4023 DARWIN WAY LEASE AGREEMENT
RESIDENTIAL LEASE AGREEMENT
1. PARTIES. The parties to this Lease are Southland Properties, LLC (hereinafter referred to as “Landlord”), as agent for Smithbilt Communities, LLC, and (hereinafter referred to as “Tenant”). They have executed this Residential Lease Agreement (this “Lease”) effective as of March 2, 2021 (the “Effective Date”).
2.1 Location. Landlord hereby leases and rents to Tenant, and Tenant hereby takes as tenant, certain real property commonly known as 4023 Darwin Way, Knoxville, Tennessee 37918-5187 (hereinafter referred to as the “Premises”). The Premises containing one dwelling, situated on land commonly known as Knox County Tax Parcel 048-DF00114 (collectively, the “Property”).
2.2 Purpose. The Premises is to be used by Tenant solely as a single-family private residence and for no other purpose. Tenant shall not operate a business in or from the Premises or the Property. Tenant shall not engage in or use the Premises or the Property for unlawful or illegal purposes and shall not engage in or permit any unlawful or illegal activities in the Premises or on the Property.
3.1 Initial Term. The initial term of this Lease shall be for months, beginning on , and ending on , inclusive.
3.2 Possession. Landlord shall deliver possession of the Premises on the first day of the term hereof. If, for any reason, Landlord fails to deliver the Premises ready for occupancy on the date the term is to begin, this Lease will nevertheless remain in full force and effect; provided that Tenant’s obligation to pay rent shall begin when possession of the Premises is delivered to Tenant. If possession is not delivered to Tenant within seven (7) days of the commencement of the initial term hereof, Tenant may terminate this Lease. Landlord shall have no liability to Tenant due to any delay in delivery of possession.
3.3 Vacating the Premises. Tenant shall advise Landlord in writing thirty (30) days in advance of its intent to vacate the Premises at the expiration of this Lease, or any extension thereof. Tenant shall be obligated to return the Premises broom clean and in good condition, ordinary wear and tear excepted. Major scuff marks and stains on the walls, floors or ceilings shall not be considered normal wear and tear, and any repair or repainting necessitated by such marks or stains shall be at Tenant’s expense.
3.4 Renewal Provisions. It is understood and agreed that this Lease shall terminate on the last day of the term hereof; provided, however, that, unless a party gives the other party written notice of a desire to cancel or modify the terms hereof at least thirty (30) days prior to such date, this Lease will renew on a month-to-month basis beginning from the end of the term hereof, and shall continually thereafter serve to renew this Lease for successive periods of one (1) month upon all of the terms and conditions contained herein.
4.1 Rent. Tenant shall pay to Landlord an aggregate total annual rent of as follows: (i) upon execution of this Lease, an amount equal to for the first month’s rent; and (ii) beginning on the first (1st) day of the following month, equal monthly installments of rent in the amount of , each. Partial payments are not acceptable as payment of rent. Time is of the essence of this Lease and Tenant shall pay the rent when due, without deduction or set-off for any reason. TENANT EXPRESSLY WAIVES ANY AND ALL REQUIREMENTS FOR WRITTEN NOTICE OR DEMAND FOR NON-PAYMENT OF RENT. Rent shall be payable to Southland Properties, LLC at 244 N. Peters Road, Knoxville, Tennessee 37923, or such other address of Landlord as specified in a subsequent written notice to Tenant.
4.2 Late Penalty. Except for the first month’s rent, which shall be due and payable on the Effective Date, rent is due on the first (1st) day of each month. Tenant agrees that a Twenty-Five Dollar ($25.00) late penalty will be added to the monthly installment of rent if payment is not received by Landlord by 5:00 p.m. on the fifth (5th) of each month, and an additional penalty of One Dollar ($1.00) per day will be due and owing to Landlord for each additional day after the fifth (5th) day of each month that rent is delinquent; provided, however, that the maximum late penalty shall not exceed ten percent (10%) of the amount of rent past due. If Tenant pays the rent by check and the check is not honored on presentation for any reason whatsoever, Tenant agrees to pay a service charge of Thirty Dollars ($30.00). This charge is not to be considered part of the late penalty nor a waiver or relinquishment of any of the other rights or remedies of Landlord. After a check is dishonored, rent may only be paid in cash, or by cashier’s check or money order.
