Agreement - Public Storage - 2023-12-06 (2)CA09012023 Page 1 of 6
1. YOUR RENTAL TERM.
Your Rental Agreement starts on the Rental Date and will continue on a month-to-month basis from the first day of each following month, until terminated by you or by us (see paragraph 11 about termination).
2 YOUR FEES AND CHARGES.
2.1 Your Payments to Us.
2.1.1 Due Date. Your Monthly Rent for each month is due on the first day of that month. If your Rental Date is not the first day of the month, you will pay the full Monthly Rent on or before the Rental Date and that payment will cover the first 30 days of occupancy in Your Space (but not beyond the last day of the second month). For any balance of the second month, you will pay one thirtieth of your Monthly Rent for each remaining day in the second month, but not to total more than the Monthly Rent (e.g., if your7Rental Date is March 15, your first payment will cover your rental through April 13, and your second payment (due April 1) will be 1/30th of your Monthly Rent multiplied
Rental Agreement
Thank you for becoming our customer. You want and agree to rent a self-storage space from Public Storage Operating
Company on these terms:
Parties and Rented Space
Public Storage Operating Company or its affiliates, authorized representatives, employees, or other agents, as owner or owner's agent (“Public Storage,” “we,” “us” or “our”),
and
, as customer (“you,” or “your”)
You are: an individual or a business
“Rental Date”
“Facility” “Your Space”
(Storage or Parking Space #):
Space Size (Approximately):
Account #
Facility # Rental #
Your Information
Customer Information Emergency/Alternate Contact Information
Address:
City/State/Zip:
Telephone:
ID/Driver's License:
Email Address:
Name:
Address:
City/State/Zip:
Telephone:
Authorized Access
Person(s):
Your Fees and Charges
One Time Administrative Fee (non-refundable)
"Monthly Rent" (due on the 1st of each month)
Monthly insurance premium (only if insurance is elected)
Dishonored Check Charge
Late Charge after th of the month
Lien Fee 1 after ( ) days (whether or not a lien sale occurs)
Lien Fee 2 after ( ) days (whether or not a lien sale occurs)
Lien Sale Fee
Combination Lock Deposit (refunded when returned)
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by the 17 days remaining in April; if your Rental Date is January 30 (in non-leap years) or January 31, you will not
have a payment for February; if your Rental Date is July 2 or December 2, your payment for August or January
(due August 1 or January 1) will be the full Monthly Rent).
2.1.2 Method of Payment. You may pay your Monthly Rent with a check payable to Public Storage, an ACH transfer
from your bank account to Public Storage, or an approved debit or credit card (and you can conveniently sign up
online for debit or credit card AutoPay). We reserve the right to require you to make payments in cash, debit or
credit card, certified check or money order. We reserve the right to refuse cash payments. When you provide a
check as payment, you authorize us to use information from your check to make a one-time electronic fund
transfer from your account. In certain circumstances, such as for technical or processing reasons, we may
process your payment as a check transaction.
2.1.3 How We Apply Your Payments. We apply your payments first to outstanding Monthly Rent (oldest to newest),
then to outstanding fees and other charges (oldest to newest), and then to insurance.
2.1.4 No Payment Notice. Charges for Monthly Rent, fees and other charges, and any insurance are due whether or
not you receive a billing statement or payment notice.
2.1.5 No Refunds or Prorations. You will NOT be entitled to any refund or proration of the first month's Monthly Rent
or the Monthly Rent for the month your Rental Agreement terminates.
2.2 Your Rental Terms May Change with 30 Days' Notice. We may change your Monthly Rent, fees and charges, and any
other terms of this Rental Agreement with 30 days' notice to you. We may send notice to your email address. By
continuing to use Your Space, you agree to the Rental Agreement as changed and that all of its other terms remain in
effect.
