reglab/housing_qa huggingface dataset:
TN Code § 47-2A-310 (2021)
2021 Tennessee Code|Title 47 - Commercial Instruments and Transactions|Chapter 2A - Leases|Part 3 - Effect of Lease Contract|§ 47-2A-310. Lessor's and Lessee's Rights When Goods Become Accessions

  Goods are “accessions” when they are installed in or affixed to other goods.   The interest of a lessor or a lessee under a lease contract entered into before the goods became accessions is superior to all interests in the whole except as stated in subsection (4).   The interest of a lessor or a lessee under a lease contract entered into at the time or after the goods became accessions is superior to all subsequently acquired interests in the whole except as stated in subsection (4) but is subordinate to interests in the whole existing at the time the lease contract was made unless the holders of such interests in the whole have in writing consented to the lease or disclaimed an interest in the goods as part of the whole.   The interest of a lessor or a lessee under a lease contract described in subsection (2) or (3) is subordinate to the interest of    a buyer in the ordinary course of business or a lessee in the ordinary course of business of any interest in the whole acquired after the goods became accessions; or   a creditor with a security interest in the whole perfected before the lease contract was made to the extent that the creditor makes subsequent advances without knowledge of the lease contract.    When under subsections (2) or (3) and (4) a lessor or a lessee of accessions holds an interest that is superior to all interests in the whole, the lessor or the lessee may (a) on default, expiration, termination, or cancellation of the lease contract by the other party but subject to the provisions of the lease contract and this chapter, or (b) if necessary to enforce his or her other rights and remedies under this chapter, remove the goods from the whole, free and clear of all interests in the whole, but he or she must reimburse any holder of an interest in the whole who is not the lessee and who has not otherwise agreed for the cost of repair of any physical injury but not for any diminution in value of the whole caused by the absence of the goods removed or by any necessity for replacing them. A person entitled to reimbursement may refuse permission to remove until the party seeking removal gives adequate security for the performance of this obligation.
TN Code § 47-2A-311 (2021)
2021 Tennessee Code|Title 47 - Commercial Instruments and Transactions|Chapter 2A - Leases|Part 3 - Effect of Lease Contract|§ 47-2A-311. Priority Subject to Subordination

 Nothing in this chapter prevents subordination by agreement by any person entitled to priority.
TN Code § 47-2A-401 (2021)
2021 Tennessee Code|Title 47 - Commercial Instruments and Transactions|Chapter 2A - Leases|Part 4 - Performance of Lease Contract: Repudiated, Substituted and Excused|§ 47-2A-401. Insecurity — Adequate Assurance of Performance

  A lease contract imposes an obligation on each party that the other's expectation of receiving due performance will not be impaired.   If reasonable grounds for insecurity arise with respect to the performance of either party, the insecure party may demand in writing adequate assurance of due performance. Until the insecure party receives that assurance, if commercially reasonable the insecure party may suspend any performance for which he or she has not already received the agreed return.   A repudiation of the lease contract occurs if assurance of due performance adequate under the circumstances of the particular case is not provided to the insecure party within a reasonable time, not to exceed thirty (30) days after receipt of a demand by the other party.   Between merchants, the reasonableness of grounds for insecurity and the adequacy of any assurance offered must be determined according to commercial standards.   Acceptance of any nonconforming delivery or payment does not prejudice the aggrieved party's right to demand adequate assurance of future performance.
TN Code § 47-2A-402 (2021)
2021 Tennessee Code|Title 47 - Commercial Instruments and Transactions|Chapter 2A - Leases|Part 4 - Performance of Lease Contract: Repudiated, Substituted and Excused|§ 47-2A-402. Anticipatory Repudiation