4.3 Rent Increases. Landlord reserves the right to increase rent at any time after the expiration of the initial term set forth in Section 3.1 upon thirty (30) days written notice to Tenant. Upon giving such notice, Tenant shall have the option of either paying the rent increase or terminating this Lease Agreement by giving Landlord thirty (30) days written notice and vacating the Premises.
5. SECURITY DEPOSIT. Landlord acknowledges receipt of as a non-interest-bearing security deposit for full and faithful performance by Tenant of all the terms of this Lease. If all rents are paid and the Premises are returned to Landlord in accordance with Section 3.3, the security deposit shall be refunded in full. Otherwise, Landlord may charge unpaid rent and/or the estimated cost of cleaning and/or repairing the Premises against the security deposit. Before retaining a portion of the security deposit, Landlord shall attempt to provide Tenant with a written list of any damage or unacceptable condition in accordance with Tenn. Code Ann. § 66-28-301. Application of the security deposit to satisfy the cost of repairing damages shall not prohibit Landlord from claiming damages in excess of the deposit. The security deposit provided for in this paragraph shall be placed in an account used only for that purpose with First Tennessee Bank in Knoxville, Tennessee.
6. CONDITION OF PREMISES. Tenant acknowledges that it has examined the Premises and accepts the same as being in good order and repair, “AS IS”. Tenant shall not cause any waste, damage or injury to the Premises. Tenant is and shall be responsible and liable for any injury done to the Premises, interior or exterior. Tenant will be responsible for the repair or replacement of appliances, fixtures, or mechanical systems damaged by intentional act or gross negligence of Tenant. Landlord may recover punitive damages as a result of the willful destruction of the Property by Tenant.
7. ALTERATION, ADDITIONS, IMPROVEMENTS.
7.1 Consent Required. No alteration, addition, or “improvement” to the Premises shall be made by Tenant without the written consent of Landlord. Without limiting the generality of the foregoing, Tenant hereby agrees that Tenant shall not, without Landlord’s prior written consent, which may be withheld for any or no reason in its sole discretion: (i) install, glue, or otherwise attach any items to the walls or doors of the Premises; (ii) install curtains or other coverings, or place any reflecting coating or film, on any of the windows; (iii) install carpeting on the Premises; (iv) change or remove any equipment or appliance placed on the Premises by Landlord; (v) paint the interior or exterior walls of the Premises or the Property; or (vi) place any signs or banners on the Property or in any window of the Premises.
7.2 Return to Original Condition. Any alteration, addition, or improvement made by Tenant with or without Landlord’s consent shall, at Landlord’s option, become the property of Landlord upon the expiration or sooner termination of this Lease; provided, however, that Landlord shall have the right to require Tenant to remove such alterations, additions, or improvements at Tenant’s cost upon such termination of this Lease, and return the Premises to its original condition.
8. REPAIR AND MAINTENANCE OF THE PREMISES.
8.1 Tenant’s Obligations. Tenant agrees to keep and maintain the Premises in the same condition as received, normal wear and tear excepted. Tenant shall maintain the Premises, including all equipment, appliances, furniture, furnishings, and personal property therein in a clean, safe, and sanitary manner. Tenant hereby agrees to use any appliances and equipment provided by Landlord as designed by the manufacturer and to follow the instructions in the applicable owner’s manuals, copies of which have been provided to Tenant. Without limiting the generality of the foregoing, Tenant shall be responsible for the maintenance and repair of (i) damage caused by the intentional act or gross negligence of Tenant or Tenant’s guests or invitees; (ii) replacement of light bulbs and/or HVAC filters; (iii) window and/or carpet cleaning during the term of the Lease; (iv) toilet or sink drainage, unless due to a plumbing defect; (v) window or door glass breakage not caused by wind, storm, hail, or other natural occurrence, or due to a structural defect; (vi) damage to plumbing resulting from Tenant’s failure to protect the plumbing against freezing; (vii) door knobs; (viii) insect and pest control first arising during the term of the Lease; and (ix) fire extinguishers and smoke detectors. Landlord shall have the option of repairing any item for which Tenant is responsible and to collect the expense of same as additional rent.