3. YOUR SPACE.
3.1 Estimated Size of Your Space. Any description of the size of Your Space is an estimate based on Building Office
Management Association standards that does not ensure any specific amount of usable space. Before moving in, you
examined Your Space and had the opportunity to measure it. You agree that it and the Facility meet your needs and you
accept them “AS-IS.” The following is applicable only if you complete this Rental Agreement online: before moving in, you
will examine Your Space and have the opportunity to measure it. You agree that it and the Facility meet your needs and
you accept them “AS-IS” unless you inform us in writing on the Rental Date that it does not. If that happens, we will try to
find another space to meet your needs (at that space's market rate) or we will terminate your Rental Agreement and
refund you the Monthly Rent (only) that you have paid.
3.2 Securing Your Space. You will provide, at your expense, a lock that you deem sufficient to secure Your Space, or Your
Space will be equipped with an electronic lock you will control. If Your Space is designed to use a cylinder lock, you agree
to provide a cylinder lock designed for Your Space. You will not provide a key and/or combination to us; the Property
Manager will not have access to your electronic lock. If Your Space has an electronic lock, we will record any locking/
unlocking of Your Space. We will not have possession, care, custody or control over your stored property (and this
Rental Agreement creates no bailment).
3.3 Access to the Facility and Your Space. Access to the Facility and Your Space is limited to the hours and days of
operation posted at the Facility. At our discretion, we may require that you access Your Space by coming first to the office
at the Facility or otherwise restrict your access to the Facility and Your Space.
3.4 Authorized Access Persons. Your named Authorized Access Persons are your agents and are not parties to this Rental
Agreement. They have no rights as tenants under this Rental Agreement. They have no standing to bring any claims
arising under this Rental Agreement or as a result of having authorized access to Your Space. We provide this authorized
access as a convenience to you and we reserve the right to revoke it at our sole discretion.
3.5 Restrictions on Use of Your Space.
3.5.1 Use Restricted to Storage of Your Own Property. You will use Your Space ONLY for
storage, and ONLY to store your own property.
3.5.2 Total Value Limit of $5,000. The total value of all property stored in Your Space MAY
NOT EXCEED $5,000. You represent and warrant the total value of all property stored
in Your Space does not exceed $5,000.
3.5.3 No Valuables. You agree Your Space is not suitable for the storage of valuables. You will not store valuables in
Your Space or the Facility, including heirlooms or precious, highly valuable, or irreplaceable property such as
books, records, writings, contracts, documents, personalized or other DVDs or videos, works of art, objects for
which no immediate resale market exists, objects that may have special or emotional value, and records or
receipts relating to the stored goods.
3.5.4 No Perishables or Hazards. You will not store improperly packaged food or perishable goods or use Your
Space in any manner that constitutes a hazard or nuisance.
· You will not store or permit the storage in Your Space or the Facility of any Hazardous Materials (including any
hazardous or toxic chemical, gas, liquid, substance, material or waste, and in some jurisdictions, vehicle tires,
that is regulated under any applicable law or regulation), flammable materials, explosives and other inherently
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dangerous materials, or property that would violate any law or regulation of any governmental authority.
3.5.5 No Conducting Business, Habitation or Loitering. You will not use Your Space to conduct business or as living
space for humans, animals or any living thing. You will not use a Facility as your business address. You will not
loiter at the Facility or Your Space.
3.5.6 Other Restrictions.
· If Your Space has a light source, it may be used only to light Your Space for convenience in accessing stored
goods. No alterations may be made to Your Space without our prior written consent. You may not bring
electricity into Your Space from any source.
· You will comply with all laws, rules, regulations, and ordinances of any and all governmental authorities.
4. LIMITATION OF OUR LIABILITY; YOUR RELEASES.
4.1 We are not responsible for and you release us from any liability, loss or damage, including without limitation injury to
persons, from any cause (“Loss”), including without limitation, our active or passive acts, omissions, or negligence, unless
the Loss is directly caused by our intentional or reckless conduct. To the extent permitted by California law, our liability
for Loss from any cause will not exceed a total of $5,000.
4.2 You are responsible for, you release us from, and you agree to indemnify us against, any Loss in any
way arising out of or relating to this Rental Agreement, Your Space or your use of the Facility,
including injury to or Loss sustained or caused by your visitors or invitees, and any Loss that could
have been insured, unless the Loss is directly caused by our intentional or reckless conduct.
