LIENHOLDER INFORMATION: Occupant is required to disclose to the Owner any lienholder with an interest in property that is or may be stored in the self-service storage facility. Occupant represents that he owns or has legal possession of the personal property in his or her Space(s) and that all the personal property in his or her Space(s) is free and clear of all liens and secured interests EXCEPT for the any items disclosed to Operator in writing.

OWNER’S RIGHT TO SELL OCCUPANT’S PROPERTY.  OWNER HAS, BY MASSACHUSETTS LAW, A LIEN ON ALL PERSONAL PROPERTY STORED HEREUNDER FOR RENT, LABOR OR OTHER CHARGES IN RELATIONSHIP TO THE PROPERTY AND FOR EXPENSES NECESSARY FOR THE PRESERVATION OF THE PROPERTY OR REASONABLY INCURRED IN ITS SALE, INCLUDING BUT NOT LIMITED TO ATTORNEY’S FEES.  PROPERTY STORED HEREUNDER MAY BE SOLD TO SATISFY THIS LIEN IF THE OCCUPANT IS IN DEFAULT.

This Rental Agreement is entered into between 920 Storage, LLC d/b/a Boston Seaport Self Storage (“Owner”) and Occupant listed above.  In consideration of all the terms and conditions herein, Owner does hereby lease to Occupant the above-described storage space (the “Space”) located at the self storage facility at the address listed above (the “Facility”) pursuant to the following terms and conditions:

1. TERM: The term of the tenancy shall commence on the date indicated above and shall continue until terminated on a month‑to‑month basis. The minimum rental term is one month. All terms and conditions of this Rental Agreement shall continue so long as Occupant retains possession of the Space.

2. RENT: The rent shall be the amount stated above and made payable to: Boston Seaport Self Storage at the address stated above. Rent is due each month on the FIRST day of the month, in advance and without demand. Owner reserves the right to require that rent and other charges be paid in cash, certified check, cashier’s check or money order.  Owner may change the monthly rent or other charges by giving Occupant thirty (30) days advance written notice. The new rent shall become effective on the next date rent is due. If Occupant has made advance rental payments, the new rent will be charged against such payments, effective upon giving notice of the new rate. Owner, at Owner’s sole discretion, may accept or reject partial rent payments. Acceptance of partial payments of rent by Owner shall not constitute a waiver of Owner’s rights and Occupant understands and agrees that acceptance of a partial rent payment made to cure a default for non‑payment of rent shall not delay or stop foreclosure on Occupant’s stored property.  ALL PAYMENTS MADE TO SATISFY OUTSTANDING LIEN AMOUNTS AND CHARGES SHALL BE PAID BY CERTIFIED CHECK, CASHIER’S CHECK, MONEY ORDER OR CASH.

3.  FEES: Concurrently with the execution of this Rental Agreement, Occupant shall pay a nonrefundable ADMINISTRATION FEE as set forth above.  Occupant acknowledges that late payment of monthly rent will cause Owner to incur costs not contemplated by this Rental Agreement, the exact amount of such costs being extremely difficult to fix. Therefore, if any monthly rent payment is received more than seven (7) days from the rental due date, Occupant shall pay to Owner an additional sum as set forth above as a LOCKOUT FEE for each month the rent is past due (See Access Paragraph 5). If any monthly rent payment is received more than fourteen (14) days from the rental due date, Occupant shall pay to Owner an additional sum as set forth above as a LATE FEE for each month the rent is past due. All late fees being considered liquidated damages. The parties agree that these late fees represent a fair and reasonable estimate of the costs the Owner will incur by reason of late payment by Occupant. Said late fees are due and payable without demand from Owner. Occupant agrees to pay a RETURNED CHECK FEE as set forth above (plus bank charges) for each returned check. Any account thirty (30) or more days delinquent gives Owner the right to charge a LIEN FEE as set forth above. Owner reserves the right to impose additional fees for any unanticipated charges incurred due to the foreclosure of Occupant’s stored property. Owner further reserves the right to charge a LOCK CUT FEE as set forth above should the Owner be required to remove the lock.

