Tennessee Residential Lease Agreement Form

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Tennessee Residential Lease Agreement Form

Tennessee Residential Lease Agreement Form

This is a standard 12 month lease for the State of Tennessee. This is an agreement that can be trusted by landlords and tenants looking to rent out a piece of property. The form can be downloaded in PDF or Micrsoft Word.

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Copyright 2012 © Tennessee Association of Realtors®

F58 – Residential Lease Agreement for Single-Family Dwelling, Page 1 of 10 Version 01/01/2012

RESIDENTIAL LEASE AGREEMENT

FOR SINGLE-FAMILY DWELLING

For and in consideration of the mutual covenants set forth herein and other good and valuable consideration, 1 the sufficiency

2 and adequacy of which is hereby acknowledged,

3 _____________________________________________________________________________________________ as tenant

4 (“Tenant”), and _______________________________________________________________________________________

5 as landlord (“Landlord”), do enter into this Lease Agreement (“Lease” or “Agreement”) on this the _____ day of

6 _____________________________, _________________ (“Binding Agreement Date”).

7  1. Lease Agreement.

8 Landlord hereby leases to Tenant and Tenant leases from Landlord all that tract or parcel of land, with such

9 improvements as are located thereon, described as follows:

10 All that tract of land known as:

11 ______________________________________________________________________________________ (Address),

12 _______________________________________________ (City), Tennessee ______________ (Zip), as recorded in

13 _____________________________________________ County Register of Deeds Office, deed book(s), ____________

14 page(s), _____________ and further described as:

15 ________________________________________________________________________________________________

16 together with all the fixtures, landscaping, improvements, and appurtenances, all being hereinafter collectively referred

17 to as the “Leased Property”.

18  A. INCLUDED as part of the Leased Property (if present): all attached light fixtures and bulbs including ceiling fans;

19 permanently attached plate glass mirrors; heating, cooling, and plumbing fixtures and equipment; all doors, storm

20 doors and windows; all window treatments (e.g. shutters, blinds, shades, curtains, draperies) and hardware; all wall21

to-wall carpet; range; all built-in kitchen appliances; all bathroom fixtures and bathroom mirrors; all gas logs,

22 fireplace doors and attached screens; all security system components and controls; garage door opener and all (at

23 least ____) remote controls; swimming pool and its equipment; awnings; permanently installed outdoor cooking

24 grills; all landscaping and all outdoor lighting; mailbox(es); attached basketball goals and backboards; TV antennae

25 and satellite dishes (excluding components); and central vacuum systems and attachments.

26  B. Other items that  REMAIN with the Leased Property at no additional cost to Tenant:

27

28

29

30  C. Items that  WILL NOT REMAIN with the Leased Property:

31

32

33

34  D. LEASED ITEMS FROM A THIRD PARTY. Leased items that remain with the Leased Property: (e.g., security

35 systems, water softener systems; fuel tank, etc.): _____________________________________________________.

36 Future lease payments of the aforementioned items shall be the responsibility of _______________________. If

37 said leases are not assumable, it will be Landlord’s responsibility to pay balance.

38  E. FUEL. Fuel, if any, will be adjusted and charged to the Tenant by the Landlord in monthly installments in addition

39 to the Rent at current market prices.

40  2. Lease Term and Rental Amount.

41  A. LEASE TERM.

42 The term of this Lease Agreement shall be for ______________________ (_______) months and shall begin on

43 __________________________, ___________ and end on ___________________________, ______________

44 (“Lease Term”).

45  B. RENT

46 During the Lease Term, Tenant shall pay, without any notice or demand, the amount of __________________

47 Dollars ($_____________) per month on or before the first (1st) of each month (“Rent”). The Rent shall begin and

48 the first payment shall be made on or before ______________________________, ___________. In the event that

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the first day of the Lease Term is other than the first (1st) of the month, the first and last months’ 49 Rent shall be

50 determined on a pro rata basis.

51 Rent shall be made payable to _____________________________________________ at the following address:

52 _____________________________________________________________________________________________

53 There is a five day grace period (“Grace Period”) beginning on the day that the Rent was due which is to be included

54 in the calculation of the Grace Period. If the last day of the Grace Period falls on a Sunday; January 1st; Martin

55 Luther King, Jr. Day (the 3rd Monday in January); President’s Day (the 3rd Monday in February);; Memorial Day

56 (the last Monday in May); July 4th; Labor Day (the first Monday in September); Columbus Day (the 2nd Monday in

57 October); Veteran’s Day (November 11th); Thanksgiving Day (the 4th Thursday in November); Christmas Day

58 (December 25th); Good Friday, or any day set aside for county, state or national elections, the Grace Period shall end

59 the following business day. Saturday is deemed to be a business day for the purposes of paying Rent unless it falls

60 on one of the aforementioned days. If Rent is not received in full at the above address on or before the end of the

61 Grace Period of each month, a late charge of _________________________________ Dollars

62 ($___________________) shall be charged to Tenant. (“Late Charge”). The amount of the Late Charge shall not,

63 under any circumstances, exceed ten percent (10%) of the amount of Rent past due. If the bank returns a Rent check

64 unpaid, Tenant shall owe Landlord an additional charge of __________ to cover the expense of processing.