4.3 You waive any right for any insurance carrier to be reimbursed by us for any claim it pays on your
behalf (waiver of subrogation).
4.4 You waive any claim against Public Storage arising out of or relating to this Rental Agreement (including arising out of or
relating to the use of the Facility) that you do not make within 12 months from the date it arises. You understand that the
law may otherwise afford you a longer period in which to bring claims, and you are giving up that right by agreeing to this
waiver.
4.5 Even if climate controlled, the temperature and humidity levels within Your Space may not be constant at all times. We do
not guarantee temperature or humidity ranges anywhere in the Facility, including in Your Space, and you assume all risk
of Loss due to fluctuations in temperature and humidity from any cause.
5. OUR LIEN AND RIGHTS TO PROPERTY IN YOUR SPACE. We have a lien upon all property you store at the Facility for
Monthly Rent, labor, fees or other charges that accrue under the Rental Agreement, and for expenses reasonably incurred in
the sale or other disposition of the property. If any part of your Monthly Rent, fees and/or other charges remain unpaid for 14
days after the due date, we may deny your right to use or access Your Space, your property will be subject to a claim of lien
and may even be sold to satisfy the lien, as such actions are authorized by Cal. Bus. & Prof. Code § 21712.
5.1 We may enforce our lien and may sell all property stored in Your Space, to satisfy payment of your unpaid Monthly Rent,
late fees, and/or other fees and charges, and we will charge you lien and lien sale fees. If Your Space is secured with our
combination lock during lien enforcement, we will charge you a deposit for that lock. When your access to Your Space is
restored, please return our combination lock to us and we will refund your deposit.
5.2 We will send you a lien notice prior to the lien sale, and we will advertise the lien sale in a local newspaper and/or on
www.publicstorageauctions.com.
5.3 Lien notices may be sent to you and to your alternate contact by electronic mail (email).
6. DISPUTE RESOLUTION BY BINDING ARBITRATION; CLASS ACTION WAIVER. PLEASE READ THIS PROVISION
CAREFULLY. IT AFFECTS YOUR RIGHTS.
6.1 INFORMAL DISPUTE RESOLUTION. Before filing a claim against us in any forum, you agree to attempt to resolve the
dispute informally by notifying us of your claim by sending an email to disputeresolution@publicstorage.com or
sending a letter to the Dispute Resolution Department, 701 Western Avenue, Glendale, California 91201. The notice
must specifically describe the nature of the dispute and the relief you seek. You will give us 60 days from the date we
receive your notice to try to resolve the dispute. Either party may file a claim if the dispute is not resolved after 60 days.
6.2 BINDING ARBITRATION. Both you and Public Storage agree to arbitrate any and all disputes or claims arising out
of, in connection with, or in any way relating to the relationship between you and us, including claims that arose
before the signing of this or any prior lease or rental agreement and the attached Addendum(s) and any claims that may
arise after the termination of this Rental Agreement and the attached Addendum(s), including, but not limited to, claims
relating to advertising. All disputes concerning the arbitrability of a claim (including disputes about the interpretation,
breach, applicability, enforceability, revocability or validity of this Rental Agreement and the attached Addendum(s)) shall
be decided by the arbitrator. Nothing in this agreement shall be read to preclude the potential availability of public
injunctive relief in arbitration to the extent such relief is available under applicable law. By agreeing to arbitrate, both
parties are giving up the right to proceed in court. Arbitration is a method of claim resolution that is less formal than a
traditional court proceeding. It uses a neutral arbitrator instead of a judge or jury and is subject to limited review by courts.
6.3 The arbitration will be governed and administered by the Streamlined Arbitration Rules and Procedures of Judicial
Arbitration and Mediation Services, Inc. (“JAMS”) then in effect and as modified by this Rental Agreement, by one
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commercial arbitrator with substantial experience in resolving commercial contract disputes, who will be selected from the
appropriate list of JAMS arbitrators in accordance with the Streamlined Arbitration Rules and Procedures of JAMS. To the
extent JAMS is not available in your state, the arbitration will be governed and administered by the American Arbitration
Association Consumer Arbitration Rules, as modified by this Rental Agreement. The right to arbitration under this
arbitration provision is protected by, and any arbitration will be governed by, the Federal Arbitration Act (9 U.S.C. § 1 et
seq.). Both parties agree that our business and the relationship here involve interstate commerce.
