P.O. Box 247 1 Wise Alley
Smithfield, PA 15478
Storage Space Lease Agreement
This Lease Agreement, Made this day of ,2010, between Thomas Wise, D/B/A Smithfield Storage,
hereinafter referred to as LESSOR and , hereinafter referred to as LESSEE.
Description of Space: In consideration of the covenants, conditions and agreements hereinafter contained,
the LESSOR does hereby lease unto the LESSEE the following described storage unit, situate in the LESSOR'S
building located at 48 Main Street, Smithfield, Pennsylvania: Building No. , Unit No. , Size .
Rent: The rent shall be the sum of $ , per month, plus sales tax payable in advance upon the 1st day of
each and every calendar month to LESSOR. Rent shall be paid at P.O. Box 247, Smithfield, Pennsylvania or
at www.smithfieldstorage.com Rent shall be payable as follows: Rent is due and payable on the ____ of every
calendar month, in advance without demand. In the event the rent is not paid within 5 days after the due date, or
in the event of a dishonored bank check from LESSEE to LESSOR, because actual damages for said late
payments and dishonored bank checks are extremely difficult to ascertain, LESSEE agrees to pay $5.00 as
liquidated damages for said late payment and $5.00 as liquidated damages for said dishonored bank check as
additional rent, same may be taken by LESSOR from the security deposit.
Term: The lease shall commence on the date of execution of this agreement and shall automatically be
extended on a month to month basis until either party delivers to the other written notice of its intention to
terminate this lease thirty(30) days prior to the end of the then current rental month.
Deposit: LESSEE shall pay unto the LESSOR, in advance, a damage, cleaning and security deposit of
$______. The deposit without interest will be refunded to the LESSEE within two weeks after termination of this
lease provided that LESSEE has complied with all his obligations hereunder, and subject to such deductions as
are herein authorized. LESSEE agrees to surrender the premises to LESSOR at the end of this lease in a clean,
reasonable and re- rentable condition, normal wear and tear expected, and all cost and expenses incurred be
LESSOR in restoring the premises to the same condition as when leased will be paid by LESSEE as a deduction
from deposit. Any unpaid charges, damages, or rent due to LESSOR shall likewise be deducted from the deposit.
Should the total deductions herein authorized exceed the amount of the damage,
cleaning and security deposit, LESSEE agrees to pay LESSOR the amount of such excess.
Use, Occupancy and Compliance with Law: The premises are to be used only for storage of personal
property and household goods owned by the LESSEE. LESSEE further agrees that the premises will not be used
for operation of any business for human or animal occupancy. Trash or other materials shall not be allowed in or
near the leased premises. The storage of welding or flammable explosive or other inherently dangerous material
is prohibited. LESSEE shall not store in the premises any items which shall be in violation of any order or
requirement impose by any board of Health, Sanitary Department, Police Department, or other legal requirement,
or do any act or cause to be done any act which creates or may create a nuisance in or upon or connected with
Condition, Alterations, Signs and Waste: LESSEE has examined the premises and hereby accepts them
as being in good order, condition and repair. LESSEE agrees to immediately notify LESSOR of any defects,
dilapidation or dangerous conditions. LESSEE agrees to keep the premises in good order and condition and to
pay LESSOR promptly for any repairs of the premises, caused by LESSEE'S negligence or misuse of LESSEE'S
invitees, licensees, and guests. LESSEE shall make no alterations, improvements or post any signs without the
prior written consent of the LESSOR. LESSEE shall not commit nor suffer to be committed, any waste on the
space or premises. Should LESSEE damage or depreciate the premises or make alterations or improvements, or
do painting or redecorating, without the prior written consent of LESSOR , then all costs necessary to restore the
premises to its prior condition shall be borne by LESSEE.
Inspection: LESSEE agrees that, upon request, he will open his space to LESSOR or his agents at reasonable
times to inspect the premises or make repairs.
Termination: This lease may be terminated by LESSOR or LESSEE by the giving of written notice from one to
the other of his intentions to terminate said lease at least 30 days prior to the date of termination. Rent is payable
by LESSEE to LESSOR for said 30 day period, and if LESSEE vacates prior to the end of the said 30 day period,
LESSEE must nevertheless pay rent for the said 30 days as hereinabove provided. As a condition for such
termination, and prior to the return of any deposit, LESSEE shall completely vacate the premises in good and
clean condition, reasonable wear and tear accepted and allow LESSOR to inspect the premises to verify the final
condition of the premises.
Abandonment: Any property which shall remain on the premises after the expiration or termination of this lease
shall be deemed to have been abandoned and either may be retained by the LESSOR as its own property or sold
as provided for herein. If such property of any part hereof shall be sold, LESSOR may receive and retain the
proceeds of such sale and apply the same, as its option against expenses
incurred by LESSOR or pursuant to law.
Assignment or subletting: LESSEE shall not sublet or assign all or any portion of the premises or LESSEE'S
interest therein without the prior written consent of LESSOR.
Attorney's Fees: If legal action shall be brought by the LESSOR, for the breach of any covenant or condition
contained in this agreement, then LESSEE shall pay to LESSOR all costs, expenses and reasonable attorney's
fees incurred by LESSOR in the aforesaid action.
Non - Liability of LESSOR and Insurance Obligations of LESSEE: LESSOR carries NO INSURANCE
in which any way he covers any loss whatsoever that LESSEE may have or claim by renting the storage space or
premises and hence LESSEE must obtain any insurance desired at his expense. Lessor strongly recommends
that LESSEE secure his own insurance to protect himself and his property against all perils.