8.2 Landlord’s Obligations. Landlord shall be responsible for repairs to the Premises, except for repairs required to be performed by Tenant in accordance with Section 8.1, above. Landlord assumes no responsibility to Tenant or any third-party for any repairs until Tenant has notified Landlord in writing and Landlord has had a commercially reasonable length of time thereafter in which to make said repairs. Landlord shall not provide or maintain alarm or security systems on the Premises.
8.3 Delayed Repairs. It is expressly understood and agreed that whenever repairs to be made by Landlord shall be delayed because of factors beyond its control, the obligation of Landlord shall not be affected whatsoever thereby, nor shall any claim accrue to Tenant against Landlord, or its assigns by reason thereof.
9. SERVICES AND UTILITIES.
9.1 Utilities. Tenant shall pay the charges for all utilities used by Tenant on the Premises, including, electric, gas, water, and sewer. Tenant shall have two (2) business days after the commencement date of this Lease to transfer all applicable utilities into Tenant’s name. If Tenant fails to do so, Landlord hereby reserves the right to issue cut-off orders to the applicable utility companies. Tenant shall not make or allow changes to existing utilities without the express written consent of Landlord, which may be withheld for any or no reason in Landlord’s sole discretion.
9.2 Trash Removal. Tenant shall keep the Premises, and the exterior of the Premises, free and clear of trash. Tenant shall be responsible for all trash disposal.
9.3 Cable and Telephone. Tenant shall pay the charges for any cable and telephone services on the Premises, including the cost of installation and access. Tenant hereby agrees to indemnify and hold Landlord harmless from and against any and all liabilities, claims, demands, damages, actions and causes of action asserted by or on behalf of any person or entity (whether legal or equitable in nature and including, without limitation, court costs and reasonable attorney’s fees) to which Landlord may be subject or incur, arising out of, caused by, or otherwise relating to the installation and connection of any cable and telephone services on the Premises. Landlord hereby reserves the right to remove any and all telephone, telecommunication, satellite, and or cable equipment from the Premises or the Property if Landlord deems them to be unsafe or present a hazard to other tenants of the Property or to Landlord, Landlord’s agents, employees, invitees, or other persons being on or about the Premises or the Property.
9.4 Limitation of Liability. Landlord shall not be liable for (i) any failure, damage, loss, or injury to Tenant or third-parties, or their respective property, resulting from any interruption to utility services provided by any local utility company on or to the Premises; or (ii) damage to Tenant’s personal property caused by storms or other weather disturbances, or by water, rain, or snow that may leak or flow from the street, sewer, gas lines, surface area, or from any part of the Property.
10. INSURANCE. TENANT SHALL BE RESPONSIBLE FOR CARRYING TENANT’S OWN PERSONAL PROPERTY AND RENTER’S INSURANCE. Landlord is not responsible for and does not provide fire, casualty, theft, or other type of insurance on Tenant’s personal property; therefore, Tenant is advised to obtain insurance coverage for its own protection.
11. FIRE AND OTHER CASUALTY DAMAGE. In case of damage by fire or other casualty to the Premises so extensive as to render the Premises untenantable, this Lease may be terminated at the option of either party upon fourteen (14) days written notice, whereupon the rent shall be apportioned to the time of the damage. If the Premises are damaged by fire or other casualty and the parties elect to continue the Lease, Landlord shall repair the damage with reasonable dispatch, and if the damage has rendered the Premises untenantable, in whole or part, there shall be an abatement and/or apportionment of the rent until the damage has been repaired. In determining what constitutes reasonable dispatch, consideration shall be given to delays caused by strikes, adjustment of insurance, and other causes beyond Landlord’s control. Provided, however, Landlord reserves all rights and remedies against Tenant to the maximum extent allowed by applicable law for fire or other damage caused by Tenant.