 If either party repudiates a lease contract with respect to a performance not yet due under the lease contract, the loss of which performance will substantially impair the value of the lease contract to the other, the aggrieved party may:   for a commercially reasonable time, await retraction of repudiation and performance by the repudiating party;   make demand pursuant to § 47-2A-401 and await assurance of future performance adequate under the circumstances of the particular case; or   resort to any right or remedy upon default under the lease contract or this chapter, even though the aggrieved party has notified the repudiating party that the aggrieved party would await the repudiating party's performance and assurance and has urged retraction. In addition, whether or not the aggrieved party is pursuing one (1) of the foregoing remedies, the aggrieved party may suspend performance or, if the aggrieved party is the lessor, proceed in accordance with the provisions of this chapter on the lessor's right to identify goods to the lease contract notwithstanding default or to salvage unfinished goods (§ 47-2A-524).
TN Code § 47-2A-403 (2021)
2021 Tennessee Code|Title 47 - Commercial Instruments and Transactions|Chapter 2A - Leases|Part 4 - Performance of Lease Contract: Repudiated, Substituted and Excused|§ 47-2A-403. Retraction of Anticipatory Repudiation

  Until the repudiating party's next performance is due, the repudiating party can retract the repudiation unless, since the repudiation, the aggrieved party has cancelled the lease contract or materially changed the aggrieved party's position or otherwise indicated that the aggrieved party considers the repudiation final.   Retraction may be by any method that clearly indicates to the aggrieved party that the repudiating party intends to perform under the lease contract and includes any assurance demanded under § 47-2A-401.   Retraction reinstates a repudiating party's rights under a lease contract with due excuse and allowance to the aggrieved party for any delay occasioned by the repudiation.
TN Code § 47-2A-404 (2021)
2021 Tennessee Code|Title 47 - Commercial Instruments and Transactions|Chapter 2A - Leases|Part 4 - Performance of Lease Contract: Repudiated, Substituted and Excused|§ 47-2A-404. Substituted Performance

  If without fault of the lessee, the lessor and the supplier, the agreed berthing, loading, or unloading facilities fail or the agreed type of carrier becomes unavailable or the agreed manner of delivery otherwise becomes commercially impracticable, but a commercially reasonable substitute is available, the substitute performance must be tendered and accepted.   If the agreed means or manner of payment fails because of domestic or foreign governmental regulation:    the lessor may withhold or stop delivery or cause the supplier to withhold or stop delivery unless the lessee provides a means or manner of payment that is commercially a substantial equivalent; and   if delivery has already been taken, payment by the means or in the manner provided by the regulation discharges the lessee's obligation unless the regulation is discriminatory, oppressive, or predatory.
TN Code § 47-2A-405 (2021)
2021 Tennessee Code|Title 47 - Commercial Instruments and Transactions|Chapter 2A - Leases|Part 4 - Performance of Lease Contract: Repudiated, Substituted and Excused|§ 47-2A-405. Excused Performance

 Subject to § 47-2A-404 on substituted performance, the following rules apply:   Delay in delivery or nondelivery in whole or in part by a lessor or a supplier who complies with paragraphs (b) and (c) is not a default under the lease contract if performance as agreed has been made impracticable by the occurrence of a contingency the nonoccurrence of which was a basic assumption on which the lease contract was made or by compliance in good faith with any applicable foreign or domestic governmental regulation or order, whether or not the regulation or order later proves to be invalid.   If the causes mentioned in paragraph (a) affect only part of the lessor's or the supplier's capacity to perform, he or she shall allocate production and deliveries among his or her customers but at his or her option may include regular customers not then under contract for sale or lease as well as his or her own requirements for further manufacture. He or she may so allocate in any manner that is fair and reasonable.   The lessor seasonably shall notify the lessee and in the case of a finance lease the supplier seasonably shall notify the lessor and the lessee, if known, that there will be delay or nondelivery and, if allocation is required under paragraph (b), of the estimated quota thus made available for the lessee.
TN Code § 47-2A-406 (2021)
2021 Tennessee Code|Title 47 - Commercial Instruments and Transactions|Chapter 2A - Leases|Part 4 - Performance of Lease Contract: Repudiated, Substituted and Excused|§ 47-2A-406. Procedure on Excused Performance

