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2019 New Construction.Unfurnished. Washer and dryer included. Large spacious uncovered back deck. Black Creek Chattanooga offers the perfect topography in the upland valley between Raccoon and Lookout Mountains with abundant wildlife, water, and wide open green spaces. Now home to many, Black Creek Chattanooga is spread across 3000 acres from valley to mountain sides-all embraced by 6 miles of hillside panoramic views of Downtown Chattanooga and the mountain tops nearby. Enjoy right from your front porch! Whether its rocking in your front porch swing with the grandkids, playing golf with your friends, enjoying a tennis match or dining with your neighbors at the poolside grill-Black Creek offers amenities like no other community in Chattanooga! Flooring: Is it hardwood in main areas, carpet in bedrooms and closets. Storage - attic and spacious pantry. Appliances: Electric heat and appliances, newly replaced refrigerator. Washer and Dryer. Fireplace - gas ventless logs. Porch- Wood uncovered back porch. TENNESSEE RESIDENTIAL LEASE AGREEMENT THIS LEASE AGREEMENT (hereinafter referred to as the "Agreement") made and entered into this 19th day of May, by and between TPS Properties, LLC. (hereinafter referred to as "Landlord") and Tonya and Brian Meltsner (hereinafter referred to as "Tenant"). RECTIALS WHEREAS, Landlord is the fee owner of certain real property being, lying and situated in Hamilton County, Tennessee, such real property having a street address: 555 ALSTON DRIVE CHATTANOOGA , TN 37419 (hereinafter referred to as the "Premises"). WHEREAS, Landlord is desirous of leasing the Premises to Tenant upon the terms and conditions as contained herein; and WHEREAS, Tenant is desirous of leasing the Premises from Landlord on the terms and conditions as contained herein; THEREFORE, the covenants and obligations contained herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto hereby agree as follows: TERM. Landlord leases to Tenant and Tenant leases from Landlord the above described Premises together with any and all appurtenances thereto, for a term of such term beginning on Click or tap to enter a date. , and ending at 12 o'clock midnight on End Date. . RENT. During the Lease Term, the total rent for the term hereof is the sum of $3,200.00 . The Tenant shall pay, without any notice or demand, the amount of $3,200.00 (plus one time application fee of $100 per person) per month on or before the first (1st) of each month ("rent"). The Rent shall begin and the first payment shall be made on or before enter date. .In the event that the first day of the Lease Term is other than the first (1st) of the month, the first and last months' Rent shall be determined on a pro rata basis. Lessor and Lessee agree that third party is authorized to pay rent and/or advance the refundable security deposit on behalf of Lessee to Lessor. It is also agreed that, unless terminated by Lessee, shall have the authority to request extensions, give notice to vacate, and give any other notices required pursuant to this Agreement to Lessor on behalf of Lessee. DAMAGE DEPOSIT. Upon the due execution of this Agreement, Tenant shall deposit with Landlord the sum of $2,500.00 receipt of which is hereby acknowledged by Landlord, as security for any damage caused to the Premises during the term hereof. Such deposit shall be returned to Tenant, without interest, and less any set off for damages to the Premises, unpaid rent, and/or other amounts owing upon the termination of this Agreement. The aforementioned deposit shall be held in an account with First Horizon Bank located on 701 Market Street in Chattanooga. USE OF PREMISES. The Premises shall be used and occupied by Tenant and Tenant's immediate family, and no part of the Premises shall be used at any time during the term of this Agreement by Tenant for the purpose of carrying on any business, profession, or trade of any kind, or for any purpose other than as a private single family dwelling. Tenant shall not allow any other person, other than Tenant's immediate family or transient relatives and friends who are guests of Tenant, to use or occupy the Premises without first obtaining Landlord's written consent to such use. Tenants shall comply with any and all laws, ordinances, rules and orders of any and all governmental or quasi-governmental authorities affecting the cleanliness, use, occupancy and preservation of the Premises. CONDITION OF PREMISES. The Tenant shall inspect the Premises and sign the following statement on the day of Tenant's arrival. Tenant stipulates, represents and warrants that Tenant has examined the Premises, and