12. LANDLORD’S RIGHT OF ACCESS TO THE PREMISES. Landlord may, with Tenant’s prior consent, which shall not be unreasonably withheld or delayed, enter the Premises at any reasonable time to inspect, repair, or maintain it, or to show the Property to a prospective purchaser, lender, insurance agent, or, in case either party has given notice to terminate the Lease, to show the Premises to prospective tenants. Landlord shall have the right enter the Premises without prior notice, and to authorize entry into the Premises by fire, police, or other appropriate personnel, in the event of actual or apparent emergency.
13. RULES, REGULATIONS, AND RESTRICTIONS. Tenant shall abide by any and all rules, regulations, and restrictions in effect on the Property from time to time, whether promulgated before or after the execution hereof. Landlord hereby reserves all rights to promulgate additional reasonable rules, regulations, and restrictions during the term of this Lease. Without limiting the generality of the foregoing, Tenant hereby agrees as follows:
13.1 Pets. No pets or animals of any kind may be kept on the Premises at any time without Landlord’s prior written consent. Violation of this provision shall constitute default and grounds for termination of this Lease.
13.2 Patio. Except for typical deck or patio furniture, Tenant shall not place or store any items on the Premise’s deck or patio, or where it can be seen from outside the Premises. Landlord hereby reserves the right to remove, at Tenant’s expense, any items in violation of this Section 13.2 without prior notice to Tenant.
13.3 Snow Removal. Tenant shall not place any salt or snow and ice dissolving product(s) on the porches, patios, steps, sidewalks, driveways, parking lots, or landscaped areas of the Premises or the Property.
13.4 No Smoking. The Premises and the Property are a non-smoking area. Tenant shall not smoke, and shall prevent all of its guests and invitees from smoking, on the Premises and the Property.
13.5 Quiet Enjoyment of other Tenants. Tenant shall act, and shall require all other persons in the Premises or on the Property with Tenant’s consent to act, in a manner that will not disturb any other tenant’s peaceful enjoyment of the Property.
14.1 Apartment Keys. It is the responsibility of Tenant, if Tenant so chooses, to change the door locks and keys, in which case Tenant shall provide Landlord with a duplicate key. Upon termination of this Lease, Tenant shall return all keys to Landlord, whether Tenant has changed the locks or not, and including the mailbox key. If Tenant does not return these keys to Landlord, Tenant shall be charged for the re-keying all of the doors of the Premises.
14.2 Mailbox Key. N/A
14.3 Vehicle Maintenance. Tenant shall not perform any automotive repair or maintenance on the Property at any time.
15.1 Authorized Vehicles. N/A
15.2 Unauthorized Vehicles. Tenant shall not leave any “unauthorized vehicles” on the Property at any time. “Unauthorized vehicles” are defined as large trucks, campers, trailers, boats, or nuisance or disabled automobiles. If Landlord determines, in Landlord’s sole discretion, that Tenant has unauthorized vehicle(s) on the Property and/or Tenant’s use of the Premises is causing a problem with parking, Landlord can terminate this Lease by giving Tenant thirty (30) days’ prior written notice of the date of termination.
16. EVENTS OF DEFAULT. The occurrence of any of the following shall constitute an event of default:
16.1 Delinquency in the due and punctual payment of any rent payable under this Lease when such rent shall become due and payable. Pursuant to Tenn. Code Ann. § 66-28-505(b), Tenant waives any requirement for notice of default in the event rent is not paid within the grace period provided in Section 4.2, above.
16.2 Tenant’s material non-compliance with any of the terms, conditions, and obligations of this Lease (other than the covenant for the payment of rent) and/or obligations of Tenant under the Uniform Residential Landlord and Tenant Act as adopted in Tennessee.
16.3 Committing a violent or unlawful act or behaving in a manner constituting or threatening 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 or the Property.
17. REMEDIES UPON TENANT’S DEFAULT. The occurrence of any of the events of default as listed in Section 16 (Events of Default) shall give Landlord the following remedies:
17.1 Upon occurrence of an Event of Default listed in Section 16.1, above, Landlord shall have the option and right to immediately terminate this Lease.