4.  LOCKS:  Owner shall have the right to assume that possession of a key and access code is evidence of authority to enter Occupant’s Space. Should Occupant appoint another person or entity to enter the Space, Occupant shall be responsible for the conduct of such person or entity. Occupant agrees to use Owner’s cylinder lock system to secure the unit, which lock is provided to Occupant as a benefit of tenancy.

5.  ACCESS: If rent is not paid within seven (7) days following the monthly due date, Owner may, without notice, deny the Occupant access to Occupant’s property located in the Space. Additionally, if Occupant is renting more than one Space at any given time, default on one rented Space shall constitute default on all rented Spaces, entitling Owner to deny access to Occupant to all rented Spaces. Occupant’s access may be conditioned in any manner deemed necessary by Owner to maintain order and protect the Space and the Facility. Such measures may include, but are not limited to, limiting hours of operation, requiring verification of Occupant’s identity and searching vehicles and contents. Neither Owner nor any of its respective agents, employees or affiliates shall in any event be liable for any damages or injury caused by Occupant’s inability to move between floors or to gain access to, or exit from the Space or the Facility, whether because of mechanical or other electrical failure of the elevators, automatic access doors or electronic entry devices, or for any other reason. Access will be denied to any party other than the Occupant, unless said party retains access code and key to lock on the Space or has supplied Owner with written authorization from the Occupant to enter the Space.

6. USE OF STORAGE SPACE: OCCUPANT AGREES NOT TO STORE ANY EXPLOSIVES, OR ANY FLAMMABLE, ODOROUS, NOXIOUS, CORROSIVE, HAZARDOUS, PERISHABLE OR POLLUTANT MATERIALS OR ANY OTHER GOODS IN THE SPACE OR ELSEWHERE IN THE FACILITY WHICH WOULD CAUSE DANGER OR NUISANCE TO THE SPACE OR ANY OTHER PORTION OF THE FACILITY.  Occupant agrees that the Space and the Facility will not be used for any unlawful purposes or contrary to any law, ordinance, regulation, fire code or health code and the Occupant agrees not to commit waste, nor to create a nuisance, nor alter, nor affix signs on the Space or anywhere in the Facility, and will keep the Space and the Facility in good condition during the term of this Rental Agreement. Occupant agrees to use the Space only for the storage of property wholly owned by Occupant. Occupant shall not store antiques, artworks, heirlooms, collectibles or any property having special or sentimental value to Occupant. Occupant waives any claim for emotional or sentimental attachment to Occupant’s property. IT IS UNLAWFUL TO USE A STORAGE SPACE IN THIS FACILITY AS A RESIDENCE.  Occupant agrees not to conduct any business out of the Space and further agrees that the Space is not to be used for any type of workshop, for any type of repairs, or for any sales, renovations, decoration, painting, or other contracting.

7. HAZARDOUS OR TOXIC MATERIALS PROHIBITED: Occupant is strictly prohibited from storing or using materials in the Space or in the Facility classified as hazardous or toxic under any local, state or federal law or regulation, and from engaging in any activity which produces such materials. Occupant’s obligation of indemnity as set forth below specifically includes any costs, expenses, fines or penalties imposed against the Owner or any of its respective  agents, employees or affiliates, arising out of the storage or use of any hazardous or toxic material by Occupant, Occupant’s agents, employees, invitees or guests. Owner may enter the Space at any time to remove and dispose of prohibited items.

8. LIMITATION OF VALUE: Occupant agrees not to store property with a total value in excess of $5,000 without the written permission of the Owner and Occupant has provided proof of insurance to Owner to cover the value of the stored property. If such written permission is not obtained, the value of Occupant’s property shall be deemed not to exceed $5,000.  Nothing herein shall constitute any agreement or admission by Owner that Occupant’s stored property has any value, nor shall anything alter the release of Owner’s liability set forth below.