6.4 EXCEPTIONS TO ARBITRATION. Both parties retain the right to seek remedies in small claims court for disputes or
claims within that court's jurisdiction. Both parties also retain the right to pursue any eviction, action to enforce a lien, and/
or unlawful detainer remedies or defenses in any court. We retain the right to conduct a lien sale. Any other claims,
however, such as claims for violations of the self-storage lien laws, derivative claims (including but not limited to claims
under state or federal consumer protection statutes), conversion, negligence, breach of contract, or other violations of
state or federal law, must be brought in arbitration.
6.5 CLASS ACTION WAIVER. Both parties agree to give up the right to a jury trial. Each may bring claims against the
other only in its individual capacity and not as a plaintiff or class member in any purported class action lawsuit
or representative proceeding or consolidated action. Further, the arbitrator may not consolidate more than one
person's claims, and may not otherwise preside over any form of a representative or class proceeding or consolidated
action. This arbitration agreement does not stop you from bringing issues to the
attention of federal, state, or local agencies, who may seek relief against us on your behalf.
If this specific provision, known as the “Class Action Waiver,” is found to be unenforceable,
any defective provision shall be severed from the enforceable portions of this agreement.
Under no circumstances shall any claim or dispute be resolved through class arbitration.
6.6 For all claims and counterclaims together valued at less than $25,000, the parties must proceed
with a documents-only arbitration hearing, unless otherwise agreed upon in writing by both
parties.
6.7 Notwithstanding any provision in this Rental Agreement to the contrary, if we make any future change to this arbitration
provision (other than a change to the notice addresses in paragraph 6.1), you may reject any change by sending written
notice within 30 days of the change to us, ATTN: Opt-Out, 701 Western Avenue, Glendale, California 91201.
6.8 THIS ARBITRATION PROVISION IS OPTIONAL. You may decline this agreement to arbitrate by sending written and
signed notice to us, ATTN: Opt-Out, 701 Western Avenue, Glendale, California 91201, within 30 days of signing this
Rental Agreement.
7. YOUR MILITARY SERVICE.
7.1 You (check one) are or are NOT in the military.
7.2 If in the military, you are, at the time of signing this Rental Agreement (check one or both if
applicable) in the reserves or National Guard and/or on active duty.
7.3 You will immediately notify us in writing of any changes in the information you provide us about your military status or assignment.
8. OUR RIGHT TO ENTER, INSPECT, AND REPAIR YOUR SPACE.
8.1 You will grant us access to Your Space upon 3 days' written notice.
8.2 If criminal activity is suspected, in an emergency, if you fail to grant us access upon 3 days' written notice, or if you default
under this Rental Agreement, we or a governmental authority have the right to remove your lock(s) and enter Your Space
without providing notice or seeking your consent, in order to: (1) examine Your Space or its contents, (2) make repairs and
take other action to preserve Your Space or the Facility, (3) comply with any law or regulation, or (4) enforce our rights.
8.3 If we relocate the property stored in Your Space to another space in an emergency, all of the terms of this Rental
Agreement still apply and the relocated space will be considered "Your Space."
8.4 On our demand, you will pay all expenses we reasonably incur: (1) if the Facility or Your Space is damaged due to your
negligent or deliberate acts or omissions; or (2) for any cause for which you are otherwise responsible; or (3) if you fail to
remove your property upon termination of this Rental Agreement.
9. RELEASE OF YOUR CREDIT INFORMATION. If you have an unpaid balance when Your Space is vacated, we will refer your
account to a collection agency and the unpaid balance may be credit-reported.