that they are at the time of this Lease in good order, repair, and in a safe, clean and tenantable condition. Signed by Tenant, __Tenant Name_, on this Day. day of Month and Year ASSIGNMENT AND SUBLETTING. Tenant shall not assign this Agreement, or sub-let or grant any license to use the Premises or any part thereof without the prior written consent of the Landlord. A consent by the Landlord to one such assignment, sub-letting or license shall not be deemed to be a consent to any subsequent assignment, sub-letting or license. An assignment, sub-letting or license without the prior written consent of Landlord or an assignment or subletting by operation of law shall be absolutely null and void and shall, at Landlord's option, terminate this Agreement. ALTERATIONS AND IMPROVEMENTS. Tenants shall make no alterations to the buildings or improvements on the Premises or construct any building or make any other improvements on the Premises without the prior written consent of the Landlord. Any and all alterations, changes, and/or improvements built, constructed or placed on the Premises by Tenant shall, unless otherwise provided by written agreement between Landlord and Tenant, be and become the property of Landlord and remain on the Premises at the expiration or earlier termination of this Agreement. NON-DELIVERY OF POSSESSION. In the event Landlord cannot deliver possession of the Premises to Tenant upon the commencement of the Lease term, through no fault of Landlord or its agents, then Landlord or its agents shall have no liability, but the rental herein provided shall abate until possession is given. Landlord or its agents shall have thirty (30) days in which to give possession, and if possession is tendered within such time, Tenant agrees to accept the demised Premises and pay the rental herein provided from that date. In the event possession cannot be delivered within such time, through no fault of Landlord or its agents, then this Agreement and all rights hereunder shall terminate. HAZARDOUS MATERIALS. Tenants shall not keep on the Premises any item of a dangerous, flammable or explosive character that might unreasonably increase the danger of fire or explosion on the Premises or that might be considered hazardous or extra hazardous by any responsible insurance company. UTILITIES. Tenant shall be responsible for arranging for and paying for all utility services required on the Premise or the option to add a 10% service charge plus utilities paid for by the landlord. MAINTENANCE AND REPAIR; RULES. Tenant will, at its sole expense, keep and maintain the Premises and appurtenances in good and sanitary condition and repair during the term of this Agreement and any renewal thereof. Tenants shall notify the Landlord of necessary repairs within 48 hours of discovery. Landlord shall cause to be made all necessary repairs to the Premises, and Tenant shall be responsible for payment of the cost of said repairs caused directly or indirectly by Tenant, excluding normal wear and tear. Without limiting the generality of the foregoing, Tenant shall: (a) Not obstruct the driveways, sidewalks, courts, entry ways, stairs and/or halls, which shall be used for the purposes of ingress and egress only; (b) Keep all windows, glass, window coverings, doors, locks and hardware in good, clean order and repair; (c) Not obstruct or cover the windows or doors; (d) Not leave windows or doors in an open position during any inclement weather; (e) Not hang any laundry, clothing, sheets, etc. from any window, rail, porch or balcony nor air or dry any of same within any yard area or space; (f) Not cause or permit any locks or hooks to be placed upon any door or window without the prior written consent of Landlord; (g) Keep all air conditioning filters clean and free from dirt; (h) Keep all lavatories, sinks, toilets, and all other water and plumbing apparatus in good order and repair and shall use the same only for the purposes for which they were constructed. Tenants shall not allow any sweepings, rubbish, sand, rags, ashes or other substances to be thrown or deposited therein. Any damage to any such apparatus and the cost of clearing stopped plumbing resulting from misuse shall be borne by Tenant; (i) And Tenant's family and guests shall at all times maintain order in the Premises and at all places on the Premises, and shall not make or permit any loud or improper noises, or otherwise disturb other residents; (j) Keep all radios, television sets, stereos, phonographs, etc., turned down to a level of sound that does not annoy or interfere with other residents; (k) Deposit all trash, garbage, rubbish or refuse in trash receptacles, not