Most Commonly Used Tennessee Lease Agreements
The most commonly used Tennessee lease agreements are a standard residential lease agreement, a month to month lease agreement, a roommate agreement, a sublease agreement, a lease to own agreement, and a commercial lease agreement.
The most commonly used Tennessee lease agreements rely on the same elements. Yet, they still have their own features. Here are a couple of examples.
- A roommate agreement is a variation of a residential lease. In addition to containing the elements found in a residential lease, it also designates which areas of the rental are for the sole use of the roommate and which areas can be used by any of the occupants.
- A standard residential lease agreement is generally written for a term of one year. When that year ends, the lease may automatically renew for another year or it may convert to a month-to-month lease. Both a month-to-month lease and a standard residential lease have many similarities. One of the most common is the inclusion of a required 30-day written notice to move out at the end of the agreement if either party does not plan to renew the lease agreement.
How to Write a Tennessee Lease Agreement
Tennessee lease agreements must adhere to Tennessee’s landlord-tenant laws or they cannot be enforced. There are other laws that must also be considered. You’ll learn more about some of those under the sections related to disclosures and security deposits.
Because a lease agreement is a legally binding contract, it is important that you read it before you sign it. You can also choose to have it reviewed by an attorney before you sign it.
A Tennessee lease agreement should include the following information:
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Names of the Parties - This is the landlord’s legal name or the legal business name of the property management company as well as the legal name of the tenant(s).
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Property Address - This is the full street address of the rental property. It should include the city, zip code, and, if there is one, any unit number or lot number.
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Term Information - This is the type of lease agreement the parties agree to enter into together. For example, a month-to-month lease or a fixed term. A fixed-term lease means that the parties agree that the tenant will hold possession of the property for a certain amount of time, usually one year. If it is a fixed lease, this section should include the date that the lease will end.
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Rental Amount - This section includes the date that the lease will begin, the amount of the monthly rent, the day of the month that rent is due, and the address where the rent may be paid.
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Late Fee - This section documents the amount of the fee that is due if the rent is not paid on time.
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Security Deposit - This is the amount of money the tenant must pay before they are allowed to take control of the property. A security deposit is used to repair damages caused by the tenant.
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Initial Payment - This is the total amount of money the tenant must pay to move into the rental. It includes the amount of the first month’s rent, the security deposit, and the two numbers added together.
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Occupants - This section includes the legal name of each tenant even if they are a minor or are not signing the lease. This part of a Tennessee residential lease agreement establishes who will live in the residential property. For commercial space leases, it designates those with permission to use the space. If the presence of additional occupants changes the price of the rent, it should be included in this section.
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Utilities - This section explains which utilities or services a tenant does not pay.
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Parking - This section informs the tenant if they will receive a parking space. If a parking space is reserved and there is also a designated spot, this should be noted in this section.
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Furnishings - This section explains what the tenants may install, such as a washing machine or dishwasher, or what they may not install. If the tenant is not allowed to bring their own appliances, that should be designated in this section.
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Notices - This section documents the names of the landlord or property manager and the tenant along with their full mailing address. This information is used if one party must send a notice to the other party.
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Eviction - This informs tenants how eviction would proceed if nonpayment of rent or a breach of other lease terms occurs.
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Additional Terms - This section lists any other terms the parties agreed to that aren’t included in any other section of the lease agreement.
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Signature and Date - The lease agreement must be signed and dated by the parties.
Which Disclosures Belong in a Tennessee Lease Agreement?
Tennessee landlords are required to disclose the identity of any agent allowed onto the premises. They must also provide an address for legal notices. Landlord-tenant law requires landlords to give at least 24 hours of notice to the tenant to show the property before the end of the lease. However, for the landlord to have the power to show the property while the tenant is still residing on the property, that must be listed specifically in the lease.
Finally, if the residential property was constructed in or prior to 1978, federal law requires the landlord to provide the tenant with a lead paint disclosure.
What You Need to Know About Tennessee Lease Agreement Deposits
There is no state law that caps the amount the landlord can request as a security deposit. The security deposit must be returned to the tenant within 30 days of the end of the lease.
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