17.2 Upon the occurrence of any Event of Default listed in Section 16.2, above, if such default is not cured within fourteen (14) days after written notice thereof given by Landlord to Tenant, Landlord may terminate the Lease. If substantially the same act or omission of which notice was given recurs within six (6) months, Landlord may terminate this Lease upon seven (7) days written notice specifying the breach and the date of termination.
17.3 Upon the occurrence of an Event of Default listed in Section 16.3, above, Landlord may terminate this Lease within three (3) days from the date written notice specifically detailing the violation(s) committed is delivered to Tenant.
17.4 Upon termination of this Lease, Tenant shall peaceably surrender the Premises to Landlord and vacate said Premises paying the required rent and other sums due hereunder and leaving said Premises in good order and repair in accordance with Section 3.3. Upon termination, should Tenant fail or refuse to surrender the Premises, pay the required rent or other sums due hereunder, then Landlord shall be entitled to recover from Tenant immediate possession, rent, and damages by bringing an action in any court of competent jurisdiction.
17.5 In addition to the rights and remedies afforded Landlord under the terms of this Section 17, Landlord is specifically authorized to pursue any and all rights which it may have under law or equity, including the terms of the Uniform Residential Landlord and Tenant Act as adopted in the State of Tennessee, and all amendments, changes and modifications thereto.
17.6 The specific remedies available to Landlord in this Section 17 are cumulative and are not intended to be exclusive of any other remedies or means of redress to which Landlord may be lawfully entitled in case of any default or threatened default by Tenant of any provision or provisions of this Lease.
18. ABANDONMENT. Tenant’s unexplained and/or extended absence from the Premises for thirty (30) days or more without payment of rent as due shall be prima facie evidence of abandonment. In case of abandonment, Landlord is hereby expressly authorized to reenter and take possession of the Premises, and remove and store all personal items belonging to Tenant in accordance with the Uniform Residential Landlord and Tenant Act as adopted in Tennessee.
19. REMOVAL OF PERSONAL PROPERTY. At the expiration or upon the earlier termination of this Lease for any reason, Tenant shall remove all personal property or things from the Premises. Any personal property then remaining upon the Premises shall be treated by Landlord as abandoned property and Landlord may dispose of said property pursuant to the provisions of Tennessee Code Annotated §66-28-405, which is specifically incorporated herein by reference.
20. NOTICES. Any notice which either party may or is required to give shall be considered given or served (i) when delivered, if personally delivered to the other party in writing, (ii) three (3) days after such notice is deposited with the United States Postal Service, if it is sent by USPS, postage prepaid certified return receipt requested, or (iii) the following day, if sent by overnight mail by a reputable national overnight carrier such Federal Express, in each case sent to Tenant at the Premises or to Landlord at 244 N. Peters Road, Knoxville, Tennessee 37923, or at such other places as may be designated by the parties in writing from time to time. Whenever the last day for the exercise of any privilege or the discharge of any duty hereunder shall fall upon a Saturday, Sunday, or any public or legal holiday, the party having such privilege or duty shall have until 5:00 p.m. on the next succeeding business day to exercise such privilege or to discharge such duty.
21. ATTORNEY’S FEES. Should Landlord deem it necessary or appropriate to retain an attorney for the collection of rent, damages, or to enforce or defend any provision of this Lease, Tenant agrees to pay, in addition to its other obligations hereunder, all expenses, including but not limited to court costs and the attorney’s fees of Landlord.
22. AUTHORIZED OCCUPANTS. It is agreed that the Premises may only be occupied by the persons listed by Tenant in their application and their dependents. Occupancy of the Premises by any person other than those named in said leasing application shall constitute, at Landlord’s option, a default under the terms and conditions of this Lease. Any change of the above-named occupants must be approved in writing by Landlord prior to occupancy. Each occupant of the Premises as tenant (and their dependents) is jointly and severally liable for the timely payment of rent and all other covenants of this Lease.
23. EMINENT DOMAIN. If the Premises or any part thereof be taken by eminent domain, this Lease shall, at Landlord’s option, terminate. Tenant shall have no claims against any awards made to Landlord by reason of any taking by eminent domain.