9. OWNER’S RIGHT TO ENTER: Occupant grants Owner and its respective employees or agents, and representatives of any governmental authority, including police and fire officials, access to the Space upon two (2) days advance written notice to Occupant. In the event of an emergency, Owner or its respective agents, employees, and representatives of governmental authority shall have the right to enter the Space without notice to Occupant, and take such action as may be necessary or appropriate to protect the Facility, to comply with applicable law or enforce Owner’s rights. In the event Occupant’s lock is destroyed in the course of such inspection, Owner shall provide and Occupant agrees to accept as Occupant’s sole remedy therefore, a replacement lock of similar kind and quality.  Neither Owner nor any of its respective agents, employees or affiliates shall be responsible for any loss occasioned by Occupant as a result of entry authorized under this Section.

10. RELEASE OF LIABILITY FOR PROPERTY DAMAGE: AS FURTHER CONSIDERATION FOR THE USE AND OCCUPANCY OF THE SPACE, OCCUPANT FOR ITSELF, ITS AGENTS, EXECUTORS, ADMINISTATORS AND ASSIGNS DOES HEREBY AGREE THAT OWNER, ITS AGENTS, EMPLOYEES AND ASSIGNS SHALL NOT BE LIABLE TO OCCUPANT, ITS AGENTS, ADMINISTRATORS, EXECUTORS AND ASSIGNS, GUESTS, LICENSEES, OR INVITEES, FOR ANY LOSS OR DAMAGE CAUSED TO THEM AS A RESULT OF THE USE AND OCCUPANCY OF THE SPACE AND PREMISES TO THE EXTENT PERMITTED BY LAW.  IT IS FURTHER AGREED THAT NO BAILMENT IS CREATED BY THIS AGREEMENT.  OWNER IS NOT A WAREHOUSEMAN ENGAGED IN THE BUSINESS OF STORING GOODS FOR HIRE.  THE EXCLUSIVE CARE, CUSTODY AND CONTROL OF ANY AND ALL PERSONAL PROPERTY STORED IN THE LEASED SPACE SHALL REMAIN VESTED IN THE OCCUPANT, AND ALL PROPERTY STORED WITHIN OR ON THE SPACE BY OCCUPANT OR LOCATED AT THE FACILITY BY ANYONE SHALL BE STORED AT OCCUPANT’S SOLE RISK.  OWNER, ITS AGENTS, EMPLOYEES AND ASSIGNS HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY LOSS OR DAMAGE TO SAID PROPERTY FROM ANY CAUSE WHATSOEVER, INCLUDING BUT NOT LIMITED TO BURGLARY, MYSTERIOUS DISAPPEARANCE, FIRE, WATER DAMAGE, MOLD, MILDEW, RODENTS, ACTS OF GOD, THE ACTIVE OR PASSIVE ACTS OR OMISSIONS OR NEGLIGENCE OF THE OWNER, OWNER’S AGENTS OR EMPLOYEES.  It is agreed by Occupant that this release of Owner’s liability is a bargained-for condition of the rent set forth herein.  Occupant acknowledges that Owner does not warrant that Occupant’s property will be safely kept, nor that it will be secure against theft, nor that the premises and space are secure against hazards caused by weather, fire or the elements of weather or the malfunction of any type of climate control system installed by Owner or any of its respective agents, employees or affiliates.

11. INDEMNITY: Occupant agrees to indemnify, hold harmless and defend Owner and its respective agents, employees and affiliates from all claims, demands, actions or causes of action (including attorneys’ fees and all costs) that are hereinafter brought by others arising out of Occupant’s use of the Space and common areas of the Facility, including claims for Owner’s active or passive negligence.

12. RELEASE OF OWNER’S LIABILITY FOR BODILY INJURY: Owner and its respective agents, employees and affiliates shall not be liable to Occupant for injury or death as a result of Occupant’s use of the Space or the Facility, even if such injury is caused by the active or passive acts or omissions or negligence of the Owner.

