Fillable Printable Residential Lease Agreement - Tennessee

Residential Lease Agreement - Tennessee

Tennessee Residential Lease Agreement

THIS LEAS E AGREEMENT (hereinafter referred to as the "Agreement") made and

entered into this ____________ day of ____________________________, 20____, by and

between _____________________________________________________________________

(hereinafter referred to as "Landlord") and _________________________________________

________________________________________________ (hereinafter referred to as "Tenant").

W I T N E S S E T H :

WHEREAS, Landlord is the fee owner of certain real property being, lying and situated

in _______________________ County, Tennessee, such real property having a street address of

____________________________________________________________________ (hereinafter

referred to as the "Premises").

WHEREAS, Landlord desires to lease the Premises to Tenant upon the terms and

conditions as contained herein; and

WHEREAS, Tenant desires to lease the Premises from Landlord on the terms and

conditions as contained herein;

NOW, THEREFORE, for and in consideration of the covenants and obligations

contained herein and other good and valuable consideration, the receipt and sufficiency of which

is hereby acknowledged, the parties hereto hereby agree as follows:

1. TERM. Landlord leases to Tenant and Tenant leases from Landlord the above described

Premises together with any and all appurtenances thereto, for a term of

__________________ [specify number of months or years], such term beginning on

__________________, and ending at 11:59 PM on ______________________.

2. RENT. The total rent for the term hereof is the sum of

______________________________________________________________ DOLLARS

($____________) payable on the ______ day of each month of the term, in equal

installments of

______________________________________________________________ DOLLARS

($_____________), first and last installments to be paid upon the due execution of this

Agreement, the second installment to be paid on _______________________. All such

payments shall be made to Landlord at Landlord's address as set forth in the preamble to

this Agreement on or before the due date and without demand.

3. DAMAGE DEPOSIT. Upon the due execution of this Agreement, Tenant shall deposit

with Landlord the sum of

______________________________________________________________ DOLLARS

($________) receipt of which is hereby acknowledged by Landlord, as security for any

damage caused to the Premises during the term hereof. Such deposit shall be returned to

Tenant, without interest, and less any set off for damages to the Premises upon the

termination of this Agreement.

4. USE OF PREMISES. The Premises shall be used and occupied by Tenant and Tenant's

immediate family, consisting of ______________________

__________________________ ____________, exclusively, as a private single family

dwelling, and no part of the Premises shall be used at any time during the term of this

Agreement by Tenant for the purpose of carrying on any business, profession, or trade of

any kind, or for any purpose other than as a private single family dwelling. Tenant shall

not allow any other person, other than Tenant's immediate family or transient relatives

and friends who are guests of Tenant, to use or occupy the Premises without first

obtaining Landlord's written consent to such use. Tenant shall comply with any and all

laws, ordinances, rules and orders of any and all governmental or quasi-governmental

authorities affecting the cleanliness, use, occupancy and preservation of the Premises.

5. CONDITION OF PREMISES. Tenant stipulates, represents and warrants that Tenant

has examined the Premises, and that they are at the time of this Lease in good order,

repair, and in a safe, clean and tenantable condition.

6. ASSIGNMENT AND SUB-LETTING. Tenant shall not assign this Agreement, or sub-

let or grant any license to use the Premises or any part thereof without the prior written

consent of Landlord. A consent by Landlord to one such assignment, sub-letting or

license shall not be deemed to be a consent to any subsequent assignment, sub-letting or

license. An assignment, sub-letting or license without the prior written consent of

Landlord or an assignment or sub-letting by operation of law shall be absolutely null and

void and shall, at Landlord's option, terminate this Agreement.

7. ALTERAT IONS AND IMPROVEMENTS. Tenant shall make no alterations to the

buildings or improvements on the Premises or construct any building or make any other

improvements on the Premises without the prior written consent of Landlord. Any and

all alterations, changes, and/or improvements built, constructed or placed on the Premises

by Tenant shall, unless otherwise provided by written agreement between Landlord and

Tenant, be and become the property of Landlord and remain on the Premises at the

expiration or earlier termination of this Agreement.