10. OUR PRIVACY POLICY. You have received and reviewed our Privacy Policy and agree with its terms. You authorize us to
release any information required by law or requested by governmental authorities, or to others for marketing and similar
purposes consistent with our Privacy Policy. We reserve the right to change our Privacy Policy at any time. Any changes will
be effective immediately upon the posting of the revised Privacy Policy on www.publicstorage.com and your continued rental
of Your Space indicates your consent to use your information consistent with our Privacy Policy posted on
www.publicstorage.com.
11. DEFAULT, TERMINATION, AND ABANDONMENT.
11.1 You may terminate this Rental Agreement at any time by giving 7 days' written notice to us; however, you must still pay
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Please check relevant box(es) in ¶7.1 & ¶7.2
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all amounts due (including the full Monthly Rent for your last month of the term).
11.2 You are in default if you fail to pay Monthly Rent or other charges when due, you fail to comply with applicable law or any
provision of this Rental Agreement, if anything you represent to us in this Rental Agreement is or turns out to be untrue,
or if we have reason to believe that you or any of your Authorized Access Persons have engaged in criminal activity. We
may terminate this Rental Agreement if you are in default by giving 2 days' written notice to you. If we discover you or
your Authorized Access Person is a restricted party (see paragraph 19), we may immediately terminate this Rental
Agreement by posting notice of same on Your Space or by sending you email notice.
11.3 We may terminate this Rental Agreement even if you are not in default, by giving you written notice at least 7 days before
the expiration of your rental term.
11.4 Upon termination of this Rental Agreement, you will promptly remove all of your property from Your Space and the
Facility unless there are unpaid charges secured by our lien rights. You will also immediately deliver possession of Your
Space to us in the same condition as delivered to you on the Rental Date, except for reasonable wear and tear. Any
property remaining in Your Space or at the Facility will be considered abandoned and may be sold, destroyed, or
otherwise disposed of at our option.
11.5 We will terminate this Rental Agreement without notice to you if we reasonably determine that you have vacated or
abandoned Your Space.
11.6 We may pursue any available remedy and our decision to pursue one remedy does not prevent us from pursuing other
remedies.
12. CHANGE OF YOUR CONTACT INFORMATION. If any of the contact information (address, telephone, email address, etc.)
for you or your emergency/alternate contact person(s) changes, within 10 days of the change you will provide us with written
notice signed by you specifying the new or changed information (mailed to us by first class mail with proof of mailing, or
delivered in person at the Facility). You can also log on to your account at www.publicstorage.com to make changes online.
Changes cannot be made by telephone or by listing such information on return envelopes or checks.
13. NOTICES; YOUR CONSENT TO ELECTRONIC COMMUNICATIONS. Notices will be personally served or served by first
class mail deposited in the U.S. mail with postage fully prepaid to the address and party provided in this Rental Agreement or
to the last known address you provided, or may be delivered electronically to your most current email address on record.
Service is complete upon delivery if personally delivered, on the date mailed if mailed, or on the date and time sent by us if
sent electronically. Any communications by us may be sent electronically, and you consent to electronic signatures. All
electronic communications have the same legal effect as if made in non-electronic form.
13.1 Check this box to consent to receive lien notices by electronic mail (email).
14. OUR RULES AND REGULATIONS. You will comply at all times with our rules and regulations that are posted in a
conspicuous place at the Facility, which are considered part of this Rental Agreement. We may change these rules and
regulations at any time, and the changes will become part of this Rental Agreement upon posting.
15. ASSIGNMENT. You may not assign this Rental Agreement or sublease Your Space. We may assign this Rental Agreement
without your consent and will be released from all obligations arising after this Rental Agreement is assigned. This Rental
Agreement is binding upon your and our heirs, executors, administrators, representatives and any other permitted successors
and assigns.
16. NO WARRANTIES. We make NO implied or express warranties, guarantees, or representations of the nature,
condition, safety, or security of Your Space or the Facility. Per paragraph 3.1, you have inspected or you will inspect Your
Space and the Facility. You agree that we do not represent or guarantee the safety or security of Your Space or the Facility or
of any stored property. This Rental Agreement does not create any contractual obligation for us to increase or maintain any
particular level of safety or security.