13. INSURANCE: ANY PROPERTY STORED PURSUANT TO THIS LEASE IS NOT INSURED BY THE OWNER AGAINST LOSS OR DAMAGE. OCCUPANT ACKNOWLEDGES THAT OWNER DOES NOT PROVIDE INSURANCE COVERING OCCUPANT’S STORED PROPERTY. OCCUPANT AGREES TO MAINTAIN, AT OCCUPANT’S EXPENSE, A POLICY OF FIRE AND EXTENDED COVERAGE INSURANCE WITH THEFT, VANDALISM AND MALICIOUS MISCHIEF ENDORSEMENTS FOR THE FULL VALUE OF OCCUPANT’S STORED PROPERTY. TO THE EXTENT OCCUPANT FAILS TO PROVIDE EVIDENCE TO OWNER OF SUCH INSURANCE OR OTHERWISE ENROLL FOR THE INSURANCE MADE AVAILABLE BY OWNER, OCCUPANT AGREES THAT OWNER MAY ENROLL THE OCCUPANT IN THE AVAILABLE INSURANCE PROGRAM FOR THE MINIMUM AMOUNT OF COVERAGE WHICH IS OFFERED AND OCCUPANT AGREES AND ACCEPTS THE OBLIGATION TO PAY THE MONTHLY PREMIUM FOR SUCH INSURANCE. WHILE CERTAIN INFORMATION MAY BE MADE AVAILABLE TO OCCUPANT WITH RESPECT TO INSURANCE, OWNER AND OWNER’S AGENTS ARE NOT INSURERS, ARE NOT AFFILIATED WITH ANY INSURANCE COMPANY, DO NOT ACT AS INSURANCE COMPANY’S AGENT, BROKER OR SOLICITOR, AND DO NOT ASSIST IN THE EXPLANATION OF COVERAGE OR IN THE MAKING OF CLAIMS UNDER ANY INSURANCE POLICY.

INSURANCE IS A MATERIAL CONDITION OF THIS AGREEMENT AND FOR THE BENEFIT OF BOTH OCCUPANT AND OWNER. OCCUPANT AGREES NOT TO SUBROGATE AGAINST OR ALLOW OCCUPANT’S INSURANCE COMPANY TO SUBROGATE AGAINST OWNER IN THE EVENT OF LOSS OR DAMAGE OF ANY KIND OR FROM ANY CAUSE.

14. NOTICE OF LIEN: The Massachusetts Self-Service Storage Facility Act gives the Owner of a self-service storage facility a lien on Occupant’s stored property for rent, labor, insurance or other charges in relationship to the property and for expenses necessary for the preservation of the property or reasonably incurred expenses in its sale pursuant to the Act. If Occupant shall fail or refuse to perform any of the covenants, conditions or terms of this agreement, and if such default continues for more than 30 days, Owner may enforce its lien by selling the property at a public sale in accordance with the provisions of applicable law, and apply the net proceeds from such sale to the payment of all sums due to Owner from Occupant hereunder.

15. CONDITION AND ALTERATION OF THE SPACE: Occupant assumes responsibility for having examined the Space and hereby accepts it as being in good order and condition. Occupant understands that all unit sizes are approximate and enters into this Rental Agreement without reliance on the estimated size of the Space. Should Occupant damage or depreciate the Space, or make alterations or improvements without the prior consent of the Owner, or require the Owner 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 Occupant. Owner has the right to declare any such costs to repair as “rent” and non-payment of said costs entitles Owner to deny Occupant access to the Space.

16.  MILITARY:  In order to comply with SERVICE MEMBERS CIVIL RELIEF ACT it is Occupant’s obligation to notify the Owner in writing that Occupant and any Occupant family member storing goods at the Facility are in active military service, in order to determine Occupant’s qualifications under this Act. If Occupant’s military status or Occupant’s family member’s military status changes, Occupant is required to notify the Owner in writing of this change immediately.

17.  RULES AND REGULATIONS: Owner 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. Occupant agrees to follow all Rules and Regulations now in effect, or that may be put into effect from time to time. Rules and Regulations may be posted to the facility’s website and Occupant agrees said posting shall constitute adequate notice.

18.  NO SUBLETTING: Occupant shall not assign or sublease the Space without the written permission of the Owner. Owner may withhold permission to sublet or assign for any reason or for no reason in Owner’s sole discretion.