8. NON-DELI VERY OF POSSESSI ON . In the event Landlord cannot deliver possession

of the Premises to Tenant upon the commencement of the Lease term, through no fault of

Landlord or its agents, then Landlord or its agents shall have no liability, but the rental

herein provided shall abate until possession is given. Landlord or its agents shall have

thirty (30) days in which to give possession, and if possession is tendered within such

time, Tenant agrees to accept the demised Premises and pay the rental herein provided

from that date. In the event possession cannot be delivered within such time, through no

fault of Landlord or its agents, then this Agreement and all rights hereunder shall

terminate.

9. HAZARDOUS MATERIALS. Tenant shall not keep on the Premises any item of a

dangerous, flammable or explosive character that migh t unreasonably increase the danger

of fire or explosion on the Premises or that might be considered hazardous or extra

hazardous by any responsible insurance company.

10. UTILITIES. Tenant shall be responsible for arranging for and pay ing for all utility

services required on the Premises.

11. MAINTENANCE AND REPAIR; RU LES. Tenant will, at its sole expense, keep and

maintain the Premises and appurtenances in good and sanitary condition and repair

during the term of this Agreement and any renewal thereof. Without limiting the

generality of the foregoing, Tenant shall:

(a) Not obstruct the driveways, sidewalks, courts, entry ways, stairs and/or halls,

which shall be used for the purposes of ingress and egress only;

(b) Keep all windows, glass, window coverings, doors, locks and hardware in good,

clean order and repair;

(d) Not leave windows or doors in an open position during any inclement weather;

(e) Not hang any laundry, clothing, sheets, etc. from any window, rail, porch or

balcony nor air or dry any of same within any yard area or space;

(f) Not cause or permit any locks or hooks to be placed upon any door or window

without the prior written consent of Landlord;

(g) Keep all air conditioning filters clean and free from dirt;

(h) Keep all lavatories, sinks, toilets, and all other water and plumbing apparatus in

good order and repair and shall use same only for the purposes for which they

were constructed. Tenant shall not allow any sweepings, rubbish, sand, rags,

ashes or other substances to be thrown or deposited therein. Any damage to

any such apparatus and the cost of clearing stopped plumbing resulting from

misuse shall be borne by Tenant;

(i) And Tenant's family and guests shall at all times maintain order in the Premises

and at all places on the Premises, and shall not make or permit any loud or

improper noises, or otherwise disturb other residents;

(j) Keep all radios, television sets, stereos, phonographs, etc., turned down to a

level of sound that does not annoy or interfere with other residents;

(k) Deposit all trash, garbage, rubbish or refuse in the locations provided therefor

and shall not allow any trash, garbage, rubbish or refuse to be deposited or

permitted to stand on the exterior of any building or within the common

elements;

(l) Abide by and be bound by any and all rules and regulations affecting the

Premises or the common area appurtenant thereto which may be adopted or

promulgated by the Condominium or Homeowners' Association having

control over them.

12. DAMAGE TO PREMISES . In the event the Premises are destroyed or rendered wholly

uninhabitable by fire, storm, earthquake, or other casualty not caused by the negligence

of Tenant, this Agreement shall terminate from such time except for the purpose of

enforcing rights that may have then accrued hereunder. The rental provided for herein

shall then be accounted for by and between Landlord and Tenant up to the time of such

injury or destruction of the Premises, Tenant paying rentals up to such date and Landlord

refunding rentals collected beyond such date. Should a portion of the Premises thereby

be rendered uninhabitable, the Landlord shall have the option of either repairing such

injured or damaged portion or terminating this Lease. In the event that Landlord

exercises its right to repair such uninhabitable portion, the rental shall abate in the

proportion that the injured parts bears to the whole Premises, and such part so injured

shall be restored by Landlord as speedily as practicab le, after which the full rent shall

recommence and the Agreement continue according to its terms.

