Nicole 1
Nicole 1
Nicole 1
This Tennessee Month-to-Month Lease is entered by and between SHERRI SMITH and NICOLE
DANIELLE SHIPMAN on 10th February 2024. This Lease creates joint and several liabilities in
the case of multiple Tenants. The Parties agree as follows:
PREMISES: Landlord hereby leases the premises at 324 Victory Ave, Dyersburg, in the County
of Dyer in the State of Tennessee with the ZIP code of 38024 to Tenant.
LEASE TERM: The Lease will start on 10th February 2024 and will continue as a month-tomonth
tenancy. In accordance with the State Statutes to terminate tenancy the Landlord or Tenant must
give the other party a written one (1) months’ notice of Lease non-renewal. The Tenant may only
terminate their Lease on the last day of any month and the Landlord must receive a written
notification of non-renewal at least 15 days prior to the last day of that month. If the Tenant plans
to leave on or after the first of any month, they are responsible for that month’s full rent. If the
Tenant does not provide the Landlord with a written 15 days’ notice, they shall forfeit their full
deposit amount.
LEASE PAYMENTS: Tenant agrees to pay to Landlord as rent for the Premises the amount of
$800.00 each month in advance on the 1st day of each month. If the Lease Term does not start on
the 1st day of the month or end on the last day of a month, the first and last month’s rent will be
prorated accordingly.
LATE CHARGES: Rent is due on the 1st of each month. If any or all of the rent is not received
by the 10th of the month, $15 per day will be charged as late fees until full rental payment is
received. If rent is not received by the 15th of the month, Tenant will be considered in breach of
the Lease Agreement and eviction proceedings will be initiated.
SECURITY DEPOSIT: At the signing of this Lease, Tenant shall deposit with Landlord, in trust,
a security deposit of $400.00 as security for the performance by Tenant of the terms under this
Lease and for any damages caused by Tenant, Tenant’s family, agents and visitors to the Premises
during the term of this Lease. Landlord may use part or all of the security deposit to repair any
damage to the Premises caused by Tenant, Tenant’s family, agents and visitors to the Premises.
However, Landlord is not just limited to the security deposit amount and Tenant remains liable for
any balance.
Tenant shall not apply or deduct any portion of any security deposit from the last or any month’s
rent. Tenant shall not use or apply any such security deposit at any time in lieu of payment of
rent. If Tenant breaches any terms or conditions of this Lease, Tenant shall forfeit any deposit, as
permitted by law.
DEFAULTS: If Tenant fails to perform or fulfill any obligation under this Lease, Tenant shall be
in default of this Lease. Subject to any statute ordinance or law to the contrary
Tenant shall have 15 days from the date of notice of default by Landlord to cure the default. In the
event Tenant does not cure a default, Landlord may at Landlord’s option:
a) Cure such default and the cost of such action may be added to Tenant’s financial obligations
under this Lease; or b) declare Tenant in default of the Lease. In the event of default, Landlord
may also, as permitted by law, re-enter the Premises and re-take possession of the Premises.
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Landlord may, at its option, hold Tenant liable for any difference between the rent that would have
been payable under this Lease during the balance of the unexpired term, if this Lease had
continued in force and any rent paid by any successive Tenant if the Premises are re-let. In the
event Landlord is unable to re-let the Premises during any remaining term of this Lease, after
default by Tenant, Landlord may at its option hold Tenant liable for the balance of the unpaid rent
under this Lease if this Lease had continued in force. The failure of Tenants or their guests or
invitees to comply with any term of this Agreement is ground for termination of the tenancy, with
appropriate notice to Tenants and procedures as required by law.
QUIET ENJOYMENT: Tenant shall be entitled to quiet enjoyment of the Premises and Landlord
will not interfere with that right, as long as Tenant pays the rent in a timely manner and performs all
other obligations under this Lease.
USE OF PREMISES: Tenant shall only use the Premises as a residence. The Premises shall not
be used to carry on any type of business or trade without prior written consent of the Landlord.
Tenant will comply with all laws, rules, ordinances, statutes and orders regarding the use of the
Premises.
CONDITION OF PREMISES: Tenant or Tenant’s agent has inspected the Premises, the fixtures,
the grounds, building and improvements and acknowledges that the Premises are in good and
acceptable condition and are habitable. If at any time during the term of this Lease, in Tenant’s
opinion, the conditions change, Tenant shall promptly provide reasonable notice to Landlord.
ASSIGNMENT AND SUBLEASE: Tenant shall not assign or sublease any interest in this Lease.
