCE WITH LAW: (a) The Space named herein is to be used by the Lessee solely for the purpose of storing any personal property belonging to the Lessee. The Lessee agrees not to store any explosives, or any flammable, odorous, noxious, corrosive, hazardous or pollutant materials or any other goods in the Space that would cause danger or nuisance to the Space or facility. Lessee shall not store any improperly packaged food or perishable goods, or other items that may attract rodents, vermin, or other infestation in the Space. The Lessee agrees that the property will not be used for any purposes unlawful or contrary to any ordinance, regulation, fire code or health code and the Lessee agrees not to commit waste, nor to create a nuisance, nor alter, nor affix signs on the Space, and will keep the Space in good condition during the term of the Agreement. The Lessee agrees not to store jewels, furs, heirlooms, art works, collectibles or other irreplaceable items having special or emotional value to the Lessee. Lessee waives any claim for emotional or sentimental attachment to Lessee's property. There shall be NO HABITABLE OCCUPANCY of the Space by humans or pets of any kind for any period whatsoever and violation of these prohibitions shall be grounds for immediate TERMINATION of the Agreement. If hazardous substances are stored, used, generated or disposed of on or in the premises or if the premises become contaminated in any manner for which the Lessee is legally liable, Lessee shall indemnify and hold harmless the Lessor from any and all claims, damages, fees, judgments, penalties, costs, liabilities or losses, and any and all sums paid for settlement of claims, attorneys' fees, consultant and expert fees, arising during or after the lease term and arising as a result of that contamination by Lessee. (b) Lessee agrees not to conduct any business out of Space, and further agrees that the Space is not to be used for any type of work shop, for any type of repairs or for any sales, renovations, decoration, painting, or other contracting in the Space. Use of any utilities on premises is strictly prohibited except by express written agreement and arrangement with Lessor and for an additional Utility charge set forth by Lessor. Unless given written permission by owner, violation of these prohibitions shall be deemed a default and shall be grounds for immediate Termination of this agreement and shall cancel Lessee's right of Occupancy. Lessee agrees to hold Lessor, other Lessees and third parties harmless and indemnify, safe and defend such persons from any loss resulting from the violation of this provision.
5. CONDITION AND ALTERATION OF PREMISES: Lessee assumes responsibility for having examined the premises and hereby accepts it AS IS, being in good order and condition and agrees to pay Lessor promptly for any repairs to the Space resulting from negligence or misuse by the Lessee, Lessee's invitees, licensees and guests. Lessee understands that all unit sizes are approximate and enters into this Agreement without reliance on the estimated size of the Space. Lessee shall make no alterations or improvements to the Space without prior written consent of Lessor. Should Lessee damage or depreciate the Space, or make alterations or improvements without the prior consent of the Lessor, or require the Lessor to incur costs to clean the Space upon termination, then all costs necessary to restore the Space to its prior condition shall be borne by Lessee. Lessor has the right to declare any such costs to repair as "rent" and non-payment of said costs entitles Lessor to deny Lessee access to the Space.
6. LIMITATION OF VALUE: Lessee agrees that in no event shall the total value of all property stored be deemed to exceed $5000.00 unless Lessor has given permission in writing for Lessee to store property exceeding that value. Lessee agrees that the maximum value for any claim or suit by Lessee, including but not limited to any suit which alleges wrongful or improper foreclosure or sale of the contents of a storage unit is the total value referenced above. Nothing in this section shall be deemed to create any liability on the part of Lessor to Lessee for any lost or damage to Lessee's property, regardless of cause.
7. ABANDONMENT: This Agreement shall automatically terminate if Lessee abandons the Space. Lessee shall have abandoned the Space if Lessee has removed the locking device from the Space and IS NOT current in all obligations hereunder, or lock is cut after default and it is determined, in the Lessor's discretion, that the items in the unit have little or no value. Any property left in the Space may be disposed of by the Lessor. Rent paid for month in which Lessee moves out early shall not be refunded. THERE ARE NO RENT REFUNDS.
8. TERMINATION: This agreement shall continue from month to month unless Lessee or Lessor delivers to the other party a five (5) day advanced written notice of its intentions to terminate the Agreement. Upon termination of this Agreement, Lessee shall remove all personal property from the Space and shall deliver possession of the Space to Lessor unless such property is subject to Lessor's lien rights as referenced in this Agreement. If Lessee fails to fully remove its property from the Space within the time required, Lessee shall be a Lessee at sufferance and Lessor, at its option, may, without further notice or demand, either directly or through legal process, reenter the Lessee's unit and remove all property therefrom without being deemed guilty in any manner of trespassing or conversion. No refunds are allowed for partial- month occupancies. Lessee shall be charged a CLEAN UP FEE, identified above, if Lessor is required to remove any debris from either inside or outside the rented Space after Lessee vacates the Space.