65 Landlord shall notify Tenant in writing of any changes to whom Rent is to be paid and the location to which Rent

66 should be sent. The Tenant waives notice and demand as to all payments of Rent due hereunder. All parties

67 understand and agree that neither the Broker nor the licensee representing the Landlord is acting in the capacity of a

68 property manager in this transaction.

69  3. Security Deposit.

70 Tenant shall pay ______________________________________________ ($_________________) as payment of a

71 security deposit (“Security Deposit”) to _________________________________________ (name of holder) (“Holder”)

72 located at __________________________________________________________________ (address of Holder) on or

73 before the first day of the Lease Term. Security Deposit will be deposited by Holder in an account at

74 __________________________ bank or financial institution used only for that purpose. Security Deposit shall remain

75 in this account unless transferred to a similar account with another bank or financial institution until the termination of

76 this Lease. In the event that funds are transferred to another bank, Landlord shall notify Tenant in writing the name of

77 the new bank or financial institution.. Security Deposit may be used by Landlord toward payment of any damages to

78 Leased Property incurred during the Lease Term, normal wear and tear excepted. Said damages include costs for

79 cleaning Leased Property as well as those resulting from Tenant’s failure to perform any of the terms of the Lease

80 contained herein. Landlord may also apply the Security Deposit toward any unpaid Rent if the Tenant vacates the

81 Leased Property with Rent still due and owing Landlord. Landlord’s damages shall in no way be limited to the amount

82 of the Security Deposit.

83 The Tenant shall have the right to inspect the Leased Property with Landlord to determine the Tenant’s liability for

84 physical damages that are the basis for any charge against the Security Deposit UNLESS the Tenant has:

85 1. Vacated the Leased Property without giving written Notice;

86 2. Abandoned the Leased Property;

87 3. Been judicially removed from the Leased Property;

88 4. Not contacted the Landlord after the Landlord’s Notice of right to mutual inspection of the Leased Property;

89 5. Failed to appear at the arranged time of inspection as agreed upon between Landlord and Tenant;

90 6. Not requested a mutual inspection; OR

91 7. The Tenant is otherwise inaccessible to the Landlord.

92  A. Mutual Inspection

93 In a situation in which the Landlord has requested that the Tenant vacate the Leased Property or within five (5) days

94 after Landlord receives written notice of the Tenant’s intent to vacate the Leased Property, the Landlord shall

95 provide notice to the Tenant of the Tenant’s right to be present at the inspection of the Leased Property. Within said

96 notice [select one]:

97 □ Tenant may request that time of inspection be set during normal business hours

98  OR

99 □ Tenant may not request that time of inspection be set during normal business hours.

100 Landlord: [Select one].

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□ requires that inspection be scheduled after Tenant has completely vacated Leased Property 101 and is ready to

102 surrender possession and return all means of access to the Leased Property. Such inspection shall occur on

103 the day Tenant vacates or within four (4) calendar days of Tenant vacating Leased Property.

104  OR

105 □ Landlord will not require inspection to be scheduled after Tenant has completely vacated the Leased

106 Property. Such inspection shall occur on the day Tenant vacates or within four (4) calendar days of Tenant

107 vacating Leased Property.

108 Tenant shall contact Landlord to schedule a mutually agreeable date and time for inspection. If Tenant fails to

109 appear at such scheduled inspection, Tenant waives any right to contest any damages assessed by the Landlord. At

110 the scheduled inspection, the Landlord and Tenant shall inspect the Leased Property and compile a comprehensive

111 list of damages to the Leased Property and an estimated cost of repairing the damage which is the basis for any

112 charge against the Security Deposit (“List of Damages”). Landlord and Tenant shall sign the List of Damages which

113 shall be conclusive evidence of the accuracy of the listing of damages. In the event Tenant refuses to sign the List of

114 Damages, Tenant shall state specifically in writing the items within the List of Damages with which he does not

115 agree.

116  B. Landlord Inspection

117 If the Tenant has performed any of the foregoing acts in which he no longer has a right to inspect the Leased

118 Property as contained herein, the Landlord shall inspect the Leased Property and compile a List of Damages. The

119 Tenant is not entitled to be present at said inspection. Landlord shall provide the Tenant with a written copy of the

120 List of Damages via certificate of mailing upon the Tenant’s written request.

121  C. Additional Rights of Parties

122 In the event that Tenant disputes the List of Damages, Tenant may bring suit in either the general sessions or circuit

123 court of the county in which the Leased Property sits for those items to which he specifically dissented in his

124 statement of dissent referenced above. Landlord shall not be entitled to retain any portion of the Security Deposit if

125 Security Deposit was not deposited into a separate account solely used for that purpose and if Landlord fails to

126 provide Tenant with a copy of the List of Damages as required herein.