24. ASSIGNMENT. Tenant shall not have the right or authority to sublease the Premises or any part thereof, or to transfer or assign this Lease without the express written consent of Landlord. Any attempt to sublease or assign without Landlord’s consent is null and void. In the event Tenant obtains Landlord’s written permission to sublet or assign, no such subletting or assignment shall relieve Tenant of its obligations under this Lease. Tenant agrees that should the Premises be sold, or title thereto transferred or conveyed, or should this Lease be assigned, then Landlord shall be released and discharged from all of the covenants and obligations of Landlord hereunder, and thereafter Tenant’s rights and remedies for any breach of obligations imposed upon Landlord shall be against the person, firm, or corporation succeeding to the rights of Landlord.
25.1 Application. Tenant’s application is a part of this Lease, incorporated herein by this reference, and made part hereof. Any misrepresentations or misleading or false statements made by Tenant may, at the option of Landlord, void this Lease.
25.2 Entire Agreement. This Lease, together with the leasing application and rules and regulations which are incorporated herein by reference and constitute the Lease documents, contains the entire agreement and understanding between the parties. There are no oral understandings, terms, or conditions and neither party has relied upon any representation, express or implied, not contained in this Lease. All prior understandings, terms, and conditions are deemed merged in this Lease. This Lease cannot be changed or supplemented except by an agreement in writing and signed by the party against whom enforcement of any waiver, change, modification, or discharge is sought. This Lease shall be null and void and of no force and effect unless it is signed by Landlord and Tenant. This Lease may be signed in counterparts.
25.3 Indemnification. Tenant hereby agrees to indemnify and hold harmless Landlord for any damage or injury to the Premises, to any person on the Premises, or to any other occupants, guests, or invitees on the Property arising from any act of omission of Tenant.
25.4 Severability. If any provision of this Lease shall be declared invalid or unenforceable, the remainder of the Lease shall continue in full force and effect.
25.5 Binding Effect. The covenants, terms, conditions, provisions and undertakings in this Lease or any renewals thereof shall extend to and be binding upon the heirs, executors, administrators, successors and assigns of the respective parties hereto, as if they were in every case named and expressed.
25.6 Waiver. Neither Landlord’s failure to insist upon the strict performance of any term or condition of this Lease, or to exercise any right or remedy available upon the breach or default thereof, nor Landlord’s acceptance of partial rent during the continuance of any such breach or default shall constitute a waiver of any such breach or default or a modification or amendment of this Lease, unless Landlord has executed and delivered to Tenant a written instrument expressly granting such waiver or modification. No waiver of any breach shall affect or alter any term or condition of this Lease, and each such term or condition shall continue in full force and effect with respect to any other then existing or subsequent breach or default thereof.
25.7 Captions; Interpretation. The numbered captions appearing herein are inserted only for convenience of the parties and in no way define, limit, construe, or describe the scope of such paragraphs, or in any way affect this Lease. It is agreed that while the singular pronoun only is used in the foregoing agreement, it shall be construed as either masculine, feminine, or neuter, and as either singular or plural, as might be applicable to the parties to this agreement.
25.8 Applicable Law. This Lease shall be governed by the laws of the State of Tennessee particularly the Uniform Residential Landlord Tenant Act (the “Act”) the terms of which are incorporated herein by reference; provided, however, to the extent permitted by the Act, if a conflict exists between the Act and the terms of this Lease, the terms of this Lease shall control.
26. SPECIAL CONDITIONS.
THE UNDERSIGNED CERTIFY THAT THEY HAVE READ, OR HAVE HAD READ TO THEM, ALL OF THE ABOVE LEASE AND UNDERSTAND THAT ANY VIOLATION OF ANY PART OF THIS LEASE WILL CONSTITUTE A BREACH OF THE LEASE.
IN WITNESS WHEREOF, the parties, having capacity and authority to so act, have executed this Lease the day and year first written above.
Southland Properties, LLC
a Tennessee limited liability company
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Document Name: 4023 DARWIN WAY LEASE AGREEMENT
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