more than three (3) of which shall be on the premises at any given time, and shall not allow any trash, garbage, rubbish or refuse to be deposited or permitted to stand on the exterior of any building or within the common elements; (l) No pools (accepting a non-permanent, portable child's wading pool) are permitted on the property; (m) Abide by and be bound by any and all rules and regulations affecting the Premises or the common area appurtenant thereto which may be adopted or promulgated by the Landlord, Condominium Association, or Homeowners' Association, having control over them. These rules may be amended, modified, or altered by the Landlord at any time and will become effective upon thirty (30) days' written notice to Tenant. If the Tenant does not agree to these new rules, the Tenant has the right to give thirty (30) days' written notice to the Landlord of his intent to terminate the Agreement and may do so without penalty (excepting the payment of any prorated rent due), regardless of any other provision or covenant in this Agreement. (n) Lawn maintenance shall be performed by the tenant during rental and must abide by the current HOA bylaws. (o) Tenant shall abide by all HOA rules and regulations. (p) NO SMOKING OF ANY KIND. If discovered, $3,000.00 fine will be assessed and lease will immediately be terminated. DAMAGE TO PREMISES. In the event the Premises are destroyed or rendered wholly untenantable by fire, storm, earthquake, or other casualty not caused by the negligence of Tenant, this Agreement shall terminate from such time except for the purpose of enforcing rights that may have then accrued hereunder. The rental provided for herein shall then be accounted for by and between Landlord and Tenant up to the time of such injury or destruction of the Premises, Tenant paying rentals up to such date and Landlord refunding rentals collected beyond such date. Should a portion of the Premises thereby be rendered untenantable, the Landlord shall have the option of either repairing such injured or damaged portion or terminating this Lease. In the event that Landlord exercises its right to repair such untenantable portion, the rental shall abate in the proportion that the injured parts bears to the whole Premises, and such part so injured shall be restored by Landlord as speedily as practicable, after which the full rent shall recommence and the Agreement continue according to its terms. Tenant will pay a one time non refundable cleaning fee of $500 (five hundred dollars) INSPECTION OF PREMISES. Landlord and Landlord's agents shall have the right at all reasonable times during the term of this Agreement and any renewal thereof to enter the Premises for the purpose of inspecting the Premises and all buildings and improvements thereon. And for the purposes of making any repairs, additions or alterations as may be deemed appropriate by the Landlord for the preservation of the Premises or the building. Landlords and its agents shall further have the right to exhibit the Premises and to display the usual "for sale", "for rent" or "vacancy" signs on the Premises at any time within forty-five (45) days before the expiration of this Lease. The right of entry shall likewise exist for the purpose of removing placards, signs, fixtures, alterations or additions, but do not conform to this Agreement or to any restrictions, rules or regulations affecting the Premises. Landlords shall have the right to market the property for sale, and to sell the Property subject to this Lease, during the term of this Lease, which right shall include without limitation the right to show the property to prospective buyers upon twenty four (24) hours' notice to Tenant. Said notice may be by text, email, or hand delivery. Landlords may enter the Premises for said purpose without the presence of Tenant after notice. SUBORDINATION OF LEASE. This Agreement and Tenant's interest hereunder are and shall be subordinate, junior and inferior to any and all mortgages, liens or encumbrances now or hereafter placed on the Premises by Landlord, all advances made under any such mortgages, liens or encumbrances (including, but not limited to, future advances), the interest payable on such mortgages, liens or encumbrances and any and all renewals, extensions or modifications of such mortgages, liens or encumbrances. TENANT'S HOLD OVER. If Tenant remains in possession of the Premises with the consent of Landlord after the natural expiration of this Agreement, a new tenancy from month-to-month shall be created between Landlord and Tenant which shall be subject to all of the terms and conditions hereof except that rent shall then be due and owing