Tennessee Residential Lease, Annual/Monthly

TENNESSEE RESIDENTIAL LEASE AGREEMENT 
(LEASE FOR TERM OR MONTH-TO-MONTH)

THIS LEASE AGREEMENT (“Agreement” or “Lease”) is made and entered into this _____ day of _________________, 20_____, between ____________________________________________________________, whose address is ____________________________________________________________ (“Landlord”) and ____________________________________________________________ (“Tenant”).

WHEREAS, Landlord leases to Tenant, and Tenant leases from Landlord, the (the single family home) (apartment #_____) (condominium unit #_____) (townhouse unit #_____) in ____________________________ County, Tennessee, such real property having a street address of ____________________________________________________________ (the “Premises”) on the terms and conditions as contained herein; and

NOW, THEREFORE, for and in consideration of the covenants and obligations contained in this Agreement and other good and valuable consideration, the receipt and sufficiency of which is acknowledged, the parties agree:

1. TERM. This Agreement shall commence on ________________________ (“Commencement Date”). [check either (a) or (b)]:

_____ (a) Lease : This Agreement shall continue as a lease for term. The termination date shall be on ___________________ [date] at 11:59 PM. Upon termination date, Tenant shall be required to vacate the Premises unless one of the following circumstances occur: (i) Landlord and Tenant formally extend this Agreement in writing or create and execute a new, written, and signed agreement; or (ii) Landlord willingly accepts new Rent from Tenant, which does not constitute past due Rent. If Landlord accepts from Tenant new Rent, a month-to-month tenancy shall be created. Either party may terminate this month-to-month tenancy by following the procedures specified in paragraph 1(b). Rent shall continue at the rate specified in this Agreement, or as allowed by law. All other terms and conditions as outlined in this Agreement shall remain in full force and effect.

_____ (b) Month-to-Month : This Agreement shall continue as a month-to-month tenancy. If at any time Tenant desires to terminate the tenancy, Tenant may do so by providing to Landlord written notice of intention to terminate. Such notice to terminate must be provided to Landlord at least 30 days prior to the desired date of termination of the tenancy. If at any time Landlord desires to terminate the tenancy, Landlord may do so by providing to Tenant such written notice of intention to terminate at least 30 days prior to the desired date of termination of the tenancy. Notices to terminate may be given on any calendar day, irrespective of Commencement Date.

2. RENT. Under the terms of this Agreement, “Rent” shall consist of all monetary obligations owed to Landlord by Tenant in accordance with this Agreement including any Late Charge. However, the Security Deposit shall not be considered Rent. Tenant shall pay to Landlord ____________________________________________________________ DOLLARS ($______________) per month as Rent for the Term of the Agreement. Due date for Rent payment shall be the 1st day of each calendar month and shall be considered advance payment for that month. If not remitted on the 1st, Rent shall be considered overdue and delinquent on the 2nd day of each calendar month. In the event that the Commencement Date is not the 1st of the calendar month, Rent payment remitted on the Commencement Date shall be prorated based on a 30-day period.

Landlord will accept personal checks, cashier’s checks, or money orders for Rent, except if Tenant has had a personal check returned for non-sufficient funds or account closure in the past nine (9) months. Upon Tenant’s request, Landlord must provide a receipt for non-cash payments. Landlord may choose not to accept cash, but if Landlord accepts cash, Landlord must provide a written receipt for it. Payment shall be made to Landlord under the following name and address:
____________________________________________________________
____________________________________________________________

3. SECURITY DEPOSIT. Tenant shall pay the sum of ____________________________________________________________ DOLLARS ($______________) as a security deposit (“Security Deposit”) to the named holder (“Holder”), located at ______________________________, on or before the first day of the Term. Holder shall deposit the Security Deposit in a designated account at ___________________________ bank or financial institution, whose address is ____________________________________________________________, and Landlord shall use this account solely for that purpose. The Security Deposit shall remain in this account or in a similar account with another bank or financial institution until this Agreement’s termination. If said funds are transferred to another bank, Landlord shall provide written notice to Tenant, specifying the name of the new bank or financial institution.

Landlord may use the Security Deposit to cover the costs associated with damage to Tenant’s leased Premises during the Term, excluding normal wear and tear. Such damages include, but are not limited to, the cost of cleaning the Premises and any costs arising from Tenant’s failure to comply with this Agreement. The amount of the Security Deposit shall not serve as a cap on the amount of damages for which Tenant may be responsible. Landlord shall revert to Tenant any balance of the Security Deposit remaining after deducting the cost associated with such damages following the termination of this Agreement.

Tenant may inspect the leased Premises with Landlord to determine Tenant’s liability for damages serving as the basis for any deduction from the Security Deposit, provided that Tenant has: (i) vacated the Premises without giving written notice; (ii) abandoned the Premises; (iii) been judicially removed from the Premises; (iv) not contacted Landlord after Landlord’s Notice of Right to Mutual Inspection ; (v) failed to appear at the arranged time of the inspection as agreed with Landlord; OR (vi) Not requested a mutual inspection or is otherwise inaccessible to Landlord.

(a) Mutual Inspection. In the event that Landlord requests that Tenant vacate the Premises, or within five (5) days after receipt of written notice of Tenant’s intent to vacate the Premises, Landlord shall provide written notice to Tenant regarding Tenant’s right to attend the inspection of the Premises ( Landlord’s Notice of Right to Mutual Inspection ). Pursuant this notice, Tenant may [select one]:

____ request that the inspection be scheduled during normal business hours; OR
____ not request that the inspection be scheduled during normal business hours.

Landlord: [select one]:

____ shall conduct the inspection after Tenant has fully vacated the leased property and is ready to surrender possession and return all means of access. The inspection shall take place on the day of vacating or within four (4) calendar days thereafter. OR
____ shall not conduct an inspection after Tenant has fully vacated the leased property. Tenant shall contact Landlord to arrange for a mutually agreed-upon date and time for inspection. In the event that Tenant fails to appear at the scheduled inspection, Tenant waives any right to challenge any damages assessed by Landlord. At the scheduled inspection, Landlord and Tenant shall jointly inspect the leased property and create a comprehensive list of damages to the leased property and an estimated cost of repair, which shall serve as the basis for any charge against the security deposit (“ List of Damages ”). Tenant shall sign the List of Damages, which shall serve as conclusive evidence of its accuracy. If Tenant refuses to sign the List of Damages, Tenant shall specifically detail, in writing, the items within the List of Damages with which he or she disagrees.

(b) Landlord Inspection : [select one]: If Tenant has taken any action that extinguishes their right to inspect the Premises as outlined in this Agreement, Landlord may inspect the Premises and create a List of Damages. In such cases, Tenant shall not be entitled to attend the inspection. Landlord shall furnish Tenant with a written copy of the List of Damages via certified mail, upon Tenant’s written request.

(c) Further Rights of Parties in Case of Dispute. If Tenant disputes the List of Damages, Tenant may seek resolution in the general sessions or circuit court of the county in which the Premises is located for the items in dispute, as specified in the statement of dissent. Landlord shall not retain the Security Deposit if Landlord failed to deposit it in a separate account used solely for that purpose, and if Landlord failed to provide Tenant with a copy of the List of Damages required by this Agreement. In case of damages, Landlord may recover the cost of any contractual damages, as well as any additional physical damages discovered after the inspection. Such additional damages must be discovered within thirty (30) days after Tenant vacates or abandons the Premises or seven (7) days after a new tenant takes possession of the Premises.

In the event that Tenant vacates the Premises without owing any funds and a refund from the Security Deposit is due, Owner shall instruct Landlord to send a written notice to Tenant’s last known or reasonably determinable address, indicating the amount of the refund. If Tenant does not respond to the notice within sixty (60) days from the date of its delivery, Owner may retain the Security Deposit, free from any claim by Tenant or any other person.

4. 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.

5. 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.

6. ASSIGNMENT, SUBLEASING, AND SUBLETTING. Tenant may not assign Tenant’s interests under this Agreement, sublease or sublet any portion of the Premises, or grant any license to use any portion Premises without the prior written consent of Landlord. Any unapproved attempt by Tenant to assign, sublease, sublet, or license all or any portion of Tenant’s interest under this Agreement shall qualify as a material breach of this Agreement. Such actions (whether through voluntary act, operation of law, or otherwise) shall be deemed null and void regarding the transfer of such interest to any third party. The prohibited activities described in this paragraph shall include but are not limited to subleasing or subletting through short-term rental or sharing services such as Airbnb®, Craigslist®, Vrbo®, or any rental, sharing, exchanging, or hosting platform. A consent by Landlord to one such assignment, subleasing, subletting, or license is not consent to any subsequent assignment, subleasing, subletting, or license.

7. ALTERATIONS 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-DELIVERY OF POSSESSION. 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 might 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 AND SERVICES. Tenant agrees to cover all expenses associated with connecting utilities, including electricity, natural gas, sewer, and water, as well as services such as sanitation, cable or satellite television, internet service, security alarm service, and telephone service. Tenant will also be responsible for any deposits required for these services and any costs incurred during the Term. Tenant must arrange for all accounts to be put in Tenant’s name no later than the first day of the Term. If Tenant fails to have all utilities placed in Tenant’s name within three (3) days of occupying the Premises, Landlord may disconnect the utilities if they were originally in Landlord’s name. Tenant must have written approval from Landlord prior to installing any satellite dishes on the Premises.

11. MAINTENANCE AND REPAIR; RULES. 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, unless otherwise agreed in writing 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) Not place boats, trailers, recreational vehicles (RVs), or campers on the Premises.

(c) Keep all windows, glass, window coverings, doors, locks and hardware in good, clean order and repair;

(d) Not obstruct or cover the windows or doors;

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

(f) Take necessary and appropriate measures to prevent pipes from freezing during freezing temperatures.

(g) 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;

(h) Not cause or permit any locks or hooks to be placed upon any door or window without the prior written consent of Landlord;

(i) Not use the Premises for parking of non-functional vehicles. If such a vehicle is parked on the Premises, Landlord may remove it after providing a ten (10) day written notice posted on the vehicle, and the Tenant will not have any claim or remedy against the Landlord;

(j) Not drill into the walls, woodwork or any part of the Premises with nails, screws or adhesive hangers, with the exception of standard picture hooks, shade brackets and curtain rods;

(k) Not place any objects or personal property in a manner that exceeds the load limits of the Premises. Furniture or equipment such as waterbeds, pianos, aquariums, and similar heavy items may only be placed on the Premises with the Landlord’s written consent.

(l) Not leave the Premises unoccupied for any prolonged duration.

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

(n) Ensure that all bathroom fixtures, plumbing, and water systems are in good condition and functioning properly; use these systems only for their intended purposes; and not allow any debris, waste, or substances to be disposed of in them. Tenant is responsible for any damage or repair costs caused by improper usage;

(o) Maintain order at all times, both within the Premises and in all places on the Premises, including among family and guests, and avoid making or permitting any loud or improper noises that might disturb other residents;

(p) Maintain the volume of all audio devices, such as radios, televisions, stereos, and entertainment equipment, at a level that does not disturb other residents;

(q) Properly dispose from Tenant’s dwelling unit all rubbish, garbage, and other organic or flammable waste, in a clean and sanitary manner at reasonable and regular intervals, and assume all costs of extermination and fumigation for infestation caused by Tenant;

(r) Properly use and operate all electrical, gas, heating, plumbing and other fixtures and appliances supplied by the landlord;

(s) Not engage in smoking or the use of vapor-generating electronic devices, including, but not limited to, tobacco, marijuana, or cannabis (THC, CBD), within the interior or exterior boundaries of the Premises. Should Tenant breach this provision, Tenant shall be liable for all costs associated with the cleaning, restoration, deodorizing, abatement, repainting, or replacement of any affected ductwork, carpeting, vinyl flooring, or curtains that may be required as a result of such breach;

(t) Comply with and follow all rules and regulations that pertain to the Premises or the related common areas, as established and communicated by the Owners’ Association having control over them;

(u) Upon termination and vacation, restore the Premises to their initial condition except for reasonable wear and tear.

12. INSURANCE. Landlord shall ensure that fire and casualty insurance is in effect for the structure of the Premises throughout the Term and any extensions thereof. Upon request, Landlord shall provide proof of such insurance to Tenant. Tenant shall obtain adequate insurance for their personal property and liability insurance in the amount of $ _________________ during the Term and any extensions thereof and shall demonstrate the same to Landlord upon request. Landlord shall not be liable for damage to Tenant’s property unless such damage is the result of Landlord’s gross negligence or intentional misconduct. Landlord, Landlord’s agent or manager, or, if applicable, the Owners’ Association, are not responsible for insuring Tenant’s or Tenant’s permitted visitors’ personal property and vehicles against loss or damage due to theft, vandalism, fire, water, rain, criminal or negligent acts of others, or any other cause. The parties agree that, upon notification by Landlord, Tenant shall take all actions necessary to avoid: (i) an increase in Landlord’s insurance premium (or Tenant shall pay for the increase in premium); or (ii) loss of insurance.

13. FIRE OR CASUALTY DAMAGE. In the event the dwelling unit or Premises are damaged or destroyed by fire or casualty, the obligations of the parties under this Agreement shall be governed by T.C.A. § 66-28-503. Specifically, if the dwelling unit or Premises are damaged or destroyed to an extent that the use of the dwelling unit is substantially impaired, Tenant may immediately vacate the Premises and shall notify Landlord in writing within fourteen (14) days of Tenant’s intention to terminate the rental agreement. If the dwelling unit or Premises are damaged or destroyed to an extent that restoring the dwelling unit or Premises to its undamaged condition requires Tenant to vacate the Premises, Landlord is authorized to terminate this Agreement within fourteen (14) days of providing written notice to Tenant. If the Agreement is terminated, Landlord shall return all prepaid Rent and Security Deposit recoverable under T.C.A. § 66-28-301. Accounting for Rent shall occur as of the date Tenant returns the keys to Landlord or has, in fact, vacated the dwelling unit or Premises, whichever date is earlier.

14. LANDLORD’S RIGHT OF ACCESS. Landlord has the right to access any part of the Premises, which shall include the dwelling unit and all buildings and improvements thereon, under the following circumstances: (a) for inspection purposes; (b) to make necessary or agreed repairs, decorations, alterations, or improvements; (c) to supply necessary or agreed services; (d) to exhibit the dwelling unit and Premises to prospective or actual purchasers, mortgagees, workers, or contractors during reasonable hours, with Tenant’s consent, which shall not be unreasonably withheld; (e) in case of an emergency, without Tenant’s consent; (f) if any of the Utilities have been turned off due to no fault of Landlord, to make inspections and repairs of damages resulting from the lack of utilities; (g) to remove placards, signs, fixtures, alterations, or additions that do not conform to this Agreement or to any ordinances, laws, restrictions, rules, or regulations affecting the Premises; (h) pursuant to a court order; (i) after a fourteen (14) day cure period described in section 21 of this Agreement, if Tenant fails to cure default; (j) if Tenant has abandoned or surrendered the Premises; (k) if Tenant is deceased, incapacitated, or incarcerated; (l) during Tenant’s absence for more than seven days if reasonably necessary. Landlord shall also be permitted to enter the Premises beginning thirty (30) days prior to the Agreement’s termination date for the purpose of showing the Premises to prospective tenants. Tenant shall receive notice, which need not be written, at least twenty-four (24) hours prior to entry for showing purposes. Landlord shall have the right to display “for sale,” “for rent,” or similar signs on the Premises at any time before the expiration of this Agreement.

15. 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.

16. TENANT’S HOLDOVER AND RENEWAL. Tenant shall provide written notice to Landlord at least _______ days prior to the expiration of the Term indicating Tenant’s intention to either renew or terminate this Agreement. If Tenant desires to renew this Agreement, Landlord may, at Landlord’s sole discretion, enter into a new Agreement with Tenant. If Tenant fails to provide such notice or remains in possession of the Premises after the expiration of the Term, a holdover period will immediately commence. During the holdover period, a month-to-month tenancy will be established at a new monthly Rent amount of ____________________________________________________________ DOLLARS ($______________), payable on the first day of each month, with the first increased monthly rent due on the first day of the initial month of the holdover period. All other terms and conditions of this Agreement will remain in full effect during the month-to-month tenancy and will continue until the termination of the holdover period.

17. 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 commencement of this Agreement, reasonable use and wear and tear thereof and damages by the elements excepted.

18. 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.

19. 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.

20. 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.

21. DEFAULT. In the event of a material violation of this Agreement, Tenant shall remain liable for all Rent due under the terms of the Agreement for the entire lease Term. In addition, at Landlord’s sole discretion, Landlord may pursue either one of the options outlined in (a) and (b), both of which are subject to the terms in (c).

Tenant waives written notice of failure to pay Rent as permitted under T.C.A. § 66-28-505(b). Tenant’s waiver shall not reduce Tenant’s grace period as provided in T.C.A. § 66-28-201(d).

(a) OPTION 1: Provide Tenant with Notice of Default. If Tenant is non-compliant with this Agreement or engages in any of the following: (i) failing to comply with building and housing code obligations; (ii) not keeping the leased property in a clean and safe condition; (iii) not disposing of waste properly; (iv) deliberately or negligently damaging the property or allowing others to do so; (v) engaging in illegal activity on the property; (vi) acting in a way that disturbs the neighbors or affects health and safety; (vii) Landlord may issue a written notice to Tenant specifying the violation and stating this Agreement is subject to termination.

If the breach is remediable by paying Rent, cost of repairs, damages, or other amounts due to Landlord, Tenant will have fourteen (14) days from the date of receipt of the Notice of Default to remedy the breach. If the breach is not remedied within fourteen (14) days, Landlord may choose to terminate this Agreement. If Tenant needs to make repairs to cure the breach, Tenant must request authorization in writing from Landlord before making any repairs. If Tenant engages in similar conduct within six (6) months of a prior breach, Landlord may terminate this Agreement with seven (7) days written notice. If the breach is not remediable by payment, this Agreement will terminate fourteen (14) days after receipt of the Notice of Default.

(b) OPTION 2: Terminate the Lease. If Tenant violates the covenant to pay Rent, Landlord may choose to terminate this Agreement and proceed with a detainer action for possession of the Premises. Landlord is not obligated to take the same action in the event of similar violations in the future. If Landlord terminates this Agreement, Landlord has the right to secure another tenant for the property.

(c) Damages and Injunctive Relief Available for Either Option 1 or 2. In addition to all other remedies available at law or in equity, Landlord may recover damages, obtain injunctive relief, or both, for any one of Tenant’s actions: (i) failing to comply with building and housing code obligations; (ii) not keeping the leased property in a clean and safe condition; (iii) not disposing of waste properly; (iv) deliberately or negligently damaging the property or allowing others to do so; (v) engaging in illegal activity on the property; (vi) acting in a way that disturbs the neighbors or affects health and safety. Landlord may recover punitive damages from Tenant for intentional destruction of property caused by Tenant or anyone on the Premises with Tenant’s consent. Premises.

22. DAMAGES. Tenant shall be responsible for compensating Landlord for any damages incurred due to the Tenant’s breach of this Agreement, which may include, but is not limited to, lost rent, the costs of preparing the Property for re-rental and a real estate broker’s commission for finding a new tenant due to eviction or early termination of the tenancy.

23. LATE CHARGE. If any payment required of Tenant is not received by Landlord by the _______ day of the month, Tenant shall pay an additional fee of ____________________________________________________________ DOLLARS ($______________) to Landlord as a “Late Charge.” This Late Charge shall be added to the next installment of Rent due and shall be deemed as additional Rent. The Landlord shall have the same rights and remedies against the Tenant for failure to pay this additional Rent as the Landlord has for Tenant’s failure to pay the monthly Rent, including the right to commence eviction proceedings.

24. 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. In addition, 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.

T.C.A. § 66-28-405 provides Landlord with two options for dealing with Tenant’s suspected abandonment of the Premises: (a) Tenant’s unexplained or extended absence from the Premises for thirty (30) days or more without payment of Rent as due is prima facie evidence of abandonment. Landlord shall be expressly authorized to reenter and take possession of the premises; or (b) Tenant’s nonpayment of rent for fifteen (15) days past the rental due date, together with other reasonable factual circumstances indicating Tenant has permanently vacated the premises, including but not limited to, the removal by Tenant of substantially all of Tenant’s possessions and personal effects from the premises, or Tenant’s voluntary termination of utility service to the premises, shall also be considered prima facie evidence of abandonment. If proceeding under (b), Landlord must provide notice to Tenant and follow the procedure described in T.C.A. § 66-28-405(b).

If Landlord proceeds under either (a) or (b), Landlord must remove Tenant’s possessions and personal effects (“Tenant’s Items”) from the Premises and store Tenant’s Items for a minimum of thirty (30) days. Tenant may reclaim Tenant’s Items from Landlord within the thirty (30) day period. If Tenant does not reclaim Tenant’s Items within the thirty (30) day period, Landlord may sell or dispose of Tenant’s Items and apply the proceeds of the sale to the unpaid rents, damages, storage fees, sale costs and attorney’s fees. Landlord must hold any balances for a period of six (6) months after the sale.

25. ATTORNEYS’ 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.

26. SEVERABILITY. If any provision of this Agreement or its application is found to be invalid or unenforceable for any reason, it shall not impact the enforceability of the remaining provisions of this Agreement or the enforceability of the invalid provision when applied to other individuals, entities, or circumstances, and such provision will instead be enforced to the maximum extent permitted by law.

27. SUCCESSORS AND ASSIGNS. The covenants, obligations, and conditions set forth in this agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors, and assigns.

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 Landlord or Tenant.

29. CONSTRUCTION. The language used in this Agreement shall include, where appropriate, either gender or both, singular and plural forms.

30. GOVERNING LAW. This Agreement shall be governed by, construed and interpreted in accordance with the laws of the State of Tennessee.

31. TIME OF ESSENCE. Time is of the essence with respect to all obligations under this Agreement, including but not limited to the payment of Rent, compliance with the terms of this Agreement, and the delivery of possession of the Premises upon termination of this Agreement. The failure of either party to perform timely any obligation under this Agreement shall qualify as a material breach.

32. WAIVER OF LEASE PROVISIONS AND FUTURE ENFORCEMENT. The failure of Landlord to insist on the exact and immediate fulfillment of any obligations or conditions under this Agreement, or any of the regulations specified, shall not qualify as a waiver of these provisions. This failure to insist will not restrict Landlord from demanding prompt compliance in the future and shall not prevent Landlord from taking legal action in case of future violations. Landlord can only waive a provision, obligation, or condition under this Agreement if the waiver is in writing and signed by Landlord.

33. MODIFICATION. This Agreement constitutes the full and complete understanding between the parties and may not be altered or amended in any manner except through a written agreement signed by both Landlord and Tenant.

34. SECURITY CAMERA USAGE DURING TENANCY. Landlord represents that any security cameras on or within the Premises, including but not limited to audio and video recording equipment, will be deactivated and not in use during the tenancy unless: (a) Tenant has exclusive access to and control over such cameras, and (b) Landlord and any other party does not have authorized access to such cameras. Landlord acknowledges that unauthorized access or use of the security system by Landlord or any other party during the tenancy may result in a violation of Tenant’s privacy and may result in civil damages and criminal charges. This section does not apply to security cameras located in common areas of multi-family housing, such as entranceways, hallways, building exteriors, exercise areas, front desk or concierge areas, elevators, refuse rooms, athletic courts or fields, laundry rooms, or parking areas.

35. LEAD-BASED PAINT DISCLOSURE. This disclosure is applicable if the Premises was constructed prior to 1978. Tenant acknowledges receiving the EPA publication, “Protect Your Family From Lead In Your Home.” In addition, a fully executed copy of the document “Disclosure of Information on Lead-Based Paint and Lead-Based Paint Hazards” has been signed by both Tenant and Landlord, as well as any applicable real estate broker, and is attached to and incorporated as a part of this Agreement.

36. RETURN OF KEYS. Tenant must return the keys to the Premises to Landlord when Tenant vacates the Premises.

37. NOTICE. Any notice or demand required or necessary under this Agreement or under state law shall be considered validly given or served if it is sent in writing to the individual named below and delivered through one of the following methods: (1) personal delivery, (2) prepaid overnight delivery service, (3) facsimile transmission, (4) registered or certified mail through the United States Postal Service, or (5) email (if an email address is provided in this section). The notice shall be considered given as of the date and time it was actually received, unless otherwise specified in this Agreement.

If to Landlord to:

________________________________________
[Landlord’s Name]

________________________________________
[Landlord’s Address]

________________________________________
[Landlord’s City, State, and Zip Code] 

________________________________________
[Landlord’s E-Mail Address]


If to Tenant to:

________________________________________
[Tenant’s Name]

________________________________________
[Tenant’s Address]

________________________________________
[Tenant’s City, State, and Zip Code]

________________________________________
[Tenant’s E-Mail Address]

In accordance with T.C.A. § 66-28-302, the above-named individual for the Landlord is the agent authorized to manage the leased Premises and is either an owner of the Premises or a person or agent authorized to act for and on behalf of the owner for the acceptance of service of process and for receipt of notices and demands.

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.

38. ADDENDA. The terms set forth in the attached addenda or riders are made a part of this Agreement. [list titles of addenda:]

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39. ADDITIONAL PROVISIONS; DISCLOSURES.
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[Landlord must note above any disclosures about the premises that may be required under Federal or Tennessee law, such as flood hazards, if the premises has been determined to be located in a flood zone or area.]

As to Landlord:

LANDLORD (“LANDLORD”):

Sign: _________________________________________ Print: _________________________________________

LANDLORD (“LANDLORD”):

Sign: _________________________________________ Print: _________________________________________

As to Tenant:

TENANT (“TENANT”):