127 Landlord may recover the costs of any and all contractual damages to which he is entitled herein, plus the cost of

128 any additional physical damages to the Leased Property which are discovered by Landlord after an inspection has

129 been completed. Any additional physical damages must be discovered by Landlord by the earlier of:

130 1. Thirty (30) days after Tenant has vacated or abandoned the Leased Property

131 OR

132 2. Seven (7) days after a new tenant takes possession of the Leased Property.

133 If Tenant vacates the Leased Property with unpaid Rent or other amounts due to Landlord, Landlord may remove the

134 Security Deposit and apply it toward the unpaid debt. If Tenant vacates the Leased Property not owing any Rent and

135 a refund is due, Landlord shall send notice to the last known or reasonably determinable address of the amount of

136 said refund to Tenant. If Tenant does not respond to said notice within sixty days from the sending of the notice,

137 then Landlord may remove the Security Deposit and retain it free from any claim by Tenant or any other person.

138  4. Repairs and Maintenance.

139 Tenant acknowledges that Tenant has inspected the Leased Property prior to the Binding Agreement Date stated herein

140 and acknowledges that it is in a clean, fit, and habitable condition. Tenant acknowledges that all appliances (if present

141 on the Leased Property), including but not limited to the refrigerator, dishwasher, washer, dryer, garbage disposal,

142 heating system, air conditioning system, swimming pool equipment, plumbing, smoke detectors, septic systems, security

143 systems, gas logs, hot water heater, and light fixtures (including ceiling fans) are operable as of the Binding Agreement

144 Date unless otherwise noted herein. Tenant’s taking possession of the Leased Property is evidence that the Leased

145 Property is in a clean, fit, and habitable condition.

146 The following shall be kept in good working order and repair, normal wear and tear excepted, by either the Landlord or

147 Tenant as follows [Check all that apply. The sections not marked shall not be part of this Lease Agreement.]:

148  TENANT LANDLORD TENANT LANDLORD

149 Fence □ □ Light Fixtures □ □

150 Driveway □ □ Exterior walkways □ □

151 Interior Walls □ □ Patio/Porch □ □

152 Carpet/Flooring □ □ Landscaping/Yard □ □

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Swimming Pool □ □ Outbuildings 153 □ □

154 Any item not mentioned herein but existing on the Leased Property (other than furniture, fixtures and personal property

155 of the Tenant) shall be maintained by Landlord during the Lease Term and any extensions or hold-overs thereof.

156 Upon receipt of written notice from Tenant, Landlord shall, within a reasonable time period thereafter, repair all defects

157 in those facilities and systems that are the responsibility of Landlord to maintain in good working order and repair. If

158 Tenant does not perform its maintenance and repair obligations as set forth herein as promptly as conditions require in

159 case of Emergency (as defined herein) or within fourteen (14) days after written notice by Landlord specifying the

160 breach and requesting that Tenant remedy it within that period, Landlord may enter the Leased Property and cause the

161 work to be done in a workmanlike manner and submit an itemized bill for the cost of repairs to Tenant. Tenant shall pay

162 said repair bill at the time that the next Rent payment is due. If Lease Agreement has been terminated, Tenant shall pay

163 repair bill immediately. Tenant shall be responsible for the reasonable costs of any and all repairs made necessary by the

164 negligence or willful misconduct of Tenant (including Tenant’s family members, agents, employees, contractors,

165 licensees, invitees, guests, pets or anyone or anything else under the control of Tenant). In the event that Tenant does not

166 promptly pay for any repairs and/or maintenance required under the Lease following termination of the Lease, Landlord

167 may deduct that amount from the Security Deposit. Tenant agrees to immediately contact Landlord in the event that any

168 malfunction or damage occurs to the heating and air conditioning systems, the plumbing (including hot water heater),

169 septic, electrical or roofing systems.

170  5. Lead Based Paint Disclosure.

171 □ does not apply.

172 □ does apply (Property built prior to 1978 – see attached Lead Based Paint Disclosure for Rental Property).

173  6. Insurance.

174 Landlord shall maintain fire and casualty insurance on the structure of the Leased Property only during the Lease Term

175 and any extensions thereof and shall provide proof of such to Tenant upon request. Tenant shall maintain adequate

176 insurance for their personal property during the Lease Term and any extensions thereof and shall demonstrate as such to

177 Landlord upon request. Landlord shall not be responsible for any damage to Tenant’s property, unless such damage is

178 caused by Landlord’s gross negligence or willful misconduct.

179  7. Holdover and Renewal.

180 Tenant shall provide written notice to Landlord no later than thirty (30) days prior to the end of the Lease Term as to

181 Tenant’s intent to renew or terminate this Lease at the end of the Lease Term. If Tenant wishes to renew the Lease, then

182 Landlord, at his sole discretion, may enter into a new lease agreement with Tenant. If Tenant fails to provide said notice

183 or if Tenant remains in possession of the Leased Property following the Lease Term, a holdover period shall be created.