17. LAW; JURISDICTION. This Rental Agreement is subject to the laws of the State of California and is also subject to the
DISPUTE RESOLUTION BY BINDING ARBITRATION; CLASS ACTION WAIVER provision in paragraph 6. If any provision
or part of a provision of this Rental Agreement is unenforceable, the remainder will be enforced to the fullest extent of the law.
18. STORE AT YOUR SOLE RISK; INSURANCE (See Insurance Addendum to Rental Agreement). You store property at
your sole risk. You are required to have some form of insurance covering the property in Your Space. Insurance is
your sole responsibility. You bear the full risk of loss or damage. We WILL NOT purchase insurance on your behalf
or evaluate the validity or adequacy of your insurance coverage.
18.1(a) You will automatically be enrolled in the Orange Door Storage Insurance Program on the Rental
Date. The first month's insurance premium will be due after 30 days from the Rental Date. If, after
30 days from the Rental Date, you have not certified on your Public Storage self-care account that
you have contacted your insurance company and confirmed that you have some form of insurance
covering the property in Your Space, you will remain enrolled in the Orange Door Storage
Insurance Program at your expense. Each month's insurance premium will be due on the last day
of the month. Once you have provided Public Storage with your certification of insurance coverage
on your Public Storage self-care account, your coverage under the Orange Door Storage Insurance
Program will terminate on the 1st day of the following month.
18.1(b) You may purchase the insurance that we offer as a convenience to you, but you are NOT required to purchase it. We
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make no representation regarding the adequacy or sufficiency of that coverage for your needs. IF you elect to purchase
that insurance, your monthly payment will include an additional amount for the coverage you select. See paragraph
2.1.3 about how payments are applied.
18.2 You understand that the storage insurance program offered at Public Storage is reinsured by a wholly-owned
subsidiary of Public Storage, and we may benefit financially if you purchase that insurance.
19. CONFIRMATION THAT YOU ARE NOT A RESTRICTED PARTY. You confirm that you and your Authorized Access Persons
are not on any U.S. Government or other government list of prohibited or restricted parties (e.g., the Specially Designated
Nationals and Blocked Persons List maintained by the U.S. Department of the Treasury). You confirm that you and your
Authorized Access Persons are not acting on behalf of a party on any such list. If you are a business, you also confirm that
you, your Authorized Access Persons and all of your officers, directors and managers are not on any such list, and are not
owned or controlled by, or acting on behalf of, a party on any such list. Your confirmations in this paragraph are true and
correct at all times during the term of this Rental Agreement, and you will immediately notify us of any change in writing.
20. CONSENT TO CONTACT. You expressly consent and agree that in the event we, our agents, affiliates, and/or service
providers contact you to discuss your account, including rental payments due, we may telephone you at any number, including
any mobile number, provided or obtained. This consent includes, but is not limited to, contact using automatic telephone
dialing system, prerecorded or artificial voice messages, and text messages.
21. ENTIRE AGREEMENT; TIME. This Rental Agreement and any written addenda, any notices by us, and any rules and
regulations posted at the Facility are the entire agreement between you and us, and supersede all prior agreements and
understandings, oral or written. We make no representations, warranties, or agreements not fully set forth in this Rental
Agreement and have not authorized anyone else to do so. You acknowledge that none of our employees or agents have
made any promise, agreement, representation, or warranty whatsoever, and acknowledge that you have not signed this
Rental Agreement in reliance upon any such promise, agreement, representation or warranty that is not expressly contained
in this Rental Agreement. Except for changes described in paragraphs 2.2 (changes of rental terms), 6.7 (changes to
arbitration provision), 6.8 (your ability to opt out of the arbitration provision), and 14 (our rules and regulations posted at the
Facility), this Rental Agreement may only be amended by a writing signed by both parties. Time is of the essence in
performing all obligations of this Rental Agreement. Time is of the essence in performing all obligations of this Rental
Agreement.
CUSTOMER PUBLIC STORAGE OPERATING COMPANY
Print Name: Property Manager