Tennessee Waiver of Lease Provision by Owner of Surface of Lands

State:
Multi-State
Control #:
US-OG-156
Format:
Word; 
Rich Text
Instant download

Description

This form addresses provisions that may be contained in an oil and gas lease restricting the use of the surface of lands. The form provides for the lease restrictions, contained in a lease, to be identified in the document.

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FAQ

Any lease provision that is meant to waive one of the non-waivable rights is void and unenforceable.

A ?No Waiver? clause means that the landlord's failure to enforce any provision of the lease does not waive it, or render it unenforceable. For example, the lease might contain a late fee. If you pay your rent late, and the landlord does not charge you the late fee, that doesn't mean you don't owe it.

A ?waiver of notice? in the lease agreement means that if a breach or violation of a lease occurs, that tenant has given up (waived) their right to receive notification of the violation, and allows the landlord to begin the eviction process without providing the tenant without any prior notice or warnings.

Waiver is defined as follows: When the landlord knows that the tenant is breaching the lease, yet conducts the landlord-tenant relationship in the normal course (for example, accepts rent and otherwise does nothing to object to the violation of the lease), then the court may infer that the owner has waived, or forgiven ...

You can waive this notice in writing. Such an agreement is often called a ?Waiver of Notice to Quit.? For failure to pay rent, 10 days' notice is required. (For other lease violations, the notice must be 15 days for leases of less than a year and 30 days for leases of more than a year.)

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Tennessee Waiver of Lease Provision by Owner of Surface of Lands