184 In the event of a holdover period, a month-to-month tenancy shall be created at a new Rent of _____________________

185 dollars ($_________________) per month payable on the first (1st) of each month with the first increased monthly Rent

186 being paid on the first (1st) of the initial month of the holdover period. All other terms and conditions of this Lease shall

187 remain in full force and effect during the month-to-month tenancy and shall continue as such until the termination of

188 such holdover period.

189  8. Application for Lease.

190 As a precondition to the Tenant’s leasing of Leased Property, Tenant agrees to provide, in advance, the information

191 requested in Tenant Information Addendum which is attached hereto and hereby authorizes its verification and obtaining

192 of a credit report. The credit report and employment verification is to be obtained within five to seven days from the

193 date upon which the Tenant Information Addendum has been delivered to Landlord. In the event that the credit report

194 and/or employment verification does not meet with Landlord’s approval or if any of the information provided therein is

195 misleading or untrue, Landlord may, at his discretion, terminate this Lease.

196  9. Property Condition.

197 Tenant agrees to maintain the Leased Property in the same or better condition than it was as of the Binding Agreement

198 Date, normal wear and tear excepted. Tenant further agrees to return possession of the Leased Property to Landlord in

199 the same or better condition as of the Binding Agreement Date and will be held responsible if there is damage to the

200 Leased Property, normal wear and tear excepted, or items included in the Agreement are removed. Tenant agrees not to

201 alter, improve, or make any additions to the Leased Property without the prior written consent of Landlord. Tenant shall

202 remove any and all ashes, rubbish, garbage, and other waste from the Leased Property.

203  10. Rules and Regulations.

204 A. The Leased Property shall only be used as a one family, residential unit;

205 B. Tenant is prohibited from adding, changing or in any way altering the locks installed on the doors of the Leased

206 Property without prior written consent of Landlord. If all keys and garage door openers to the Leased Property are

207 not returned when Tenant vacates the Leased Property, Landlord may charge a re-key charge in the amount of

208 $____________________.

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C. Non-operative vehicles are not permitted on the Leased Property. Any such non-operative 209 vehicle may be removed

210 by Landlord at the expense of Tenant after providing a ten-day written notice posted on such vehicle, and Tenant

211 shall have no right or recourse against Landlord thereafter.

212 D. No goods or materials of any kind or description which are combustible or would increase fire risk shall be kept in

213 or placed on the Leased Property.

214 E. No nails, screws or adhesive hangers except standard picture hooks, shade brackets and curtain rods may be placed

215 in walls, woodwork or any part of the Leased Property.

216 F. Tenant shall not place any objects or personal property in a manner that is inconsistent with the load limits of the

217 Leased Property. Waterbeds, pianos, aquariums and other such heavy furniture or equipment shall only be permitted

218 on Leased Property with written consent of Landlord.

219 G. Boats, trailers, recreation vehicles (RVs), and campers are not permitted on the Leased Property.

220 H. No animals, birds or pets of any kind shall be permitted on the Leased Property without prior written consent of

221 Landlord.

222 I. Tenant will not deliberately or negligently destroy, deface, damage, impair or remove any part of the Leased

223 Property or permit any person to do so.

224 J. Tenant will act and require other persons on the Leased Property to act in a manner that will not disturb the

225 neighbors’ peaceful enjoyment of their property.

226 K. Tenant will not engage in any illegal activity nor permit any other persons on the Leased Property to engage in

227 illegal activity.

228 L. During freezing temperatures, Tenant agrees to take all reasonable steps to protect pipes from freezing.

229 M. Landlord may establish additional reasonable Rules and Regulations concerning the maintenance, use, and operation

230 of the Leased Property. Amendments and additions to the Rules and Regulations shall be effective upon delivery of

231 a copy thereof to Tenant.

232  11. Utilities and Services.

233 Tenant agrees to pay all costs of connecting Utilities (water, electricity, sewer and/or natural gas) and/or Services

234 (including but not limited to garbage pickup, cable or satellite television, telephone service, security alarm service, and

235 internet service), deposits for same and costs of Utilities and/or Services incurred during the Lease Term. Tenant shall

236 cause all accounts to be placed in Tenant’s name no later than the first day of the Lease Term. If Tenant fails to place all

237 Utilities in his/her name within three (3) days of occupancy, then Landlord shall terminate the Utilities if in the name of

238 Landlord. No satellite dishes shall be installed on the Leased Property without the prior written consent of Landlord.

239  12. Fire or Casualty Damage.

240 In the event that the Leased Property is damaged or destroyed by fire or casualty to an extent that the use of the Leased

241 Property is substantially impaired, the Tenant may:

242 (a) immediately vacate the Leased Property, and

243 (b) shall notify the Landlord in writing within fourteen (14) days thereafter of Tenant’s intention to terminate the

244 Lease, in which case the Lease terminates as of the date of vacating.

245 Substantially impaired (“Substantially Impaired”) for purposes of this Lease means that the Leased Property has been

246 deemed unfit for human habitation by a governmental authority. If the Lease is terminated, Landlord shall return all

247 prepaid rents and Security Deposits. Accounting for rent in the event of termination or apportionment is to occur as of

248 the date of the casualty.