9. LESSEE'S RISK OF LOSS: THE OWNER IS NOT A WAREHOUSEMAN ENGAGED IN THE BUSINESS OF STORING GOODS FOR HIRE, AND NO BAILMENT IS CREATED BY THIS AGREEMENT. THE OWNER EXERCISES NEITHER CARE, CUSTODY, NOR CONTROL OVER THE LESSEE'S STORED PROPERTY. All property stored within or on the Space by Lessee or located at the facility by anyone shall be stored at Lessee's sole risk. Lessee must take whatever steps he deems necessary to safeguard what is at the facility or in or on the Space. Lessee shall assume full responsibility for who has the keys and access to the Space. Lessor and Lessor's employees and agents shall not be liable for any loss of or damage to any personal property while at the rented premises arising from any cause whatsoever, including, but not limited to, theft, mysterious disappearance, vandalism, fire, smoke, water, mold, mildew, hurricanes, rain, tornados, explosions, terrorist acts, rodents, insects, Acts of God, the active or passive acts or omissions or negligence of the Lessor, Lessor's agents or employees. IT IS AGREED BY LESSEE THAT THIS RELEASE OF OWNER'S LIABILITY IS A BARGAINED FOR CONDITION OF THE RENT SET FORTH HERE AND THAT WERE OWNER NOT RELEASED FROM LIABILITY, A MUCH HIGHER RENT WOULD HAVE TO BE AGREED UPON. Lessor does not promise safety or security of persons or property on the premises, and Lessor had 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.
10. INSURANCE: Insurance, if Lessee chooses to insure the property in the Space, to be provided through a separate contract at a rate as quoted by a third party and executed in a separate insurance agreement attached and made a part of this Agreement.
11. PERSONAL INJURY: Lessor and Lessor's agents and employees shall not be liable whatsoever to any extent to Lessee or Lessee's invitees, family, employees, agents or servants for any personal injury or death arising from Lessee's use of the storage space or premises from any cause whatsoever including, but not limited to, the active or passive acts or omissions or negligence of the Lessor, Lessor's agents or employees.
12. INDEMNIFICATION OF OWNER: Lessee will indemnify and hold the Lessor harmless from and against any and all manner of claims for damages or lost property or personal injury and costs including attorney's fees arising from Lessee's lease of the Space on the facility or from any activity, work or thing done, permitted or suffered by Lessee in or on the Space or about the facility. In the event that the Space is damaged or destroyed by fire or other casualty, Lessor shall have the right to remove the contents of the Space and store it at the Lessee's sole cost and expense without liability for any loss or damage whatsoever, and Lessee shall indemnify and hold Lessor harmless from and against any loss, cost, or expense of Lessor in connection with such removal and storage. Should any of Lessor's employees perform any services for Lessee at Lessee's request, such employee shall be deemed to be the agent of the Lessee regardless of whether payment for such services is made or not, and Lessee agrees to indemnify and hold Lessor harmless from any liability in connection with or arising from directly or indirectly such services performed by employees of Lessor. Notwithstanding that Lessor shall not be liable for such occurrences, Lessee agrees to notify Lessor immediately upon the occurrence of any injury, damage, or loss suffered by Lessee or other person in any of such circumstances.
13. OWNER'S RIGHT TO ENTER: In cases where Lessor considers it necessary to enter the Space for purposes of examining the Space for violation of this agreement or condition in the Space or making repairs or alterations thereto, or to comply with this agreement, Lessee agrees that Lessor, or Lessor's representative, shall have the right without notice to enter into and upon the Space and Lessor reserves the right to remove contents to another space.
14. OWNER'S LIEN RIGHTSPURSUANT TO SECTION 85-7-123 OF THE MISSISSIPPI CODE: THE OWNER HAS A LIEN, THAT ISA CLAIM OR SECURITY INTEREST, ON ALL PERSONAL PROPERTY STORED IN LESSEE'S SPACE FOR RENT, LABOR, OR OTHER CHARGES, PRESENT OR FUTURE, IN RELATION TO THE PERSONAL PROPERTY AND FOR EXPENSES NECESSARY FOR ITS PRESERVATION OR EXPENSES REASONABLY INCURRED IN ITS SALE OR OTHER DISPOSITION PURSUANT TO LAW. PERSONAL PROPERTY STORED IN THE LESSEE'S SPACE WILL BE SOLD OR OTHERWISE DISPOSED OF TO SATISFY THE LIEN IF LESSEE IS IN DEFAULT. THIS LIEN COVERS ANY PERSONAL PROPERTY WHICH LESSEE STORES IN THE SPACE, EVEN IF IT IS OWNED BY SOMEONE ELSE.