All sublease arrangement must be made with prior written consent of the Landlord, which consent
shall not be unreasonably withheld. Any assignment or sublease without Landlord’s written prior
consent shall, at Landlord’s option, terminate this Lease.
DANGEROUS MATERIALS: Tenant shall not keep or have on or around the Premises any item
of a dangerous, flammable or explosive nature that might unreasonably increase the risk of fire or
explosion on or around the Premises or that might be considered hazardous by any responsible
insurance company.
UTILITIES ANDS SERVICES: Charge for electricity, telephone service, cable television,
heat, hot water, water, garbage pick-up, snow-removal and
Lawn maintenance are services/utilities provided to the apartment are included as a part of this
Lease and shall be borne by the Landlord.
PETS: Tenant shall not keep any pets on the Premises without the prior written consent of the
Landlord. If Landlord grants permission to Tenant to keep pets, an additional security deposit of
$35.00 will be required by the Landlord to keep in trust for potential damage to the Premises
caused by Tenant’s pets.
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ALTERATIONS AND IMPROVEMENTS: Tenant agrees not to make any improvements or
alterations to the Premises without prior written consent of the Landlord. If any alterations,
improvement or changes are made to or built on or around the Premises, with the exception of
fixtures and personal property that can be removed without damage to the Premises, they shall
become the property of Landlord and shall remain at the expiration of the Lease, unless otherwise
agreed in writing.
DAMAGE TO PREMISES: If the Premises or part of the Premises are damaged or destroyed by
fire or other casualty not due to Tenant’s negligence, the rent will be abated during the time that
the Premises are uninhabitable. If Landlord decides not to repair or rebuild the Premises, then this
Lease shall terminate and the rent shall be prorated up to the time of the damage. Any unearned
rent paid in advance shall be refunded to Tenant.
MAINTENANCE AND REPAIR: Tenant will, at Tenant’s sole expense, keep and maintain the
Premises in good, clean and sanitary condition and repair during the term of this Lease and any
renewal thereof. Tenant shall be responsible to make all repairs to the Premises, fixtures,
appliances and equipment therein that may have been damaged by Tenant’s misuse, waste or
neglect, or that of the Tenant’s family, agents or visitors. Tenant agrees that no painting will be
done on or about the Premises without the prior written consent of Landlord. Tenant shall
promptly notify Landlord of any damage, defect or destruction of the Premises or in the event of
the failure of any of the appliances or equipment. Landlord will use its best efforts to repair or
replace any such damaged or defective areas, appliances or equipment.
HOLDOVER: In the event Tenant remains in possession the Premises for any period after the
expiration of the Lease Term (“Holdover Period”) a new month-to-month tenancy shall be created
subject to the same terms and conditions of this Lease at a monthly rental rate of the same in this
agreement unless otherwise agreed by the Parties in writing. Such month-to-month tenancy shall
be terminable on thirty (30) days’ notice by either Party or on longer notice if required by law.
ABANDONMENT: If Tenant abandons the Premises of any personal property during the term
of this Lease, Landlord may at is option enter the Premises by any legal means without liability
to Tenant and may at Landlord’s option terminate the Lease.
Abandonment is defined as absence of the Tenants from the Premises for at least 60 consecutive
days without notice to Landlord. If Tenant abandons the Premises while the rent is outstanding for
more than 60 days and there is not reasonable evidence, other than the presence of the Tenants’
personal property, that the Tenant is occupying the unit, Landlord may at Landlord’s option
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terminate this Lease Agreement and regain possession in the manner prescribed by law. Landlord
will dispose of all abandoned personal property on the Premises in any manner allowed by law.
SECURITY: Tenant understands that Landlord does not provide any security alarm system or
other security for Tenant or the Premises. In the event any alarm system is provided, Tenant
understands that such alarm system is not warranted to be complete in all respects or to be
sufficient to protect Tenant on the Premises. Tenant releases Landlord from any loss, damage,
claim or injury resulting from the failure of any alarm system, security or from the lack of any
alarm system or security.
SEVERABILITY: If any part of this Lease shall be held unenforceable for any reason, the
remainder of this Agreement shall continue in full force and effect. If any provision of this Lease
is deemed invalid or unenforceable by any court of competent jurisdiction, and if limiting such
provision would make the provision valid, then such provision shall be deemed to be construed as
so limited.
INSURANCE: Landlord and Tenant shall each be responsible to maintain appropriate insurance
for their respective interests in the Premises and property located on the Premises. Tenant
understands that Landlord will not provide any insurance coverage for Tenant’s property.