249  13. Responsibility of Landlord.

250 During the Lease Term, Landlord agrees to make timely payment of the existing mortgage(s) on subject property and

251 pay all property taxes and association fees, if applicable, when due. If Landlord fails to make such mortgage payments

252 in a timely manner, or to pay all real estate taxes or association fees thereon, Tenant shall have the right to elect to cancel

253 and rescind this Lease Agreement by giving written notice to Landlord of such election and Tenant shall thereupon be

254 entitled to a return of all prepaid rents and the Security Deposit, or in the alternative the Tenant may elect to pay such

255 delinquent mortgage payments to the mortgagee and/or pay any delinquent taxes or association fees on said Leased

256 Property and shall receive full credit for such sums as may be extended by Tenant toward the amount owed to Landlord

257 under the terms of this Lease Agreement. In such case, this Lease Agreement shall remain in full force and effect.

258  14. Sublet and Assignment.

259 Tenant may not sublet the Leased Property in whole or in part or assign this Lease without the prior written consent of

260 Landlord.

261  15. Default.

262 A. Written notice of the following is hereby waived by the Tenant:

263 1. Tenant’s material breach of or noncompliance with Lease;

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2. Tenant’s failure to comply with obligations imposed on Tenant by applicable building 264 and housing codes

265 which materially affects health and safety;

266 3. Tenant’s failure to keep Leased Property in as clean and safe condition as when Tenant took possession

267 which materially affects health and safety;

268 4. Tenant’s failure to dispose of all ashes, rubbish, garbage or other waste to designated collection areas

269 which materially affects health and safety;

270 5. Tenant deliberately or negligently destroying, defacing, damaging, impairing or removing any part of the

271 Leased Property or permitting any other person to do so which materially affects health and safety;

272 6. Tenant engaging in illegal activity on the Leased Property which materially affects health and safety; OR

273 7. Tenant acting or permitting others on the Leased Property (with or without Tenant’s consent) to act in a

274 manner which disturbs the neighbors’ peaceful enjoyment of the premises and materially affects health and

275 safety.

276  B. Notice of Breach or Termination of Lease.

277 In the event that Tenant breaches this Lease and/or engages in any of the conduct contained within paragraph 15.A.

278 above which materially affects health and safety, Landlord may, in Landlord’s sole discretion, elect to do either of

279 the following:

280  1. Notice.

281 In the event that Tenant breaches this Lease and/or engages in any of the conduct contained within paragraph

282 15.A. above which materially affects health and safety, Landlord may, in Landlord’s sole and reasonable

283 discretion, deliver a written notice to Tenant specifically stating the acts and omissions constituting the violation

284 and that the Lease is subject to termination (“Notice of Default”).

285  a. Breach remediable by payment of Rent, cost of repairs, damages or other monetary amounts

286  due.

287 If the breach is remediable by payment of Rent, cost of repairs, damages or any other amount due to

288 Landlord, the Landlord may advise Tenant that he has fourteen (14) days from date of receipt of Notice

289 of Default to remediate the breach. If the breach is not remediated within the fourteen (14) days,

290 Landlord may elect to terminate the Lease on a date not less than thirty (30) days after Tenant’s receipt

291 of Notice of Default. In the event that Tenant is to make repairs to cure the breach, these repairs must

292 be requested in writing by the Tenant and authorized by Landlord prior to making any repairs. These

293 repairs are only allowed in the event that Landlord advises Tenant that prior authorization for repairs is

294 required in the Notice of Default.

295 If the Tenant engages in substantially similar conduct which constituted a prior breach within six (6)

296 months of the previous breach, Landlord may terminate the Lease upon at least fourteen (14) days’

297 written notice documenting the breach and the date of the termination of the Lease.

298  b. Breach not remediable by payment of Rent, cost of repairs, damages or other monetary amounts

299  due.

300 If the breach for which notice was given is not remediable by the payment of Rent, cost of repairs,

301 damages, or any other amount due to Landlord, Landlord may advise Tenant that the Lease shall

302 terminate upon a date not less then thirty (30) days after receipt of the Notice of Default.

303  2. Termination.

304 In the event that Tenant breaches this Lease and/or engages in any of the conduct contained within paragraph

305 15.A. above, Landlord may, in Landlord’s sole and reasonable discretion, terminate this Lease Agreement and

306 proceed with a detainer action for possession of the Leased Property.

307 Election of either option 1 or 2 above does not bind Landlord to take such action in the event of a similar violation in

308 the future.

309 C. In the event that Landlord terminates the Lease, Landlord shall have the right to secure another tenant for the Leased

310 Property. In any event, the Tenant shall remain liable to Landlord for any and all Rent due under the terms of this

311 Lease for the entire Lease Term.

312 D. Abandonment by Tenant is considered a default under the terms of this Lease.

313 E Landlord may recover damages and/or obtain injunctive relief for violation of the terms of this Lease and/or

314 paragraph 15.A above.

