RESIDENTIAL LEASE AGREEMENT

(Tennessee)

[// GUIDANCE: This template is drafted for residential tenancies within Tennessee and assumes application of the Tennessee Uniform Residential Landlord and Tenant Act (“URLTA”) at Tenn. Code Ann. § 66-28-101 et seq. URLTA currently governs counties with a population of 75,000+ (based on the 2010 census). For counties not subject to URLTA, common-law rules apply and counsel should adjust provisions accordingly.]

TABLE OF CONTENTS

1. Document Header
2. Definitions
3. Operative Provisions
   3.1 Premises & Term
   3.2 Possession & Delivery Condition
   3.3 Rent; Late Fees; Returned Checks
   3.4 Security Deposit
   3.5 Utilities & Services
   3.6 Use & Occupancy Restrictions
   3.7 Maintenance, Repairs & Habitability
   3.8 Alterations & Fixtures
   3.9 Insurance Requirements
   3.10 Rules & Regulations
4. Representations & Warranties
5. Covenants & Restrictions
6. Default & Remedies
7. Risk Allocation
8. Dispute Resolution
9. General Provisions
10. Execution Block

1. DOCUMENT HEADER

Residential Lease Agreement (this “Agreement”) made and entered into as of [EFFECTIVE DATE] (the “Effective Date”) by and between [LANDLORD LEGAL NAME], a [state & entity type] (“Landlord”), whose notice address is [ADDRESS], and [TENANT LEGAL NAME] (“Tenant”), whose notice address is [ADDRESS] (each a “Party” and collectively, the “Parties”).

Recitals
A. Landlord is the fee simple owner of the residential real property commonly known as [STREET ADDRESS, CITY, COUNTY, ZIP] (the “Premises”).
B. Tenant desires to lease the Premises from Landlord upon the terms and conditions set forth herein, and Landlord is willing to lease the Premises to Tenant in accordance with this Agreement and applicable Tennessee law.
C. The consideration for this Agreement is the mutual promises herein and other good and valuable consideration, the receipt and sufficiency of which are acknowledged.

2. DEFINITIONS

For purposes of this Agreement, the following terms have the meanings indicated below. Capitalized terms used but not defined in a particular section shall have the meanings set forth in this Section 2.

“Applicable Law” – Collectively, (i) the URLTA, Tenn. Code Ann. § 66-28-101 et seq.; (ii) all other Tennessee statutes, county and municipal ordinances, housing codes and regulations governing residential tenancies; and (iii) any federal laws, regulations or executive orders affecting residential housing.

“Business Day” – Any day other than Saturday, Sunday, or a Tennessee-recognized legal holiday.

“Late Fee” – The charge specified in Section 3.3(c).

“Lease Term” – The fixed period described in Section 3.1(a).

“Security Deposit” – The deposit described in Section 3.4.

“Notice” – A written communication complying with Section 9.5.

[Additional defined terms may be inserted as needed.]

3. OPERATIVE PROVISIONS

3.1 Premises & Term

(a) Lease Term. Landlord hereby leases the Premises to Tenant for a term commencing at 12:01 a.m. on [COMMENCEMENT DATE] and expiring at 11:59 p.m. on [EXPIRATION DATE] (the “Lease Term”), unless sooner terminated in accordance with this Agreement or Applicable Law.
(b) Renewal. [Automatic month-to-month / option to renew / no renewal].
[// GUIDANCE: URLTA does not require automatic renewal language, but any holdover converts to month-to-month absent contrary agreement.]

3.2 Possession & Delivery Condition

Landlord shall deliver exclusive possession of the Premises to Tenant in a safe, clean, and habitable condition compliant with Tenn. Code Ann. § 66-28-304. Tenant’s occupancy shall constitute conclusive presumption of receipt in such condition, absent a written exception list signed by Tenant within [3] days of possession.

3.3 Rent; Late Fees; Returned Checks

(a) Base Rent. Tenant shall pay to Landlord monthly rent of $[AMOUNT] (“Base Rent”) in advance on or before the [DAY] day of each calendar month, without notice, demand, deduction, or set-off, at [PAYMENT ADDRESS or EFT INSTRUCTIONS].
(b) Prorated Rent. Rent for any partial month shall be prorated based on a [30-day] month.
(c) Late Fee. If Base Rent is not received by Landlord by [5:00 p.m.] on the [FIFTH] (5th) calendar day after the due date, Tenant shall pay a late fee of [the greater of $50 or 10% of the overdue amount], which shall constitute additional rent.
(d) Returned Check Fee. Tenant shall pay $[AMOUNT] for each check or electronic funds transfer returned unpaid, plus any bank fees.

