1. Operator agrees to rent the above unit to occupant for monthly fee of $_______, subject to periodic increase with 30 day notice to Occupant
2 Applicable Laws; Occupant(s) is/are directed to the “Maine Self Storage Act” (hereinafter “Storage Law”) found at 10 M.R.S. 1371 to 1378. This law governs this transaction and is incorporated by reference. The Operator will provide a copy of same on demand, but Occupant acknowledges they have been directed to same. Should any dispute arise, occupant acknowledges they are familiar with this law and its provisions. ______________ Initials
3 Limitation of value. In the event of a loss to this facility, Occupant acknowledges that the total value of all property stored on site shall not exceed $5000.00. The Occupant agrees that the maximum liability of the Operator to the Occupant for ANY CLAIMS of any kind by the Occupant including but not limited to any suit alleging wrongful or improper foreclosure or sale of the contents of each unit is $5000.00.
4. Use of Unit: The storage unit shall be used solely for storage of personal property belonging to the Occupant. Space is not to be used for conducting any type of business on site, shall not be used for any residential purpose, and the Rental Unit shall not be sublet of assigned. The contents of the Unit shall be deemed the property of occupant ONLY. See Storage Law for more specifics.
5. Insurance: The operator does NOT provide insurance on the contents of your unit. If you wish to insure the contents of your unit, that is your responsibility. This is a commercial business renting space and is NOT a bailer or warehouseman. Occupant assumes full responsibility for all persons who have keys and access to the space.
6. Keys Occupant must provide a lock and key and keep the space locked. Double locking is prohibited. Occupant shall make no claim against the Operator’s insurance in the event of any loss and agrees not to subrogate against the Operator in the event of any kind of damage.
7. IF YOU DO NOT PAY ON TIME Occupant is directed to M.R.S. 1374 (Lien) and 1375 (Enforcement of Lien) Copies attached!!! Occupant acknowledges that they have reviewed these provisions and understand how the foreclosure sections work. _____________ Initials
IF YOU DON’T PAY ON TIME AND AS AGREED, THESE PROVISIONS WILL BE FOLLOWED AND YOU MAY LOSE YOUR PROPERTY, SUBJECT TO PROCEEDS FROM ANY SALE COVERING THE BALANCE OWED.
8. NOTIFICATIONS; If you change your address, email or contact information you MUST let us know immediately. We will send all notices required by law to the address you provide.
9. Other Conditions; Other conditions of the rental Agreement are attached and incorporated by reference
Maine Self-Storage Act of 1989, C62. SS1374. “The operator of a self-storage facility has a lien on all personal property stored within each leased space for rent, labor, or other charges, and for expenses reasonably incurred in its sale, as provided in the Act. 1.Lien created. The operator of a self-service storage facility has a lien on all personal property stored within each leased space for rent, labor or other charges, and for expenses reasonably incurred in its sale, as provided in this Act. The lien attaches as of the date the occupant leases the space. All property stored in the leased space may be sold to satisfy the lien if the occupant is in default. A sale shall be held at the self storage facility or at the nearest suitable location. The lien attaches as of the date the occupant leases the space.”
MRSA 1375 “If Occupant is in default for a period of more than 45 days, the Operator may enforce a lien by selling the property stored in a leased space at a public or private sale for cash. Proceeds must then be applied to satisfy the lien. If the personal property is a motor vehicle, the Operator may have the vehicle towed with no liability to any party.” 1.Sale; use of proceeds. Except as provided in subsection 1-A, if the occupant is in default for a period of more than 45 days, the operator may enforce a lien by selling the property stored in the leased space at a public or private sale for cash. Proceeds must then be applied to satisfy the lien, with any surplus disbursed as provided in subsection 5. The sale must take place at least 15 days after the provision of notice under subsection 2. 1-A.Leased space containing personal information. When the operator has a reasonable belief that the leased space contains personal information relating to clients, customers or others with whom the occupant does business, the operator may not hold a lien sale of the personal information and may destroy the personal information without liability to any person. 1-B.Operator may inspect contents of leased space. After an occupant is in default pursuant to subsection 1, an operator may inspect the contents of a leased space to investigate the presence of personal information without liability to any person. 1-C.Personal property with value less than $750. If the occupant is in default for a period of more than 45 days, the operator may remove the occupant's lock to verify that the personal property in the leased space has a value greater than or equal to $750. If the personal property has a value greater than or equal to $750, the operator may enforce a lien pursuant to subsection 1. If the personal property has a value less than $750, the personal property and leased space may be considered an abandoned leased space and the personal property may be disposed of pursuant to section 1378. 1-D.Motor vehicles. If the personal property in the leased space is a motor vehicle, the operator may have the motor vehicle towed with no liability to any party. 2.Notice. As soon as the occupant is in default and before conducting a sale under subsection 1, the operator shall: A. Send a notice of default by verified mail and by either first-class mail or electronic mail to the occupant at the occupant's last known address or other address set forth by the occupant in the rental agreement that includes: (1) A statement that the contents of the occupant's leased space are subject to the operator's lien. The sale must take place at least 15 days after the provision of notice under subsection 2; (2) A statement of the operator's claim, indicating the charges due on the date of the notice, the amount of any additional charges that become due before the date of sale and the date those additional charges become due; (3) A demand for payment of the charges due within a specified time, not less than 14 days after the date of the notice; (4) A statement that unless the claim is paid within the time stated, the contents of the occupant's space will be sold, specifying the time and place; and (5) The name, street address and telephone number of the operator, or the operator's designated agent, whom the occupant may contact to respond to the notice. 3.Redemption of property. At any time before a sale under this section or before property is disposed of or destroyed under section 1373, subsection 3, paragraph C or under subsection 1-A, whichever occurs first, the occupant may pay the amount necessary to satisfy the lien and redeem the occupant's personal property. 4.Location of sale. A sale under this section shall be held at the self-service storage facility or at the nearest suitable place to where the personal property is stored. 5.Distribution of proceeds. If a sale is held under this section, the operator shall: A. Satisfy the lien from the proceeds of the sale; and B. Hold the balance, if any, for 90 days from the date of sale for delivery on demand to the occupant or any other recorded lienholders. If the balance is not claimed after 90 days, it becomes the property of the operator. 6.Insufficient process. If proceeds of the sale are not sufficient to satisfy the occupant's outstanding obligations to the operator, the occupant remains liable to the operator for such deficiency.