315 F. Landlord may recover punitive damages from Tenant for the willful destruction of property caused by Tenant or by

316 any other person on the Leased Property with Tenant’s consent.

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16.  Attorney’s Fees 317  and Court Costs.

318 Tenant agrees to pay all reasonable attorney’s fees together with any court costs and expenses which Landlord incurs in

319 any action for breach of this Lease Agreement or failure to pay Rent.

320  17. Right of Access.

321 Landlord and Landlord’s agents shall have the right to access the Leased Property for inspection; to make necessary or

322 agreed repairs, decorations, alterations, or improvements; to supply necessary or agreed to services; or to exhibit the

323 Leased Property to prospective or actual purchasers, mortgagees, workers or contractors during reasonable hours with

324 Tenant’s consent which shall not be unreasonably withheld. In case of an Emergency, Landlord and Landlord’s agents

325 may enter the Leased Property without Tenant consent. An “Emergency” is a sudden, generally unexpected occurrence

326 or set of circumstances which demands immediate action. If any of the Utilities have been turned off due to no fault of

327 the Landlord, the Landlord and Landlord’s agents may enter the Leased Property in order to make inspection to ascertain

328 any damages to the Leased Property and to make any necessary repairs of damage resulting from the lack of Utilities.

329 Landlord shall also have right of access to Leased Property under the following circumstances: (1) pursuant to a court

330 order; (2) following the fourteen day cure period listed in paragraph 15 herein if Tenant fails to cure default; (3) if the

331 Tenant has abandoned or surrendered the Leased Property; or (4) Tenant is deceased, incapacitated, or incarcerated.

332 Landlord shall also be permitted to enter the Leased Property when reasonably necessary during Tenant absence for

333 more than seven days. The parties hereby agree that the Landlord and Landlord’s agents shall also be permitted to enter

334 the Leased Property beginning thirty (30) days prior to the Agreement’s termination date for the purpose of showing the

335 Leased Property to prospective tenants. Landlord shall give notice (does not necessarily have to be written notice) to the

336 Tenant at least twenty-four (24) hours prior to entry for showing purposes.

337  18. Abandonment.

338 Tenant is required to notify the Landlord in writing of any anticipated absence from the Leased Property in excess of

339 seven (7) days. Notice shall be given on or before the first day of any extended absence. Tenant’s unexplained or

340 extended absence from the Leased Property for thirty (30) days or more without payment of Rent as due shall be prima

341 facie evidence of abandonment. In such event, Landlord may re-enter and take possession of the Leased Property.

342 Tenant’s nonpayment of Rent for fifteen (15) days past the Rent due date combined with other reasonable factual

343 circumstances indicating Tenant has permanently vacated the Leased Property, including, but not limited to, the removal

344 by Tenant of substantially all of Tenant’s possessions and personal effects from Leased Property, or Tenant’s voluntary

345 termination of Utilities to Leased Property, shall also be prima facie evidence of abandonment. Landlord will then be

346 permitted to post notice at the Leased Property and send notice to the Tenant by regular mail, postage prepaid to the

347 address of the Leased Property that:

348 (a) the Landlord has reason to believe that Tenant has abandoned the Leased Property;

349 (b) the Landlord intends to re-enter and take possession of the Leased Property, unless Tenant contacts Landlord

350 within ten (10) days of the posting and mailing of the notice;

351 (c) if Tenant does not contact Landlord within the ten-day period, Landlord intends to remove any and all

352 possessions and personal effects remaining in or on the Leased Property and to re-rent the Leased Property; and

353 (d) if Tenant does not reclaim the possessions within thirty (30) days of Landlord taking possession of the

354 possessions and personal effects, Landlord intends to dispose of Tenant’s possessions and personal effects.

355 Landlord will include a telephone number and mailing address at which he may be contacted in aforementioned notice.

356 If Tenant does not claim personal property within an additional thirty (30) days following Landlord’s re-entry to Leased

357 Property and taking possession of Tenant’s personal property, Landlord may sell or dispose of said personal property and

358 apply the proceeds of said sale to unpaid Rents, damages, storage fees, sale costs, court costs, advertisement and

359 attorney’s fees. Any balances are to be held by the Landlord for the Tenant for a period of six (6) months subsequent to

360 the sale date, and thereafter will become the property of the Landlord.

361  19. Termination for Violence or Threat to Health, Safety or Welfare

362 Notwithstanding any other provision of this Lease, Landlord may terminate this Lease within three (3) days from the

363 receipt of written notice by Tenant if Tenant or any other person on the Leased Property with the consent of Tenant:

364 (a) Willfully or intentionally commits a violent act;

365 (b) Behaves in any manner which constitutes or threatens to be a real and present danger to the health, safety or

366 welfare of the life or property of other tenants or persons on the Leased Property; or

367 (c) Creates a hazardous and unsanitary condition on the Leased Property that affects the health, safety, or welfare

368 or the life or property of other tenants or persons on the Leased Property.

369  20. Notice.