13. INSPECTION OF PREMISES. Landlord and Landlord's agents shall have the right at

all reasonable times during the term of this Agreement and any renewal thereof to enter

the Premises for the purpose of inspecting the Premises and all buildings and

improvements thereon. And for the purposes of making any repairs, additions or

alterations as may be deemed appropriate by Landlord for the preservation of the

Premises or the building. Landlord and its agents shall further have the right to exhibit

the Premises and to display the usual "for sale", "for rent" or "vacancy" signs on the

Premises at any time within forty-five (45) days before the expiration of this Lease. The

right of entry shall likewise exist for the purpose of removing placards, signs, fixtures,

alterations or additions, that do not conform to this Agreement or to any restrictions, rules

or regulations affecting the Premises.

14. SUBORDINATION OF LEASE. This Agreement and Tenant's interest hereunder are

and shall be subordinate, junior and inferior to any and all mortgages, liens or

encumbrances now or hereafter placed on the Premises by Landlord, all advances made

under any such mortgages, liens or encumbrances (including, but not limited to, future

advances), the interest payable on such mortgages, liens or encumbrances and any and all

renewals, extensions or modifications of such mortgages, liens or encumbrances.

15. TENANT'S HOLD OVER. If Tenant remains in possession of the Premises with the

consent of Landlord after the natural expiration of this Agreement, a new tenancy from

month-to-month shall be created between Landlord and Tenant which shall be subject to

all of the terms and conditions hereof except that rent shall then be due and owing at

______________________________________________________________ DOLLARS

($___________) per month and except that such tenancy shall be terminable upon thirty

(30) days written notice served by either party.

16. SURRENDER OF PREMISES. Upon the expiration of the term hereof, Tenant shall

surrender the Premises in as good a state and condition as they were at the

commence me nt of this Agreement, reasonable use and wear and tear thereof and

damages by the elements excepted.

17. ANIMALS. Tenant shall be entitled to keep no more than __________ (____) domestic

dogs, cats or birds; however, at such time as Tenant shall actually keep any such animal

on the Premises, Tenant shall pay to Landlord a pet deposit of

_________________________________________________ DOLLARS ($_________),

_________________________________________________ DOLLARS ($_________)

of which shall be non-refundable and shall be used upon the termination or expiration of

this Agreement for the purposes of cleaning the carpets of the building.

18. QUIET ENJOYMENT. Tenant, upon payment of all of the sums referred to herein as

being payable by Tenant and Tenant's performance of all Tenant's agreements contained

herein and Tenant's observance of all rules and regulations, shall and may peacefully and

quietly have, hold and enjoy said Premises for the term hereof.

19. INDEMNIFICATION. Landlord shall not be liable for any damage or injury of or to

the Tenant, Tenant's family, guests, invitees, agents or employees or to any person

entering the Premises or the building of which the Premises are a part or to goods or

equipment, or in the structure or equipment of the structure of which the Premises are a

part, and Tenant hereby agrees to indemnify, defend and hold Landlord harmless from

any and all claims or assertions of every kind and nature.

20. DEFAULT. As authorized under the state of Tennessee’s Uniform Residential Landlord

and Tenant Act, if Landlord determines that Tenant is in default of this Agreement,

Landlord shall provide Tenant with the appropriate written notice as specified below, and

Tenant shall have a limited number of days to remedy the default unless otherwise

excepted.

(a) For any noncompliance due to the failure to pay rent when due, Landlord may

immediately terminate Tenant’s right to use and to occupy the Premises, and

Landlord shall provide Tenant with at least one (1) day written Notice to

Vacate. Tenant shall vacate the Premise s within the timeframe provided in the

Notice to Vacate. As authorized under the Uniform Residential Landlord and

Tenant Act § 66-28-505(b), Tenant specifically waives Tenant’s right to

Notice of Nonpayment of Rent by Landlord.