LESSOR shall not be liable for personal injuries or property damage or loss from theft, vandalism, fire water,
hurricane rain, explosion or any other causes whatsoever, unless the same is due to the negligence of the
LESSOR, his agents, servants, or employees. LESSOR shall not be liable for loss or damage resulting from
failure, interruption or malfunction of the utilities, appliances or fixtures provided to the LESSEE under the terms of
this lease agreement.
LESSOR shall not be liable to LESSEE or LESSEE'S invitees, family, employees, agents or servants for any
personal injuries or damage to personal property caused by any act or negligence of any other person on said
premises other than the LESSOR and the agents, servants and employees or LESSOR. LESSEE hereby agrees
to indemnify and hold harmless the LESSOR from and against any and all claims for attorney's fees arising from
LESSEE'S use of the premises, or from activity, work or things done, permitted or suffered by LESSEE in or about
LESSEE must take whatever steps being necessary to safe guard what is on or in the space. If the LESSEE
desires to keep the space locked, he must provide his own locks and keys and is fully responsible for who has
possession of the keys.
Default, LESSOR'S Remedies and Lien: If any rent or charge shall be due and unpaid, or if LESSEE shall
fail or refuse to perform any of the covenants, conditions or terms of this agreement, LESSEE shall be
conclusively deemed in default on the performance of this agreement.
That, in addition to such liens and remedies provided by law to secure and collect rent and cumulative therewith,
LESSOR is hereby give a lien upon LESSEE'S property, now or at any time performance of this agreement by
LESSEE and to secure the payment of all rent, charges and costs incident to LESSEE default. In case of default
by LESSEE, LESSOR, at its option may (a) terminate this agreement, or (b) re-enter, seize and take possession of
said property for arrears of rent or breach of covenant or by reason of abandonment, without being deemed guilty
of any manner of trespassing or conversion, and without prejudice to any remedies of LESSOR, and at LESSEE'S
expense have same appraised and moved to another storage facility for further storage at the agreed monthly
rental rate. At the time of such re-entry and seizure the LESSOR shall give notice in writing thereof to LESSEE at
the address of LESSEE indicated below or at the address as LESSEE shall hereafter designate in writing to
LESSOR. Such notice shall be by regular mail and shall be deemed received by LESSEE when deposited in the
United States mail, postage prepaid, addressed as described above, and at any time after thirty (30) days from
the date of giving such notice, the LESSOR, at its option, may(a) retain the contents as its own property and
thereby terminate this agreement, or(b) sell said property at public or private sale for payment of amount due
LESSOR and thereby terminate this agreement. The LESSOR is under no obligation to produce any amount of
money more than necessary to pay his lien, including accrued and unpaid rent, charges, appraisal, moving,
storage, and expenses of collection, re-entry and sale. The balance, if any, of such proceeds shall on written
demand of LESSEE, within thirty (30) days, be paid to LESSEE. If not demanded by LESSEE within thirty (30) days
from date of sale, such balance shall be forfeited by LESSEE to LESSOR. Notwithstanding anything to the
contrary herein LESSEE expressly grants the right of disposition, disposal and destruction of any personal
property including, but not limited to, all papers, pictures and documents.
Notwithstanding any re-entry, seizure or taking possession under this agreement by LESSOR, the liability of
LESSEE for the rents and charges provided for herein shall not be relinquished, diminished or extinguished prior
to the termination of this agreement. And it is further understood and agreed that the LESSEE shall be personally
liable for, and the personal property located in LESSEE'S space shall be subject to a lien for, all rents and
charges to the date of termination of this agreement, damages for breach of this agreement, court costs,
attorney's fees, expenses incurred for the removal and /or disposition of personal property and any cost of repair.
In the event of a sale as provided above, it is further understood that the date of such sale shall constitute the
date of termination of this agreement.
Breech of Covenants and Conditions: A breech of any of the covenants or conditions by the LESSEE
shall, at the option of the LESSOR, terminate this lease and the said lease shall become null and void.
Severability Clause: If any part of this agreement for any reason is declared invalid, such decision shall not
effect the validity of any remaining portion, which remaining portion shall remain in force and effect as if this
agreement has been executed with the valid portion thereof eliminated. It is hereby declared the intention of the
parties that they would have executed the remaining portion of this agreement without including any such part,
parts or portions which may, for any reason, be hereafter declared invalid.
Application of State Law: This agreement shall be construed under and in accordance with the laws of the
State of Pennsylvania.
Exclusion of all Warranties: The agents and employees of LESSOR are not authorized to make warranties
about the space and facilities referred to in this agreement. LESSOR'S agents and employees oral statements do
not constitute warranties, shall not be relied upon by the LESSEE, and are not part of this agreement. The 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 and facilities referred to herein.
It is further understood and agreed that the LESSEE has been given an opportunity to inspect, and
has inspected the space leased to LESSEE hereunder, and the LESSEE accepts such leased space
and facility as is and will all faults.
ENTIRE AGREEMENT CLAUSE: This agreement constitutes the sole and only agreement of
the parties hereto and supercedes any prior understandings or written or oral agreements between
the parties respecting the within subject matter. No amendment, or alteration of the terms hereof shall
be binding unless the same be in writing, dated and subsequent to the date hereof and duly executed
by the parties hereto.
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