370 Except as otherwise provided herein, all notices and demands required or permitted hereunder shall be in writing and

371 delivered (1) in person, (2) by prepaid overnight delivery service, (3) by facsimile transmission(FAX), (4) by the United

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States Postal Service, postage prepaid, registered or certified return receipt requested or (5) Email 372 (if provided herein).

373 Notice shall be deemed to have been given as of the date and time it is actually received unless otherwise provided

374 herein. Notices shall be provided to the parties at the address shown below, unless otherwise provided by the parties in

375 writing. Landlord designates the party listed below as his agent for service of any and all notices.

376 Landlord Tenant

377 __________________________________________ ___________________________________________

378 __________________________________________ ___________________________________________

379 _____________________, ______ _____________ ____________________, ______ _______________

380 Telephone #: _______________________________ Telephone #: ________________________________

381 Fax # _____________________________________ Fax # ______________________________________

382 E-mail ____________________________________ E-mail _____________________________________

383  21. Notice to Landlord of Repairs Needed.

384 In the event that there is a malfunction or defect in the electrical wiring or fixtures; heating and air conditioning system;

385 plumbing; hot water heater; gas pipes; or any other item which is to be maintained by Landlord as determined herein,

386 Tenant shall immediately notify Landlord in writing so that Landlord may make any required repairs. Tenant agrees that

387 Landlord shall not be liable for any damages resulting from any temporary malfunctions or defects to any of these

388 systems or other appliances on the Leased Property, unless said malfunction is due to the gross negligence or willful

389 misconduct of Landlord. Tenant shall be responsible for the reasonable cost of repairs made necessary by Tenant’s

390 negligence or willful misconduct or Tenant’s failure to pay utility bills.

391  22. Property Management Company.

392 The property management company, if any, of the Leased Property is as follows:

393 Company: ______________________________________________________________________________________

394 Manager: _______________________________________________________________________________________

395 Address: ________________________________________________________________________________________

396 Telephone Number: ____________________________________ Email: ____________________________________

397  23. Condemnation.

398 If all or any part of the Leased Property is taken or appropriated by any public or quasi-public authority under the power

399 of eminent domain, and if the remaining portion of the Leased Property is thereby rendered untenantable or unusable for

400 the purposes herein stated, this Lease shall terminate when the condemning authority takes possession, and any Rent paid

401 for any period beyond possession by the condemning authority shall be repaid to Tenant. Landlord shall receive the

402 entire condemnation award without deduction therefrom for an interest of Tenant in the Leased Property, but Tenant

403 shall have the right to make a separate claim with the condemning authority for, and to receive therefore, (a) any moving

404 expenses incurred by Tenant as a result of such condemnation; (b) any costs incurred or paid by Tenant in connection

405 with any alteration or improvement made by Tenant to the Leased Property; (c) the value of Tenant’s personal property

406 taken; and (d) any other separate claim which Tenant may be permitted to make under applicable law, provided that such

407 other separate claims shall not reduce or adversely affect the amount of Landlord’s award.

408  24. Hold Harmless.

409 Both Landlord and Tenant understand and agree that neither Broker nor licensee for either party is acting in the capacity

410 of a property manager in this transaction unless otherwise stated herein. Furthermore, it is understood and agreed that

411 the real estate firms and real estate licensee(s) representing or assisting the Landlord or Tenant (collectively “Brokers”)

412 are not parties to this Agreement and do not have or assume liability for the performance or nonperformance of Landlord

413 or Tenant. Landlord and Tenant agree that Brokers shall not be responsible for any of the following, including but not

414 limited to those matters which could have been revealed through a survey, flood certification, title search or inspection of

415 Leased Property; for the condition of Leased Property, any portion thereof, or any item therein; for the necessity or cost

416 of any repairs to Leased Property; for hazardous or toxic materials; for the tax or legal consequences of this transaction;

417 for the availability, capability, and/or cost of utility, sewer, septic, or community amenities; for applicable boundaries of

418 school districts or other school information; for the appraised or future value of Leased Property; square footage of

419 Leased Property; any condition(s) existing off Leased Property which may affect Leased Property; and for the uses and

420 zoning of Leased Property whether permitted or proposed. Landlord and Tenant acknowledge that Brokers are not

421 experts with respect to the above matters and that, if any of these matters or any other matters are of concern to them,

422 they should seek independent expert advice relative thereto.

423  25. Brokerage. As specified by separate agreement, Landlord agrees to pay Listing Broker at execution of Lease the agreed

424 upon compensation. The Listing Broker will pay the Selling Broker, from the compensation received, an amount in

425 accordance with the terms and provisions specified by separate agreement. The parties agree and acknowledge that the

426 Brokers involved in this transaction may receive compensation from more than one party. All parties to this Agreement

427 agree and acknowledge that any real estate firms involved in this transaction shall be deemed a third party beneficiary

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F58 – Residential Lease Agreement for Single-Family Dwelling, Page 9 of 10 Version 01/01/2012

and shall have the right to maintain an action on this Agreement for any and all compensations 428 due and any reasonable

429 attorney’s fees and court costs.