(b) For any noncompliance due to Tenant’s or Tenant’s invitees willfully or

intentionally committing a violent act or behaving in a manner that

constitutes or threatens to be a real and present danger to the health, safety or

welfare of the life or property of other tenants or persons on the premises,

Landlord may terminate Tenant’s right to use and to occupy the Premises by

providing Tenant with at least three (3) days written Notice to Vacate. Tenant

shall vacate the Pre mises within the timeframe provided in the Notice to

Vacate.

months of a prior written warning by Landlord of a similar violation,

Landlord may deliver to Tenant a written Notice to Vacate specifying the

default and Landlord’s intent to terminate this Agreement. In such event,

Landlord may terminate this Agreement, and Tenant shall have fourteen (14)

days from the date that the notice is delivered to vacate the Premises.

(d) For any noncompliance by Tenant that is not willful or intentional, but that

otherwise materially affects health and safety, Landlord may deliver a written

Notice of Noncompliance to Tenant specifying the acts and omissions

constituting the breach and that this Agreement will terminate upon a date not

less than thirty (30) days after receipt of the notice if the breach is not

remedied in that timeframe. If Tenant fails to remedy the default within the

required timeframe, Landlord may immediately terminate this Agreement,

and Tenant shall immediately vacate the Premises.

(e) For any material noncompliance by Tenant with this Agreement (including but

not limited to material falsification of the information provided on the rental

application, such as untrue or misleading information about the number of

occupants in the dwelling unit, pets, income of prospective tenant, social

security number, and current employment listed on the application or lease

agreement), Landlord shall provide Tenant with a written Notice of

Noncompliance specifying the acts and omissions constituting the breach and

specifying that this Agreement will terminate upon a date not less than thirty

(30) days after delivery of the notice if the breach is not remedied in that

timeframe. If Tenant fails to remedy the default within the required

timeframe, Landlord may immediately terminate this Agreement, and Tenant

shall immediately vacate the Premises.

(f) Any notice required under this Paragraph shall specifically detail the violation

which has been committed and shall be effective only from the date of receipt

of the notice by Tenant.

(g) Upon termination of this Agreement for any reason, Tenant shall return the

keys and all opening devices to Landlord. In addition, all unpaid rents

payable during the remainder of this Agreement or any renewal period shall

be accelerated without notice or demand.

(h) Upon termination of this Agreement for any reason, Tenant shall remain fully

liable to the Landlord for (i) any lost rent and any other financial obligation

imposed by this Agreement; (ii) Landlord’s cost of reletting the Premises

including but not limited to leasing fees, utility charges, and any other fees

necessary to relet the Premises; (iii) repairs to the Premises for Tenant’s use

that are beyond normal wear and tear; (iv) all of Landlord’s costs associated

with evicting Tenant, including but not limited to court costs, costs of service,

prejudgment interest, and reasonable attorney’s fees; (v) all of Landlord’s

costs associated with collecting amounts due under this Agreement, including

but not limited to debt collection fees, late charges, and returned check

charges; (vi) and any other recovery to which Landlord is entitled by law or

in equity. Landlord is obligated to make all reasonable efforts to mitigate any

damage or loss resulting from Tenant’s breach by attempting to relet the

Premises to acceptable ten ants and thereby reducing Tenant’s liability.

21. LATE CHARGE. In the event that any payment required to be paid by Tenant

hereunder is not made within five (5) days of when due, Tenant shall pay to Landlord, in

addition to such payment or other charges due hereunder, a "late fee" in the amount of

____________________________________________ DOLLARS ($______________).

If the last day of the five-day period occurs on a Saturday, Sunday or legal holiday,

Landlord shall not impose any charge or fee for the late payment of rent, provided that

the rent is paid on the next business day. Any charge or fee, however described, which is

charged by Landlord for the late payment of rent shall not exceed ten percent (10%) of

the amount of rent past due.