at_Month amount Plus 10%. _ per month and except that such tenancy shall be terminable upon thirty (30) days written notice served by either party. SURRENDER OF PREMISES. Upon the expiration of the term hereof, Tenant shall surrender the Premises in as good a state and condition as they were at the commencement of this Agreement, reasonable use and wear and tear thereof and damages by the elements accepted. ANIMALS. Tenants shall be entitled to keep no more than a Number 2 dog or 2 cat with written approval from the Landlord.. Tenants agree not to keep more than one dog, cat, birds, or other animals that do not reside in an aquarium, terrarium, or similar, mostly sealed enclosure. Tenant shall keep one dog on the Premises; Tenant shall pay to Landlord an additional pet fee of $150.00 / Pet. Tenants shall be liable for any damages exceeding said pet fee. QUIET ENJOYMENT. Tenant, upon payment of all of the sums referred to herein as being payable by Tenant and Tenant's performance of all Tenant's agreements contained herein and Tenant's observance of all rules and regulations, shall and may peacefully and quietly have, hold and enjoy said Premises for the term hereof. INDEMNIFICATION. Landlord shall not be liable for any damage or injury of or to the Tenant, Tenant's family, guests, invitees, agents or employees or to any person entering the Premises or the building of which the Premises are a part or to goods or equipment, or in the structure or equipment of the structure of which the Premises are a part, and Tenant hereby agrees to indemnify, defend and hold Landlord harmless from any and all claims or assertions of every kind and nature. DEFAULT. If Tenant fails to comply with any of the material provisions of this Agreement, other than the covenant to pay rent, or of any present rules and regulations or any that may be hereafter prescribed by Landlord, or materially fails to comply with any duties imposed on Tenant by statute, within fourteen (14) days after delivery of written notice by Landlord specifying the non-compliance and indicating the intention of Landlord to terminate the Lease by reason thereof, Landlord may terminate this Agreement. If Tenant fails to pay rent when due and the default continues for five (5) days thereafter, Landlord may, at Landlord's option, declare the entire balance of rent payable hereunder to be immediately due and payable and may exercise any and all rights and remedies available to Landlord at law or in equity or may immediately terminate this Agreement. Acceptance by Landlord of any and all delinquent rent payments shall be with reservation of all rights and remedies available to Landlord, and does not constitute a waiver of any rights, a renewal of this Lease, nor the creation of a new Lease. LATE CHARGE. In the event that any payment required to be paid by Tenant hereunder is not made within five (5) days of when due, Tenant shall pay to Landlord, in addition to such payment or other charges due hereunder, a "late fee" in the amount of 10% If the bank returns a Rent check unpaid, the tenant shall owe Landlord an additional charge of $30.00 / check. to cover the expense of processing. Landlord shall notify Tenant in writing of any changes to whom Rent is to be paid and the location to which Rent should be sent. ABANDONMENT. If at any time during the term of this Agreement Tenant abandons the Premises or any part thereof, Landlord may, at Landlord's option, obtain possession of the Premises in the manner provided by law, and without becoming liable to Tenant for damages or for any payment of any kind whatever. Landlord may, at Landlord's discretion, as agent for Tenant, relet the Premises, or any part thereof, for the whole or any part thereof, for the whole or any part of the then unexpired term, and may receive and collect all rent payable by virtue of such reletting, and, at Landlord's option, hold Tenant liable for any difference between the rent that would have been payable under this Agreement during the balance of the unexpired term, if this Agreement had continued in force, and the net rent for such period realized by Landlord by means of such reletting. If Landlord's right of reentry is exercised following abandonment of the Premises by Tenant, then Landlord shall consider any personal property belonging to Tenant and left on the Premises to also have been abandoned, in which case Landlord may dispose of all such personal property in any manner Landlord shall deem proper and Landlord is hereby relieved of all liability for doing so. ATTORNEYS' FEES. Should it become necessary for Landlord to employ an attorney to enforce any of the conditions or covenants