15. SECURITY AGREEMENT: This Agreement shall constitute a security agreement covering the contents (hereinafter referred to as "collateral") of the Space, and a security interest shall attach thereto for the benefit of, and is hereby granted to Lessor by Lessee to secure the payment and performance of Lessee's default hereunder. Lessor, in addition to all other rights and remedies it may have in such event, may exercise any right or remedy wish respect so the Collateral which it may have under the Uniform Commercial Code or otherwise. It is expressly understood that Lessor retains its Lessor's statutory lien. All rights of Lessor hereunder or in law or in equity are cumulative, and an exercise of one or more of such rights shall not constitute a waiver of any other rights. Lessee hereby waives and renounces its right to the benefit of the exemptions provided under state law and as it may be amended.
16. LESSEE'S LIABILITY: In the event of a foreclosure, it is understood and agreed that the liability of Lessee for the rents, charges, costs, and expenses provided for in this Agreement shall not be relinquished, diminished or extinguished prior to payment in full. It is further agreed that Lessee shall be personally liable for all rents, charges, costs and expenses, including those incurred in the sale and/or disposition of the Lessee's property as provided for above. Lessor may use a collection agency thereafter to secure any remaining balance owed by Lessee after the application of sale proceeds if any and Lessee shall be liable for all fees and costs for said collection. If any property remains unsold after foreclosure and sale, owner may dispose of said properly in any manner considered appropriate by Lessor.
17. ASSIGNMENT AND SUBLETTING: Lessee shall not assign this Agreement or sublet the whole or any portion of the Space rented hereunder.
18. WAIVER/ENFORCEABILITY: In the event any part of this Agreement shall be held invalid or unenforceable the remaining part of this Agreement shall be in full force and effect as though any invalid or unenforceable part or parts were not written into this Agreement. No waiver by Lessor of any provisions hereof shall be deemed a waiver of any other provision hereof or of any subsequent default or breach by Lessee of the same or any other provision.
19. ATTORNEY'S FEES: In the event Lessor obtains services of an attorney to recover any sums due under this agreement, for an unlawful detainer, for the breach of any Covenant or conditions of this Agreement, or in defense of any demand, claim, or action brought by Lessee, Lessee agrees to pay to Lessor the reasonable costs, expenses, and attorney's fees incurred in such actions.
20. SUCCESSION: This Agreement is binding upon the parties, their heirs, successors, personal representatives and assigns.
21. GOVERNING LAW: This Agreement and any actions between the parties shall be interpreted by and governed by the laws of the State of Mississippi.
22. WAIVER OF JURY TRIAL: Lessor and Lessee waive their respective rights to trial by jury of any cause of action, claim, counterclaim, or cross complaint brought by either Lessor against Lessee, or Lessee against Lessor on any matter arising out of or in any way connected with this Agreement, Lessee's use or occupancy of the storage space, or any claim of bodily injury or property damage or the enforcement of any remedy under any law, statute, or regulation.
23. LIMITED WARRANTY: This Agreement contains the entire Agreement of the parties and no representation or agreements, oral or otherwise, between the parties not embodied herein shall be of any force or effect. The agents and employees of Lessor are not authorized to make warranties about the space, premises, and facility referred to in this Agreement. Lessor's agents and employees' ORAL STATEMENTS DO NOT CONSTITUTE WARRANTIES, and shall not be relied upon by the Lessee nor shall any of said statements be considered a part of the Agreement. The entire Agreement and understanding of the parties hereto is to be considered a part of the Agreement. This entire Agreement and understanding of the parties hereto is embodied in this writing and NO OTHER WARRANTIES are given beyond those set forth in this Agreement. The parties hereto agree that the IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE and all other warranties, express or implied, ARE EXCLUDED from this transaction and shall not apply to the leased space, premises, and facility referred to herein. It is further understood and agreed that Lessee has been given an opportunity to inspect, and has inspected this space, premises, and facility, and that Lessee accepts such leased space, premises, and facility AS IS and WITH ALL FAULTS.
24. RULES: Lessor shall have the right to establish or change the hours of operation for the Facility and to promulgate Rules and Regulations for the safety, care and cleanliness of the Space or the preservation of good order in the Facility. Lessee agrees to follow all Rules and Regulations now in effect, or that may be put into effect from time to time.
25. Notices from Lessor: All notices from Lessor shall be sent by first class mail postage prepaid to Lessee's last known address or to the electronic mail address provided by the Lessee in this Agreement. Notices shall be deemed given when deposited with the U. S. Postal Service or when sent by electronic mail. All statutory notices shall be sent as required by law. Notices for indebtedness will contain an itemized statement of the amount of the indebtedness and contain a demand for the payment of said rent on or before a day mentioned not less than fifteen (15) days from the delivery of the notice and a statement that unless the rent is paid within the time specified, the property will be advertised and sold a specified place.