3.4 Security Deposit

(a) Deposit Amount & Delivery. Upon execution, Tenant shall deposit $[AMOUNT] (the “Security Deposit”) with Landlord, to be held in a separate account. Landlord shall notify Tenant in writing of the financial institution and account number in accordance with Tenn. Code Ann. § 66-28-301(a).
(b) Permitted Uses. Landlord may apply the Security Deposit solely for: (i) unpaid rent; (ii) damages beyond normal wear and tear; and (iii) costs of remedying Tenant defaults.
(c) Return & Accounting. Within 30 days after Tenant surrenders possession (or 60 days if Tenant fails to provide a forwarding address), Landlord shall refund any unapplied balance with an itemized statement of deductions, consistent with Tenn. Code Ann. § 66-28-301(b)–(g).
(d) Liability Cap. Tenant’s aggregate liability for physical damage to the Premises (excluding unpaid rent, fees, and indemnified liabilities) shall not exceed the amount of the Security Deposit, except for damage caused by Tenant’s willful or grossly negligent acts.

3.5 Utilities & Services

Tenant shall activate and pay for all utilities serving the Premises, except [landlord-paid utilities], promptly upon commencement of the Lease Term and keep all accounts current.

3.6 Use & Occupancy Restrictions

(a) Residential Use Only. The Premises shall be used solely for private residential purposes by no more than [#] occupants approved in writing by Landlord.
(b) Prohibited Conduct. Tenant shall not (i) commit waste; (ii) engage in illegal or nuisance activities; or (iii) keep hazardous materials.

3.7 Maintenance, Repairs & Habitability

(a) Landlord Duties. Landlord shall:
  (i) Comply with habitability obligations under Tenn. Code Ann. § 66-28-304;
  (ii) Maintain structural components, plumbing, electrical, HVAC, and supplied appliances in good repair;
  (iii) Keep common areas in safe condition.
(b) Tenant Duties. Tenant shall:
  (i) Keep the Premises clean and sanitary;
  (ii) Dispose of garbage in a safe and clean manner;
  (iii) Use all fixtures and appliances properly;
  (iv) Promptly notify Landlord in writing of any defective condition.
(c) Repairs by Tenant. Except to prevent waste or mitigate further damage, Tenant shall not make any repairs or alterations without prior written consent.

3.8 Alterations & Fixtures

No structural alterations are permitted without Landlord’s prior written consent. All improvements become Landlord’s property upon installation unless otherwise agreed in writing.

3.9 Insurance Requirements

Tenant shall maintain renter’s insurance with minimum liability coverage of $[AMOUNT] per occurrence and name Landlord as an additional insured. Landlord shall maintain property insurance for the building; however, Landlord’s policy does not cover Tenant’s personal property.

3.10 Rules & Regulations

Tenant shall comply with all written rules and regulations promulgated by Landlord and delivered to Tenant, provided such rules are reasonable, uniformly applied, and not inconsistent with this Agreement or Applicable Law.

4. REPRESENTATIONS & WARRANTIES

4.1 Landlord represents and warrants that:
(a) Landlord holds legal title to the Premises and is authorized to enter into this Agreement;
(b) The Premises are, as of the Effective Date, fit for habitation and in material compliance with Applicable Law.

4.2 Tenant represents and warrants that:
(a) Tenant is at least eighteen (18) years old and legally competent;
(b) All information provided on Tenant’s rental application is true, complete, and correct;
(c) Tenant has not been convicted of a violent felony within the past [X] years (if permitted by law).

4.3 Survival. All representations and warranties survive the execution, delivery, and termination of this Agreement.

5. COVENANTS & RESTRICTIONS

5.1 Affirmative Covenants of Tenant. Tenant shall:
(a) Pay rent and all other sums when due;
(b) Maintain the Premises as required by Section 3.7(b);
(c) Allow Landlord reasonable access upon 24 hours’ notice (or as otherwise permitted by Tenn. Code Ann. § 66-28-403) for inspection, repairs, or showing to prospective tenants or purchasers.

5.2 Negative Covenants of Tenant. Tenant shall not:
(a) Harbor pets except as specifically authorized in writing;
(b) Assign this Agreement or sublet the Premises without Landlord’s prior written consent;
(c) Install satellite dishes, security systems, or additional locks without consent.

5.3 Landlord Covenants. Landlord shall comply with Section 3.7(a) and shall not interrupt Tenant’s peaceful possession except as permitted under this Agreement or Applicable Law.

6. DEFAULT & REMEDIES

6.1 Events of Tenant Default. The occurrence of any of the following shall constitute a default:
(a) Failure to pay rent or other sums within [5] days after written notice;
(b) Material breach of any covenant not cured within [14] days after written notice (30 days if non-monetary and not involving health/safety);
(c) Commission of violence or threats creating an imminent threat to health/safety (3-day notice pursuant to Tenn. Code Ann. § 66-28-505(a)(3)).