430  26. Other Provisions

431  A. Entire Agreement.

432 This Lease shall be for the benefit of, and be binding upon, the parties hereto, their heirs, successors, legal

433 representatives and permissible assigns. This Lease constitutes the sole and entire agreement between the parties

434 hereto and no modification of this Lease shall be binding unless signed by all parties or permissible assigns to this

435 Lease. No representation, promise, or inducement not included in this Agreement shall be binding upon any party

436 hereto. Any permissible assignee shall fulfill all the terms and conditions of this Lease.

437  B. Governing Law and Venue.

438 This Lease is intended as a contract for the lease of residential real property and shall be governed by and interpreted

439 in accordance with the laws and in the courts of the state of Tennessee.

440  C. Time of Essence.

441 Time is of the essence in this Lease.

442  D. No waiver.

443 Any failure of Landlord to insist upon the strict and prompt performance of any covenants or conditions of this

444 Lease or any of the rules and regulations set forth herein shall not operate as a waiver of any such Lease provision or

445 of Landlord’s right to insist on a prompt compliance in the future of such covenant or condition, and shall not

446 prevent a subsequent action by Landlord for any future violation. No provision, covenant or condition of this Lease

447 may be waived by Landlord unless such waiver is in writing and signed by Landlord.

448  E. Terminology.

449 As the context may require in this Lease: (1) the singular shall mean the plural and vice versa; (2) all pronouns shall

450 mean and include the person, entity, firm or corporation to which they relate; (3) the masculine shall mean the

451 feminine and vice versa; (4) the term day(s) used throughout this Lease shall be deemed to be calendar day(s) ending

452 at 11:59 p.m. local time unless otherwise specified in this Lease. Local time shall be determined by the location of

453 the Leased Property; and (5) the term legal holiday shall be January 1; the third (3rd) Monday in January, known as

454 “Martin Luther King, Jr. Day”; the third (3rd) Monday in February, known as “President’s Day”; Good Friday; the

455 last Monday in May, known as “Memorial Day”; July 4th; the first (1st) Monday in September, known as “Labor

456 Day”; the second (2nd) Monday in October, known as “Columbus Day”; November 11th, known as “Veteran’s Day”;

457 4th Thursday in November, known as “Thanksgiving Day”; and December 25th. If a deadline falls on a Saturday,

458 Sunday or legal holiday, the deadline shall roll to the next business day unless otherwise stated herein.

459  F. Equal Housing. This Leased Property is being leased without regard to race, color, sex, religion, handicap, familial

460 status, or national origin.

461  G. Severability.

462 If any portion or provision of this Lease is held or adjudicated to be invalid or unenforceable for any reason, each

463 such portion or provision shall be severed from the remaining portions or provisions of this Lease, and the remaining

464 portions or provisions shall be unaffected and remain in full force and effect and the Lease shall be interpreted so as

465 to bring the Lease into compliance with all applicable laws.

466  27. Method of Execution. The parties agree that signatures and initials transmitted by facsimile, other photocopy

467 transmittal, or by transmittal of digital signature as defined by the applicable State or Federal law will be acceptable and

468 may be treated as originals and that the final Lease Agreement containing all signatures and initials may be executed

469 partially by original signature and partially on facsimile, other photocopy documents, or by digital signature as defined

470 by the applicable State or Federal law.

471  28. Special Stipulations. The following Special Stipulations, if conflicting with any preceding paragraph, shall control:

472

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Copyright 2012 © Tennessee Association of Realtors®

F58 – Residential Lease Agreement for Single-Family Dwelling, Page 10 of 10 Version 01/01/2012

LEGAL DOCUMENTS: This is an important legal document creating valuable rights and obligations. 484  If you have

485  any questions about it, you should review it with your attorney. Neither the Broker nor any Agent or Facilitator is

486  authorized or qualified to give you any advice about the advisability or legal effect of its provisions.

487 The party(ies) below have signed and acknowledge receipt of a copy.

488 _____________________________________________ _____________________________________________

489  TENANT TENANT

490 _______________ at __________ o’clock □ am/ □ pm _______________ at __________ o’clock □ am/ □ pm

491  Date Date

492 The party(ies) below have signed and acknowledge receipt of a copy.

493 _____________________________________________ _____________________________________________

494  LANDLORD LANDLORD

495 _______________ at __________ o’clock □ am/ □ pm _______________ at __________ o’clock □ am/ □ pm

496  Date Date

____________________________________________________________________________________________________

For Information Purposes Only:

_____________________________________________ _____________________________________________

Listing Company Selling Company

_____________________________________________ _____________________________________________

Independent Licensee Independent Licensee

NOTE: This form is provided by TAR to its members for their use in real estate transactions and is to be used as is. By downloading and/or using this form,

you agree and covenant not to alter, amend, or edit said form or its contents except as where provided in the blank fields, and agree and acknowledge that

any such alteration, amendment or edit of said form is done at your own risk. Use of the TAR logo in conjunction with any form other than standardized

forms created by TAR is strictly prohibited. This form is subject to periodic revision and it is the responsibility of the member to use the most recent

available form.

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