Landlord will not be responsible for any loss of Tenant’s property, whether by theft, fire, riots,
strikes, acts of God or otherwise. Landlord encourages Tenant to obtain renter’s insurance or other
similar coverage to protect against risk of loss.
BINDING EFFECT: The covenants and conditions contained in the Lease shall apply to the
Parties and the heirs, legal representatives, successors and permitted assigns of the Parties.
GOVERNING LAW: This Lease shall be governed by and construed in accordance with the laws
of the State of Tennessee
ENTIRE AGREEMENT: This Lease constitutes the entire Agreement between the Parties and
supersedes any prior understanding or representation of any kind preceding the date of this
Agreement. There are no other promises, conditions, understandings or other Agreements,
whether oral or written, relating to the subject matter of this Lease.
This Lease may be modified in writing and must be signed by both Landlord and Tenant.
NOTICE: Any notice required or otherwise given pursuant to this Lease shall be in writing and
mailed certified return receipt requested, postage prepaid, or delivered by
Overnight delivery service, if to Tenant, at the Premise and if to Landlord, at the address for
payment of rent. Either party may change such addresses from time to time by providing notice
as set forth above.
CUMULATIVE RIGHTS: Landlord’s and Tenant’s rights under this Lease are cumulative and
shall not be construed as exclusive of each other unless otherwise required by law.
WAIVER: The failure of either Party to enforce any provisions of the Lease shall not be deemed
a waiver of limitation of that Party’s right to subsequently enforce and compel strict compliance
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with every provision of this Lease. The acceptance of rent by Landlord does not waive Landlord’s
right to enforce any provisions of this Lease.
INDEMNIFICATION: To the extent permitted by law, Tenant will indemnify and hold
Landlord and Landlord’s property, including the Premises, free and harmless from any liability
for losses, claims, injury to or death of any person, including Tenant, or for damage to property
arising from Tenant using and occupying the Premises or from the acts or omissions of any
person or persons, including Tenant, in or about the Premises with Tenant’s express or implied
consent except Landlord’s act or negligence.
LEGAL FEES: In the event that the Tenant violates the terms of the Lease or defaults in the
performance of any covenants in the Lease and the Landlord engages an attorney or institutes a
legal action, counterclaim, or summary proceeding against Tenants based upon such violation or
default, Tenants shall be liable to Landlord for the costs and expenses incurred in enforcing this
Lease, including reasonable attorney fees and costs. In the event the Tenants bring any action
against the Landlord pursuant to this Lease and the Landlord prevails, Tenant shall be liable to
Landlord for costs and expenses of defending such action, including reasonable attorney fees and
costs.
DISPLAY OF SIGNS: Landlord or Landlord’s agent may display “For Sale” or “For Rent” or
“Vacancy” or similar signs on or about the Premises and enter to show the Premises to prospective
tenants during the last 15 days of this Lease. Tenant agrees that no signs shall be placed on the
Premises without the prior written consent of the Landlord.
NOISE: Tenant shall not cause or allow any unreasonably loud noise or activity in the Premises
that might disturb the rights, comforts and conveniences of other persons. No lounging or visiting
will be allowed in the common areas. Furniture delivery and removal will take place between
6a.m. and 9p.m.
BICYCLES: All bicycles owned by the Tenant shall be stored only in the areas designated by the
Landlord and not in any other parts of the building including the hallways, entrances and lobbies.
LOCKING OF ENTRANCE DOORS: Landlord reserves the right to close and keep locked all
entrance doors of the building during such hours as the Landlord deems advisable for the safety and
protection of the building and its occupants. Tenant shall not prop open any entrance doors.
DWELLING: Tenant is only entitled to occupy the dwelling listed above. This Lease does not
entitle the Tenant to use of any area outside of the dwelling including, but not limited to, the attic,
basement or the garage without written permission from the Landlord. Tenant is not to paint any
part of the apartment without prior written permission from the Landlord.
WATER LEAKS: Tenant is to notify the Landlord immediately if Tenant notices any running
water in the faucets in the kitchen, bathroom-sink, bathtub or any other faucets. If the toilet is
running and does not shut off properly, Tenant is to notify Landlord immediately. If Tenant does
not notify Landlord of any water leaks and it is determined that the water bill is in excess because
of this leak, Tenant will be responsible financially for paying the difference in the water bill. IN
WITNESS THEREOF, the Parties have caused this Lease to be executed on the day and year first
above written
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LANDLORD
Signature
TENANT(S)
Signature
Signature
Name
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