19.  NO ORAL AGREEMENTS: This Rental Agreement contains the entire agreement between Owner and Occupant and no oral agreements shall be of any effect whatsoever. Occupant acknowledges that no representations or warranties have been made with respect to the safety, security or suitability of the Space for the storage of Occupant’s property, and that Occupant has made his or her own determination of such matters solely from inspection of the Space and the Facility. Occupant agrees that he is not relying, and will not rely, upon any oral representation made by Owner or by any of its respective agents, employees or affiliates purporting to modify or add to this Rental Agreement.

20. Notices from Owner:  All notices from Owner shall be sent by first class mail postage prepaid to Occupant’s last known address or to the electronic mail address provided by the Occupant in this Rental 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.

21. Notices from Occupant: Occupant represents and warrants that the information Occupant has supplied in this Rental Agreement is true, accurate and correct and Occupant understands that Owner is relying on Occupant’s representations.  Occupant agrees to give written notice to Owner of any change in Occupant’s address, any change in the liens and secured interest on Occupant’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. Occupant understands he must personally deliver such notice to Owner or mail the notice by certified mail, return receipt requested, with postage prepaid to Owner at the Facility address set forth above or by e-mail only if e-mail is acknowledged by Owner.

22. CHANGES: All terms of this Rental 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 Occupant.  If changed, the Occupant may terminate this Rental Agreement on the effective date of the change by giving Owner ten (10) days prior written notice to terminate after receiving notice of the change.  If the Occupant does not give such notice, this Rental Agreement shall be thereby amended and the change shall become effective and apply to his or her occupancy.

23. NO WARRANTIES: No expressed or implied warranties are given by Owner or any of its respective agents, employees or affiliates as to the suitability of the Space for Occupant’s intended use. Owner disclaims and Occupant waives any implied warranties of suitability or fitness for a particular use.

24. SUCCESSION: All provisions of this Rental Agreement shall apply to and be binding upon all successors in interest, assigns or representatives of the parties hereto.

25. ENFORCEMENT: If any part of this Rental Agreement is held to be unenforceable for any reason, in any circumstance, the parties agree that such part shall be enforceable in other circumstances, and that all the remaining parts of this Rental Agreement will be valid and enforceable.

26. WAIVER OF JURY TRIAL: Owner and Occupant waive their respective rights to trial by jury of any cause of action, claim, counterclaim, or cross complaint, in any action brought by either Owner against Occupant, or Occupant against Owner or any of its respective agents, employees or affiliates, on any matter arising out of, or in any way connected with this Rental Agreement, Occupant’s use of the Space or the Facility or any claim of bodily injury or property loss or damage, or the enforcement of any remedy under any law, statute or regulation. This jury trial waiver is also made by Occupant on behalf of any of Occupant’s agents, guests or invitees.

27. TERMINATION: Ten (10) days advance written notice given by Owner or Occupant to the other party will terminate this tenancy. Owner does not prorate rent; only full months’ prepaid rent shall be returned to Occupant within thirty (30) days of vacating the Space. Occupant must leave the Space broom clean and in good condition. Occupant is responsible for all damages. If Occupant fails to fully remove its property from the Space within the time required, Owner, at its option, may without further notice or demand, either directly or through legal process, reenter the Space and remove all property therefrom without being deemed guilty in any manner of trespassing or conversion.  This Rental Agreement shall automatically terminate if Occupant abandons the Space.  Occupant shall be deemed to have abandoned the Space if Occupant has removed the contents of the Space, and/or has removed Occupant’s lock from the Space and IS NOT current in Occupant’s obligations hereunder.

28. PROPERTY LEFT IN THE STORAGE SPACE: Owner may dispose of any property left in the Space or in the Facility by Occupant after Occupant has terminated his or her tenancy. Occupant shall be responsible for paying all costs incurred by Owner in disposing of such property, including but not limited to a minimum CLEANING FEE as set forth above.

29. ATTORNEY’S FEES:  In the event the Owner retains the services of an attorney to recover any sums due under this Rental Agreement for any unlawful detainer, for the breach of any covenant or conditions hereof, or in defense of any demand claim or action brought by the Occupant, the Occupant agrees to pay to the Owner the reasonable costs, expenses, and attorney’s fees incurred in any such action.