22. ABANDONMENT. If at any time during the term of this Agreement Tenant abandons

the Premises or any part thereof, Landlord may, at Landlord's option, obtain possession

of the Premises in the manner provided by law, and without becoming liable to Tenant

for damages or for any payment of any kind whatever. Landlord may, at Landlord's

discretion, as agent for Tenant, relet the Premises, or any part thereof, for the whole or

any part thereof, for the whole or any part of the then unexpired term, and may receive

and collect all rent payable by virtue of such reletting, and, at Landlord's option, hold

Tenant liable for any difference between the rent that would have been payable under this

Agreement during the balance of the unexpired term, if this Agreement had continued in

force, and the net rent for such period realized by Landlord by means of such reletting. If

Landlord's right of reentry is exercised following abandonment of the Premises by

Tenant, then Landlord shall consider any personal property belonging to Tenant and left

on the Premises to also have been abandoned, in which case Landlord may dispose of all

such personal property in any manner Landlord shall deem proper and Landlord is hereby

relieved of all liability for doing so.

23. ATTORNE YS' FEES . Should it become necessary for Landlord to employ an attorney

to enforce any of the conditions or covenants hereof, including the collection of rentals or

gaining possession of the Premises, Tenant agrees to pay all expenses so incurred,

including a reasonable attorneys' fee.

24. RECORDING OF AGREEMENT. Tenant shall not record this Agreement on the

Public Records of any public office. In the event that Tenant shall record this

Agreement, this Agreement shall, at Landlord's option, terminate immediately and

Landlord shall be entitled to all rights and remedies that it has at law or in equity.

25. GOVERNING LAW. This Agreement shall be governed, construed and interpreted by,

through and under the Laws of the State of Tennessee.

26. SEVERABILITY. If any provision of this Agreement or the application thereof shall,

for any reason and to any extent, be invalid or unenforceable, neither the remainder of

this Agreement nor the application of the provision to other persons, entities or

circumstances shall be affected thereby, but instead shall be enforced to the maximum

extent permitted by law.

27. BINDING EFFECT. The covenants, obligations and conditions herein contained shall

be binding on and inure to the benefit of the heirs, legal representativ es, and assigns of

the parties hereto.

28. DESCRIPTIVE HEADINGS. The descriptive headings used herein are for

convenience of reference only and they are not intended to have any effect whatsoever in

determining the rights or obligations of the Landlord or Tenant.

29. CONSTRUCTION. The pronouns used herein shall include, where appropriate, either

gender or both, singular and plural.

30. NON-WAIVER. No indulgence, waiver, election or non-election by Landlord under this

Agreement shall affect Tenant's duties and liabilities hereunder.

31. MODIFICATION. The parties hereby agree that this document contains the entire

agreement between the parties and this Agreement shall not be modified, changed, altered

or amended in any way except through a written amendment signed by all of the parties

hereto.

32. NOTICE. Any notice required or permitted under this Lease or under state law shall be

deemed sufficiently given or served if sent by United States certified mail, return receipt

requested, addressed as follows:

If to Landlord to:

______________________________________________

[Landlord's Name]

______________________________________________

[Landlord's Address]

If to Tenant to:

______________________________________________

[Tenant's Name]

______________________________________________

[Tenant's Address]

Landlord and Tenant shall each have the right from time to time to change the place

notice is to be given under this paragraph by written notice thereof to the other party.

33. ADDITION AL PROVISIONS; DISCLOSURES.

____________________________________________________________

Landlord should note above any disclosures about the premises that may be required under

Federal or Tennessee law, such as known lead-based paint hazards in the Premises. The

Landlord should also disclose any flood hazards.[In addition, Tennessee law requires

disclosure as to where the Landlord will hold the security deposit and any interest payments

under it. The Landlord must also disclose the conditions under which the security deposit

may be withheld.

As to Landlord this ______ day of ________________________, 20_____.

LANDLORD: