Tennessee Residential Lease, Annual/Monthly

Tennessee Residential Lease Agreement

(Lease for Term or Month-to-Month)

This lease agreement (the “Agreement” or “Lease”) is made and entered into this _____ day of _____, 20_____, by and between the person or entity named as Landlord in the Data Schedule (“Landlord”), whose address is stated there, and the person(s) named as Tenant(s) in the Data Schedule (“Tenant”).

Landlord leases to Tenant, and Tenant leases from Landlord, the real property in the Tennessee county stated in the Data Schedule, having the street address stated there (the “Premises”), of the unit type checked below:

☐ Single-family home

☐ Apartment # _____

☐ Condominium unit # _____

☐ Townhouse unit # _____

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 EXACTLY ONE — (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) (whether or not that box is checked). Rent shall be the holdover Rent stated in the TENANT’S HOLDOVER AND RENEWAL section of this Agreement. 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 thirty (30) days prior to the periodic rental date specified in the notice as the 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 thirty (30) days prior to the periodic rental date specified in the notice as the date of termination of the tenancy. Notices to terminate may be given on any calendar day, but the date of termination specified in the notice must be a periodic rental date, as provided by T.C.A. § 66-28-512(b) where that statute applies, or as otherwise provided by applicable law.

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 the monthly Rent stated in the Data Schedule 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. Any Late Charge is governed by the LATE CHARGE section of this Agreement, including the five-day grace period where T.C.A. § 66-28-201(d) applies.

Landlord may 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. Landlord may choose not to accept cash, but if Landlord accepts cash, Landlord must provide a written receipt for it. If any check, draft, or order tendered by Tenant is not paid by the drawee because Tenant did not have an account with or sufficient funds on deposit with the financial institution, or because the check, draft, or order bears an incorrect or insufficient signature, Tenant shall pay to Landlord a handling charge of thirty dollars ($30.00) for each such dishonored check, draft, or order, as authorized by T.C.A. § 47-29-102; this handling charge shall not apply to any electronic, automated clearing house, debit card, or credit card payment. Except as otherwise provided by applicable law, payments received from Tenant shall be applied to amounts due in the chronological order in which they became due. Payment shall be made to Landlord under the name and address stated in the Data Schedule.

3. SECURITY DEPOSIT. Tenant shall pay the security deposit stated in the Data Schedule (“Security Deposit”) to the holder named there (the “Holder”) (if no holder is named, Landlord is the Holder), located at the holder address stated there, on or before the first day of the Term. Holder shall deposit the Security Deposit in a designated account at the institution stated in the Data Schedule, whose address is stated there, 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 return to Tenant any balance of the Security Deposit remaining after deducting the cost associated with such damages following the termination of this Agreement.

Tenant shall have the right to inspect the leased Premises with Landlord to determine Tenant’s liability for damages serving as the basis for any deduction from the Security Deposit, unless 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. Upon Landlord’s request that Tenant vacate the Premises, or within five (5) days after Landlord receives written notice of Tenant’s intent to vacate the Premises, Landlord may give Tenant written notice of Tenant’s right to be present at Landlord’s inspection of the Premises (Landlord’s Notice of Right to Mutual Inspection). Tenant may request that the inspection be set by Landlord during normal working hours. Landlord may require that the inspection occur after Tenant has completely vacated the Premises and is ready to surrender possession and return all means of access, in which case the inspection shall occur on the day Tenant completely vacates the Premises or within four (4) calendar days thereafter. If Landlord gives written notice of Tenant’s right to be present and Tenant schedules an inspection but fails to attend it, Tenant waives the right to contest any damages found by Landlord at that inspection. If Tenant requests a mutual inspection, Landlord and Tenant shall jointly inspect the Premises and compile a comprehensive listing of presently ascertainable damage that is the basis for any charge against the Security Deposit and the estimated cost of repair (the “List of Damages”). Landlord and Tenant shall sign the List of Damages, which shall be conclusive evidence of its accuracy except as provided by applicable law. If Tenant refuses to sign, Tenant shall state specifically in writing the items within the List of Damages with which Tenant disagrees.

(b) Landlord Inspection. 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 certificate of mailing or 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. 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 prior to the earlier of (i) thirty (30) days after Tenant vacates or abandons the Premises, or (ii) 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, Landlord shall send written notification to Tenant’s last known or reasonably determinable address, indicating the amount of the refund. If Tenant does not respond to the notification within sixty (60) days from the sending of the notification, Landlord may remove the Security Deposit from the account and retain it, free from any claim by Tenant or any person claiming on Tenant’s behalf.

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. All occupants of the Premises who are eighteen (18) years of age or older must sign this Agreement as Tenant, and all such adult tenants are jointly and severally liable for all obligations of Tenant under this Agreement. Occupants under eighteen (18) years of age may be listed for identification purposes only and shall not be parties to this Agreement.

6. ASSIGNMENT AND SUBLEASING. Tenant may not assign Tenant’s interests under this Agreement, sublease any portion of the Premises, or grant any license to use any portion of the Premises without the prior written consent of Landlord. Any unapproved attempt by Tenant to assign, sublease, 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 through short-term rental or sharing services such as Airbnb®, Craigslist®, Vrbo®, or any rental, sharing, exchanging, or hosting platform. Consent by Landlord to one such assignment, subleasing, or license is not consent to any subsequent assignment, subleasing, 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, as permitted by T.C.A. § 66-28-521 where that section applies, have those utility services terminated if the existing service is 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. Tenant’s obligations under this section are subject to Landlord’s non-delegable obligations under applicable law, including T.C.A. § 66-28-304 where that section applies. Without limiting the generality of the foregoing, unless otherwise agreed in writing Tenant shall:

Not obstruct the driveways, sidewalks, courts, entry ways, stairs and/or halls, which shall be used for the purposes of ingress and egress only;

Not place boats, trailers, recreational vehicles (RVs), or campers on the Premises.

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

Not obstruct or cover the windows or doors;

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

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

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;

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

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, as provided by applicable law, including T.C.A. §§ 66-28-518 through 66-28-520 where applicable. In addition, Landlord may have any vehicle towed immediately and without notice for violation of posted permit-parking or traffic-and-parking signage (T.C.A. § 66-28-518(b)–(c) where applicable), and may have any nuisance vehicle towed upon twenty-four (24) hours’ posted notice (T.C.A. § 66-28-520 where applicable);

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;

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.

Not leave the Premises unoccupied for any prolonged duration. Tenant shall notify Landlord in writing, on or before the first day of the absence, of any anticipated extended absence from the Premises in excess of seven (7) days. Willful failure to give that notice is a default, and Landlord may recover actual damages (T.C.A. § 66-28-507(a) where applicable).

Keep all air conditioning filters clean and free from dirt;

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;

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;

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

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;

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

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;

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;

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. Landlord is not responsible for, and will not provide, fire or casualty insurance for Tenant’s personal property. Landlord shall not be liable for loss of or damage to Tenant’s personal property or vehicles from any cause, except to the extent the loss or damage is caused by Landlord’s negligence or intentional misconduct or as otherwise provided by applicable law. 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. Where T.C.A. Title 66, Chapter 28 does not apply, and notwithstanding T.C.A. § 66-7-102, Tenant may not terminate this Agreement on account of damage or destruction unless Landlord fails to commence restoration within sixty (60) days after the casualty; Rent abates in proportion to the untenantable portion of the Premises during restoration.

14. LANDLORD’S RIGHT OF ACCESS. Tenant shall not unreasonably withhold consent to Landlord’s entry into the Premises, including the dwelling unit and all buildings and improvements thereon, at reasonable times: (a) to inspect the Premises; (b) to make necessary or agreed repairs, decorations, alterations, or improvements; (c) to supply necessary or agreed services; and (d) to exhibit the dwelling unit and Premises to prospective or actual purchasers, mortgagees, workers, or contractors. Landlord may enter the Premises without Tenant’s consent: (e) in case of an emergency; (f) where no known emergency exists, if any of the utilities have been turned off due to no fault of Landlord, to inspect the Premises and make necessary repairs of damages resulting from the lack of utilities; (g) pursuant to a court order; (h) to enter the dwelling unit and cause work to be done, at Tenant’s cost as provided by T.C.A. § 66-28-506 where that section applies, after Tenant’s noncompliance materially affecting health and safety and failure to remedy as that section requires; (i) if Tenant has abandoned or surrendered the Premises; (j) if Tenant is deceased, incapacitated, or incarcerated; or (k) during Tenant’s absence from the Premises in excess of seven (7) days, at times reasonably necessary, as permitted by T.C.A. § 66-28-507(b) where that section applies. 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. Tenant shall attorn to any purchaser at foreclosure or transferee of Landlord’s interest and, on request, execute a subordination and attornment instrument within ten (10) days.

16. TENANT’S HOLDOVER AND RENEWAL. Tenant shall provide written notice to Landlord at least the number of days stated in the Data Schedule 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 remains in possession of the Premises after the expiration or termination of the Term without Landlord’s written consent, Tenant is a holdover tenant at sufferance, not a month-to-month tenant, and Landlord may recover possession together with all remedies provided by law, including, where applicable, T.C.A. § 66-28-512(c). During any holdover, Tenant shall pay, as the agreed value of use and occupancy and not as a penalty, monthly Rent of the holdover Rent stated in the Data Schedule, prorated daily, in addition to any other damages. If Landlord consents in writing to Tenant’s continued occupancy, or accepts Rent for a period after expiration of the Term, a month-to-month tenancy is created at the holdover Rent stated above, terminable as provided in paragraph 1(b), and all other terms and conditions of this Agreement shall remain in full force and effect.

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 the number of domestic dogs, cats or birds stated in the Data Schedule; however, at such time as Tenant shall actually keep any such animal on the Premises, Tenant shall pay to Landlord a non-refundable pet fee in the amount stated in the Data Schedule. Tenant shall also pay pet rent in the monthly amount stated in the Data Schedule for each permitted animal, as additional Rent. Tenant is liable for all damage caused by any animal kept on the Premises; the pet fee shall not limit that liability. The pet fee is a fee and not a deposit, is not part of the Security Deposit, and is not refundable. No pet fee, deposit, or other charge shall be required, and the animal limit in this section shall not apply, for a service animal or support animal kept because of a disability as a reasonable accommodation under the Fair Housing Act, as amended (42 U.S.C. § 3604(f)(3)(B)), and T.C.A. § 66-28-406 or § 66-7-111, as applicable. Where the disability or disability-related need for the animal is not readily apparent or known, Landlord may request reliable documentation of the disability and the disability-related need, may verify that documentation, and may deny the request if accurate, reliable documentation is not provided, all as provided by those sections. Reliable documentation does not include a certificate, registration, or similar document obtained from a website whose primary function is to sell such documents for a fee (T.C.A. § 66-7-111(a)(4)(B); § 66-28-406 as applicable). Misrepresentation of a disability or disability-related need for a service animal or support animal, or providing documentation that falsely states that an animal is a service animal or support animal, constitutes material noncompliance with and default under this Agreement, for which Landlord may terminate the tenancy and recover damages, including reasonable attorney’s fees (T.C.A. §§ 66-28-505(f), 66-28-406(f); § 66-7-111(f)).

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. Tenant shall indemnify, defend, and hold Landlord harmless from claims, demands, damages, and expenses asserted by third parties to the extent arising out of the negligent or wrongful acts or omissions of Tenant, Tenant’s family, guests, invitees, agents, or employees, or Tenant’s breach of this Agreement. Nothing in this Agreement exculpates Landlord from, or limits Landlord’s liability for, Landlord’s own negligence or intentional misconduct.

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; where T.C.A. Title 66, Chapter 28 applies, the rental agreement is enforceable by Landlord for the collection of rent for the remaining term as provided by T.C.A. § 66-28-505(c). Landlord’s recovery of damages is subject to Landlord’s obligation and duty to mitigate damages as provided by applicable law, including T.C.A. § 66-28-515(a) where applicable (see also the ABANDONMENT and DAMAGES provisions of this Agreement). Nothing in this section limits any statutory right of Tenant to terminate this Agreement early, including under T.C.A. § 66-28-205, § 66-7-110, or § 66-7-112, as applicable. In addition, at Landlord’s sole discretion, and without limiting any other right or remedy available at law or in equity, Landlord may pursue any of the options outlined in (a), (b), and (d), each of which is subject to (c).

Tenant waives notice of failure to pay Rent to the fullest extent permitted by applicable law, including as permitted under T.C.A. § 66-28-505(b) where that section applies. 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. Landlord may issue a written notice to Tenant specifying the violation and stating this Agreement shall terminate as provided in T.C.A. § 66-28-505(a)(2) or (a)(3).

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 the breach is remediable by repairs, the Notice of Default shall inform Tenant that Tenant’s repairs to remedy the breach must be requested in writing by Tenant and authorized in writing by Landlord before the repairs are made, and Tenant must obtain that written authorization before making any repairs. If substantially the same act or omission that constituted a prior noncompliance of which notice was given recurs within six (6) months, Landlord may terminate this Agreement upon at least seven (7) days’ written notice specifying the breach and the date of termination of this Agreement. If the breach is not remediable by the payment of Rent, the cost of repairs, damages, or any other amount due to Landlord pursuant to this Agreement, Landlord may inform Tenant that this Agreement shall terminate upon a date not less than fourteen (14) days after receipt of the Notice of Default. Where T.C.A. Title 66, Chapter 28 does not apply, Landlord may terminate under this OPTION only as provided by T.C.A. § 66-7-109 (fourteen (14) days’ notice for the defaults described in § 66-7-109(a), subject to the cure right in § 66-7-109(a)(2); thirty (30) days’ notice for all other defaults under § 66-7-109(b)).

(b) OPTION 2: Terminate for Nonpayment. Where T.C.A. § 66-28-505(b) applies and Tenant has waived notice as provided in this section, Landlord may file a detainer warrant immediately upon Tenant’s failure to pay Rent, without providing notice of that breach; provided, that this OPTION 2 shall not reduce Tenant’s grace period under T.C.A. § 66-28-201(d). Where T.C.A. § 66-28-505(b) does not apply, Landlord may terminate this Agreement for nonpayment only as provided by T.C.A. § 66-7-109 or other applicable law (including any required demand and the applicable notice period). Landlord is not obligated to take the same action in the event of similar violations in the future. If Landlord terminates this Agreement, Landlord may secure another tenant for the Premises.

(d) OPTION 3: Three-Day Termination. (i) Where T.C.A. § 66-28-517 applies: if Tenant or any other person on the Premises with Tenant’s consent (1) willfully or intentionally commits a violent act; (2) behaves in a manner which 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; (3) creates a hazardous or unsanitary condition on the property that affects the health, safety or welfare or the life or property of other tenants or persons on the Premises; or (4) refuses to vacate the Premises after entering as an unauthorized subtenant or other unauthorized occupant, Landlord may terminate this Agreement within three (3) days from the date written notice specifically detailing the violation is received by Tenant. (ii) Where T.C.A. § 66-7-109 applies: if Tenant is a tenant of a housing authority or is not mentally or physically disabled, and Tenant or any other person on the Premises with Tenant’s consent willfully or intentionally (1) commits a violent act; (2) engages in any drug-related criminal activity; or (3) behaves 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, Landlord, Landlord’s representatives, or other persons on the Premises, Landlord may terminate this Agreement upon three (3) days’ written notice specifically detailing the violation; and Landlord may terminate upon three (3) days’ notice for refusal to vacate by an unauthorized subtenant or other unauthorized occupant as provided by T.C.A. § 66-7-109(f). This OPTION does not authorize interruption of essential services or any other self-help recovery of possession.

(c) Damages and Injunctive Relief Available for Any Option. 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 willful destruction of property caused by Tenant or anyone on the Premises with Tenant’s consent, as provided by T.C.A. § 66-28-505(e) where applicable. Notwithstanding the foregoing options, if the Premises are a “covered dwelling” under 15 U.S.C. § 9058 (CARES Act), Landlord shall not require Tenant to vacate before the date that is thirty (30) days after the date on which Landlord provides Tenant with a notice to vacate, and the notice and termination periods in this section shall be extended to the extent required by that law.

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 Premises 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 installment of monthly Rent is not received by Landlord by the day stated in the Data Schedule of the month in which it is due, Tenant shall pay an additional fee in the amount stated in the Data Schedule to Landlord as a “Late Charge.” Where T.C.A. § 66-28-201(d) applies: (a) there shall be a five (5) day grace period, beginning on and including the day the Rent was due, during which no Late Charge may be charged; (b) if the last day of that grace period occurs on a Sunday or legal holiday, no Late Charge shall be imposed if the Rent is paid on the next business day; and (c) the Late Charge shall not exceed ten percent (10%) of the monthly Rent installment past due, exclusive of any prior 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.

§ 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. Landlord does not waive, and expressly preserves, any right to recover attorney’s fees to the extent authorized by applicable statute, rule, or court order, including, where applicable, T.C.A. §§ 66-28-505(f), 66-28-510, 66-28-512(c), and 66-28-513(a), and T.C.A. § 66-7-111(f). If Landlord retains an attorney to enforce this Agreement, including any action for possession, rent, or damages, Tenant shall pay Landlord’s reasonable attorney’s fees and court costs, as authorized by T.C.A. § 66-28-505(d) where applicable and by this Agreement.

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. APPLICABILITY OF UNIFORM RESIDENTIAL LANDLORD AND TENANT ACT. The Tennessee Uniform Residential Landlord and Tenant Act, T.C.A. Title 66, Chapter 28 (“URLTA”), applies only in Tennessee counties having a population of more than seventy-five thousand (75,000) according to the 2010 federal census (T.C.A. § 66-28-102(a)). The provisions of this Agreement that cite or recite URLTA apply only where URLTA applies to the Premises, determined by the County stated in the Data Schedule. Where URLTA does not apply, the rights and obligations of the parties are governed by the other provisions of this Agreement and by other applicable Tennessee law, including T.C.A. Title 66, Chapter 7, and each URLTA-citing provision shall be deemed modified to the minimum extent necessary to conform to applicable law. Where URLTA applies, any provision of this Agreement that is inconsistent with a non-waivable requirement of URLTA shall be deemed modified to the minimum extent necessary to conform to URLTA, the remainder of the provision shall continue in effect, and nothing in this Agreement waives or foregoes any right or remedy of Tenant under URLTA (T.C.A. § 66-28-203(b)).

32. 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 Tenant to perform timely any obligation under this Agreement shall qualify as a material breach. Provided, however, that nothing in this section shortens any notice or cure period required by applicable law, including T.C.A. § 66-28-505 or § 66-7-109 where those sections apply.

33. 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, except as otherwise provided by applicable law.

34. 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.

35. SECURITY CAMERA USAGE DURING TENANCY. Landlord discloses that any security cameras or recording equipment located within the interior of the dwelling unit will be deactivated and not in use during the tenancy unless Tenant has exclusive access to and control over them. 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.

36. 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.

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

38. 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 in the Data Schedule 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 the Data Schedule). A notice under this Agreement is given when it is delivered personally, when it is deposited with a prepaid overnight delivery service, or when it is deposited in the United States mail, registered or certified, postage prepaid, addressed to the party at the address designated in the Data Schedule or the party’s last known or designated address contained in this Agreement (T.C.A. § 66-28-106(b)); provided, that where applicable law requires that a notice be received or prescribes the manner of service, that law governs. Notwithstanding the foregoing, delivery by email under method (5) shall serve as a courtesy copy only and shall not constitute valid delivery or service of any notice for which applicable law requires written notice or a specific form or method of notice or service, including: (a) notices of termination, notices to quit, and detainer proceedings, including notices for which T.C.A. § 66-28-505 or § 66-7-109 prescribes written notice; (b) the security-deposit inspection, damage-listing, and refund notifications under T.C.A. § 66-28-301; (c) notices and disclosures required by federal law, including lead-based-paint disclosure requirements and the CARES Act; (d) notices required by municipal or local law or ordinance; and (e) notices for which personal delivery, posting, or certified or registered mail is prescribed by applicable law; all such notices shall be delivered by the method the applicable law prescribes.

In accordance with T.C.A. § 66-28-302, the Landlord notice name stated in the Data Schedule 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.

If the owner or the person authorized to accept service of process and receive notices and demands is different from the individual named above, Landlord identifies that person as: the name and address stated in the Data Schedule (T.C.A. § 66-28-302(a)(1), where applicable).

In accordance with T.C.A. § 66-28-302(a)(2), applicable to agreements entered into, amended, or renewed on or after January 1, 2025, Landlord also designates the following contact for maintenance services: the telephone, email, and online portal stated in the Data Schedule. Landlord shall keep the information required by T.C.A. § 66-28-302 current as provided in that section.

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.

39. 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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40. 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.]