26. Notices from Lessee: Lessee represents and warrants that the information Lessee has supplied in this Agreement is true, accurate and correct and Lessee understands that Lessor are relying on Lessee's representations. Lessee agrees to give prompt written notice to Lessor of any change in Lessee's address, any change in the liens and secured interest on Lessee's property in the Space and any removal or addition of property to or out of the Space within ten (10) days of the change. Lessee understands he must personally deliver such notice to Lessor or mail the notice by certified mail, return receipt requested, with postage prepaid to Lessor at the Facility address set forth above or by e-mail only if e-mail is acknowledged by Lessor.
27. CHANGES: All terms of this Agreement, including but without limitation, monthly rental rate, conditions of occupancy and other charges, are subject to change upon thirty (30) days prior written notice to Lessee. If changed, the Lessee may terminate this Agreement on the effective date of the change by giving Lessor ten (10) days prior written notice to terminate after receiving notice of the change, If the Lessee does not give such notice, the change shall become effective and apply to his occupancy.
28. LESSEE'S LOCK: Lessee shall provide at Lessee's own expense one lock for the Space which Lessee, in Lessee's sole discretion, deems sufficient to secure the Space. Space shall be immediately locked upon execution of the agreement. Lessee shall not provide Lessor or Lessor's agents with a key and/or combination to Lessee's lock unless deliveries are to be accepted by Lessor on Lessee's behalf. If lock is not placed on unit or Space is found without a lock, Lessor has the right to place a new lock on the Space to secure the Unit without creating a bailment. If additional locks are on Space, Lessor may remove excess locks at its discretion.
29. MILITARY SERVICE: In order to comply with SERVICE MEMBERS CIVIL RELIEF ACT it is Lessee's obligation to notify the Lessor in writing that Lessee and any Lessee family member storing goods at the Facility are in active military service, in order to determine Lessee's qualifications under this Act. If Lessee's military status or Lessee's family member's military status changes, Lessee is required to notify the Lessor in writing of this change immediately.
30. FINANCIAL INFORMATION: Lessor does not warrant or guarantee that any of Lessee's financial information, including, without limitation, credit card and bank account information, will not be stolen or otherwise compromised. Lessee waives and releases any and all claims or actions against Lessor and its respective agents, employees and affiliates for damages arising from the use of said information by others.
31. CLIMATE CONTROL (As Applicable): The climate controlled spaces are heated or cooled depending on outside temperature. The climate controlled spaces do not provide constant internal temperature or humidity control and Lessor does not guarantee that temperature and humidity will not fluctuate. Lessee releases Lessor and its respective agents, employees and affiliates from all liability for damage to stored property from fluctuations in temperature or humidity from any cause including the negligence of Lessor or its respective agents, employees or affiliates. Lessee understands that there is a risk of the growth of mold and/or mildew on Lessee's stored property, even in a climate controlled Space. Lessor recommends that Lessee periodically inspect the Space and the property, taking any and all actions necessary to protect Lessee's property.
32. PERMISSION TO CALL, FAX, E-MAIL OR TEXT: Lessee recognizes Lessor and Lessee are entering into a business relationship as Lessor and Lessee. As such, to the extent any Federal or State law prohibits Lessor from contacting Lessee by phone, fax, e-mail or text, Lessee hereby consents to Lessor phoning, faxing, e-mailing and texting Lessee with marketing and/or other business related communications.
33. STORAGE OF MOTOR VEHICLES: In the event that any motor vehicle remains stored in the Space after termination of the Agreement or upon Lessee's default, and in addition to all other rights and remedies available to Lessor, Lessor is authorized to cause such vehicle to be removed by a person regularly engaged in the business of towing vehicles, without liability for the costs of removal, transportation or storage or damages caused by such removal, transportation or storage. Lessee acknowledges that he or she has personally been given notice that the vehicle is subject to removal at Lessee’s expense. Lessor shall incur no liability to Lessee for causing the vehicle to be removed pursuant to this paragraph. NOTICE TO LESSEE: DO NOT SIGN THIS AGREEMENT BEFORE YOU READ ALL PAGES (This is a multi-page document), FULLY UNDERSTAND THE CONTENTS CONTAINED HEREIN. KEEP A COPY OF THIS AGREEMENT TO PROTECT YOUR LEGAL RIGHTS. LESSEE HEREBY ACKNOWLEDGES BY SIGNING THIS AGREEMENT THAT HE HAS READ, UNDERSTOOD AND ACCEPTS ALL THE TERMS AND CONDITIONS EXPRESSED IN THIS MULTI-PAGE AGREEMENT.