6.2 Landlord Remedies. Upon default and expiration of any statutory cure period, Landlord may:
(a) Terminate this Agreement by written Notice;
(b) Demand possession and commence a detainer (eviction) action in the [COUNTY] General Sessions Court (housing court) pursuant to Tenn. Code Ann. § 29-18-101 et seq.;
(c) Recover unpaid rent, Late Fees, and damages;
(d) Seek injunctive relief compelling Tenant to vacate (eviction remedy preserved).

6.3 Tenant Default Cure. Tenant may reinstate tenancy by paying all past-due amounts plus Late Fees prior to entry of judgment, subject to Landlord’s statutory rights.

6.4 Attorney Fees & Costs. If either Party prevails in an action arising out of this Agreement, the prevailing Party shall recover reasonable attorney fees and court costs, except where prohibited by Tenn. Code Ann. § 66-28-508.

7. RISK ALLOCATION

7.1 Indemnification (Tenant Use Indemnity)

Tenant shall indemnify, defend, and hold harmless Landlord and its agents from and against any loss, liability, claim, or expense (including reasonable attorney fees) arising out of Tenant’s use, occupancy, or conduct on the Premises, except to the extent caused by the gross negligence or willful misconduct of Landlord.

7.2 Limitation of Liability (Security Deposit Cap)

Landlord’s liability for damage to Tenant’s personal property shall be limited to the amount of the Security Deposit, except for damages resulting from Landlord’s gross negligence or willful misconduct.

7.3 Force Majeure

Neither Party shall be liable for failure to perform obligations (other than payment of money) when such failure is due to causes beyond its reasonable control, including natural disasters, war, terrorism, or governmental orders (“Force Majeure Event”), provided the affected Party gives prompt Notice and resumes performance as soon as practicable.

8. DISPUTE RESOLUTION

8.1 Governing Law. This Agreement and any dispute hereunder shall be governed by the residential landlord-tenant law of the State of Tennessee, without regard to conflicts-of-law principles.

8.2 Forum Selection. The Parties consent to exclusive jurisdiction of the [COUNTY] General Sessions Court—Housing Division (or successor “state_housing_court”) for all proceedings arising out of this Agreement.

8.3 Arbitration. The Parties expressly exclude arbitration.

8.4 Jury Waiver. Nothing herein shall be construed to waive either Party’s constitutional right to a trial by jury where such right exists under Tennessee law.

8.5 Injunctive Relief. Landlord’s right to seek injunctive or equitable relief, including detainer actions for eviction, is expressly preserved and shall not be subject to any bond requirement beyond that mandated by statute.

9. GENERAL PROVISIONS

9.1 Amendments & Waivers. No modification of this Agreement shall be effective unless in writing and signed by both Parties. Waiver of any breach shall not be deemed a waiver of any subsequent breach.

9.2 Assignment & Subletting. Tenant may not assign this Agreement or sublease the Premises without Landlord’s prior written consent, which may be withheld in Landlord’s sole discretion.

9.3 Successors & Assigns. Subject to Section 9.2, this Agreement binds and benefits the Parties and their respective heirs, successors, representatives, and permitted assigns.

9.4 Severability. If any provision is held invalid, the remaining provisions shall remain in full force, and the court shall reform the invalid provision to the extent necessary to comply with Applicable Law while effectuating the Parties’ intent.

9.5 Notices. All Notices shall be in writing and delivered (i) personally; (ii) by certified U.S. mail, return receipt requested; or (iii) by a nationally recognized overnight courier, to the addresses stated in the Document Header or such other address a Party designates by Notice. Notices shall be effective on receipt or the date of first refusal. Electronic mail is not sufficient for legal Notices unless expressly agreed.

9.6 Integration. This Agreement (including any attached addenda, schedules, and rules) constitutes the entire agreement of the Parties and supersedes all prior negotiations or understandings.

9.7 Counterparts; Electronic Signatures. This Agreement may be executed in counterparts, each of which shall be deemed an original. Facsimile, PDF, or electronic signatures are binding to the same extent as originals.

10. EXECUTION BLOCK

IN WITNESS WHEREOF, the Parties hereto have executed this Residential Lease Agreement as of the Effective Date.

Notary Acknowledgment (if required)
State of Tennessee
County of [COUNTY]

On this ___ day of _, 20_, before me, the undersigned Notary Public, personally appeared ______, proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to this instrument, and acknowledged that he/she/they executed the same.

Notary Public
My commission expires: _______

[// GUIDANCE:
1. Attach any mandatory state/federal disclosures (e.g., lead-based paint for pre-1978 properties, bedbug disclosure where applicable).
2. Insert county-specific notices (e.g., Nashville/ Davidson codes) as addenda.
3. Counsel should confirm local population thresholds for URLTA applicability and adjust Section references if leasing in a non-URLTA county.
4. Review late-fee structure for compliance with any municipal caps or evolving regulatory guidance.
]