hereof, including the collection of rentals or gaining possession of the Premises, Tenant agrees to pay all expenses incurred, including a reasonable attorneys' fee. RECORDING OF AGREEMENT. Tenant shall not record this Agreement on the Public Records of any Register of Deeds or any other public office where such recording might imply that the Tenant has any legal rights to the Premises beyond the rights contained in this Agreement. In the event that Tenant shall record this Agreement in such a manner, this Agreement shall, at Landlord's option, terminate immediately and Landlord shall be entitled to all rights and remedies that it has at law or in equity. GOVERNING LAW. This Agreement shall be governed, construed and interpreted by, through and under the Laws of the State of Tennessee. SEVERABILITY. If any provision of this Agreement or the application thereof shall, for any reason and to any extent, be invalid or unenforceable, neither the remainder of this Agreement nor the application of the provision to other persons, entities or circumstances shall be affected thereby, but instead shall be enforced to the maximum extent permitted by law. BINDING EFFECT. The covenants, obligations and conditions herein contained shall be binding on and inure to the benefit of the heirs, legal representatives, and assigns of the parties hereto. DESCRIPTIVE HEADINGS. The descriptive headings used herein are for convenience of reference only and they are not intended to have any effect whatsoever in determining the rights or obligations of the Landlord or Tenant. CONSTRUCTION. The pronouns used herein shall include, where appropriate, either gender or both, singular and plural. NON-WAIVER. No indulgence, waiver, election or non-election by Landlord under this Agreement shall affect Tenant's duties and liabilities hereunder. MODIFICATION. The parties hereby agree that this document contains the entire agreement between the parties and this Agreement shall not be modified, changed, altered or amended in any way except through a written amendment signed by all of the parties hereto. NOTICE. Except as otherwise provided herein, all notices and demands required or permitted hereunder shall be in writing and delivered either (1) in person, (2) by a prepaid overnight delivery service, (3) by the United States Postal Service, postage prepaid, registered or certified return receipt requested, (4) Email, or (5) text message. Notice shall be deemed to have been given as of the date and time it is actually received as to methods (1), (2), and (3), and as of the date and time sent as to methods (4) and (5). If to Landlord: Please make checks out to TPS Properties LLC. Mail to: 619 E. 16TH STREET CHATTANOOGA, TENNESSEE 37408 Landlord and Tenant shall each have the right from time to time to change the place, email address, and/or text number to which notice is to be given under this paragraph by written notice thereof to the other party. EARLY TERMINATION BY TENANT. In the event Tenant terminates his lease during the period of their lease voluntarily or by default, Tenant agrees to pay liquidated damages as follows: If Tenant terminates this lease, he agrees to give thirty (30) days written notice and pay six (6) additional month's rent as liquidated damages. Tenant shall terminate lease agreement early without penalty if tenant is purchasing a home from Curate Custom Homes or Greentech homes additional if tenant enters into an agreement to have repairs or remodel job completed by Curate Custom Homes. WAIVER OF NOTICE FOR NON-PAYMENT OF RENT. As authorized in T.C.A. 66-28-201(c) Tenant acknowledges that they are waiving their right to a thirty (30) day notice of eviction for non-payment of rent. Tenant agrees that, if at any time they become more than five (5) days delinquent on any payment, they authorize the landlord to immediately start eviction proceedings with the courts of Hamilton County, Tennessee. ENTIRE AGREEMENT. This lease, together with the leasing application and rules and regulations, if any, 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 representation, expressed or implied, not contained in this lease. All prior understandings, terms, or 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. By signing below, the parties acknowledge that they have read, understood, and agreed to the contractual terms and conditions set forth herein. LANDLORD: Sign: ___________________________________ Print: _________________________________ Date: ______________ TENANT: Sign: ___________________________________ Print: __________________________________ Date: ______________
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