30. FINANCIAL INFORMATION: Owner does not warrant or guarantee that any of Occupant’s financial information, including, without limitation, credit card and bank account information, will not be stolen or otherwise compromised. Occupant waives and releases any and all claims or actions against Owner and its respective agents, employees and affiliates for damages arising from the use of said information by others.

31. CLIMATE CONTROL:  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 Owner does not guarantee that temperature and humidity will not fluctuate. Occupant releases Owner 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 Owner or its respective agents, employees or affiliates.

32. PERMISSION TO CALL, FAX, E-MAIL OR TEXT:  Occupant recognizes Owner and Occupant are entering to a business relationship as Owner and Occupant.  As such, to the extent any Federal or State law prohibits Owner from contacting Occupant by phone, fax, e-mail or text, Occupant hereby consents to Owner phoning, faxing, e-mailing and texting Occupant with marketing and/or other business‑related communications.

33. GOVERNING LAW/JURISDICTION AND VENUE: This Rental Agreement and any actions between the parties shall be governed by the laws of the State where the Facility is located. Sole jurisdiction and venue for any suits involving this Rental Agreement will be in the County where the Facility is located.

NOTICE TO OCCUPANT: DO NOT SIGN THIS RENTAL AGREEMENT BEFORE YOU READ IT AND FULLY UNDERSTAND THE TERMS AND CONDITIONS CONTAINED HEREIN.  KEEP A COPY OF THIS RENTAL AGREEMENT TO PROTECT YOUR LEGAL RIGHTS.  OCCUPANT HEREBY ACKNOWLEDGES BY SIGNING THIS RENTAL AGREEMENT THAT HE OR SHE HAS READ, UNDERSTOOD AND ACCEPTS ALL TERMS AND CONDITIONS IN THIS RENTAL AGREEMENT. If you have any questions concerning its legal effect, consult your legal advisor.

I HAVE READ, UNDERSTAND, AND AGREE TO ALL TERMS AND ALL RULES INCLUDED WITHIN THIS FIVE (5) PAGE RENTAL AGREEMENT.

1. Access hours are 6am to 10pm and facility arms/disarms automatically – you must exit facility before 10pm to avoid setting off alarms.
2. Emergency exits located at loading areas and stairwells – facility maps located at loading and elevator areas.
3. Sliding doors open automatically after entering your access code to load into facility and via motion to load out of facility – do not push sliding doors unless exiting in an emergency.
4. Sliding doors close automatically after a short period of time for security measures – DO NOT PREVENT SLIDING DOORS FROM CLOSING or allow unauthorized individuals to enter facility.
5. Be careful when giving out your access code and key – it’s your responsibility to ensure only authorized people enter facility and unit using your access code and key.
6. Complimentary carts and dollies must be returned to loading areas – PLEASE DO NOT LEAVE CARTS IN YOUR STORAGE UNIT OR REMOVE FROM PREMISIS.
7. Be careful when using carts/dollies to avoid damage to sliding doors, storage units, etc.
8. Lights throughout the facility and common areas are controlled by motion.
9. There are intercom stations at keypads, elevators, and hallways to contact staff during Rental Office hours; call 617.268.8900 before/after hours to speak with call center.
10. DO NOT STORE ANYTHING FLAMMABLE, HAZARDOUS, TOXIC, ETC. – report any suspicious activity to Rental Office.
11. You cannot live or operate a business in your storage unit.
12. Do not alter or modify your storage unit in any way – contact Rental Office if you would like to install shelving, etc.
13. Make sure you secure your storage unit properly with cylinder lock provided each time you use your storage unit.
14. You must contact Rental Office if you lose your keys – DO NOT ATTEMPT TO REMOVE CYLINDER LOCK.
15. All trash must be removed from facility.
16. To avoid cleaning fees, do not abandon any property or leave trash in your storage unit when moving out.
17. You must notify Rental Office or call center when vacating your storage unit, or complete move-out at self-service kiosk (located in vestibule).