  If the lessee receives notification of a material or indefinite delay or an allocation justified under § 47-2A-405, the lessee may by written notification to the lessor as to any goods involved, and with respect to all of the goods if under an installment lease contract the value of the whole lease contract is substantially impaired (§ 47-2A-510):    terminate the lease contract (§ 47-2A-505(2)); or   except in a finance lease that is not a consumer lease, modify the lease contract by accepting the available quota in substitution, with due allowance from the rent payable for the balance of the lease term for the deficiency but without further right against the lessor.    If, after receipt of a notification from the lessor under § 47-2A-405, the lessee fails so to modify the lease agreement within a reasonable time not exceeding thirty (30) days, the lease contract lapses with respect to any deliveries affected.
TN Code § 47-2A-407 (2021)
2021 Tennessee Code|Title 47 - Commercial Instruments and Transactions|Chapter 2A - Leases|Part 4 - Performance of Lease Contract: Repudiated, Substituted and Excused|§ 47-2A-407. Irrevocable Promises — Finance Leases

  In the case of a finance lease that is not a consumer lease the lessee's promises under the lease contract become irrevocable and independent upon the lessee's acceptance of the goods.   A promise that has become irrevocable and independent under subsection (1):    is effective and enforceable between the parties, and by or against third parties including assignees of the parties; and   is not subject to cancellation, termination, modification, repudiation, excuse, or substitution without the consent of the party to whom the promise runs.    This section does not affect the validity under any other law of a covenant in any lease contract making the lessee's promises irrevocable and independent upon the lessee's acceptance of the goods.
TN Code § 47-2A-501 (2021)
2021 Tennessee Code|Title 47 - Commercial Instruments and Transactions|Chapter 2A - Leases|Part 5 - Default|§ 47-2A-501. Default — Procedure

  Whether the lessor or the lessee is in default under a lease contract is determined by the lease agreement and this chapter.   If the lessor or the lessee is in default under the lease contract, the party seeking enforcement has rights and remedies as provided in this chapter and, except as limited by this chapter, as provided in the lease agreement.   If the lessor or the lessee is in default under the lease contract, the party seeking enforcement may reduce the party's claim to judgment, or otherwise enforce the lease contract by self-help or any available judicial procedure or nonjudicial procedure, including administrative proceeding, arbitration, or the like, in accordance with this chapter.   Except as otherwise provided in § 47-1-305(a) or this chapter or the lease agreement, the rights and remedies referred to in subdivisions (2) and (3) are cumulative.   If the lease agreement covers both real property and goods, the party seeking enforcement may proceed under this part as to the goods, or under other applicable law as to both the real property and the goods in accordance with that party's rights and remedies in respect of the real property, in which case this part does not apply.
TN Code § 47-2A-502 (2021)
2021 Tennessee Code|Title 47 - Commercial Instruments and Transactions|Chapter 2A - Leases|Part 5 - Default|§ 47-2A-502. Notice After Default

 Except as otherwise provided in this chapter or the lease agreement, the lessor or lessee in default under the lease contract is not entitled to notice of default or notice of enforcement from the other party to the lease agreement.
TN Code § 47-2A-503 (2021)
2021 Tennessee Code|Title 47 - Commercial Instruments and Transactions|Chapter 2A - Leases|Part 5 - Default|§ 47-2A-503. Modification or Impairment of Rights and Remedies

  Except as otherwise provided in this chapter, the lease agreement may include rights and remedies for default in addition to or in substitution for those provided in this chapter and may limit or alter the measure of damages recoverable under this chapter.   Resort to a remedy provided under this chapter or in the lease agreement is optional unless the remedy is expressly agreed to be exclusive. If circumstances cause an exclusive or limited remedy to fail of its essential purpose, or provision for an exclusive remedy is unconscionable, remedy may be had as provided in this chapter.   Consequential damages may be liquidated under § 47-2A-504, or may otherwise be limited, altered, or excluded unless the limitation, alteration, or exclusion is unconscionable. Limitation, alteration, or exclusion of consequential damages for injury to the person in the case of consumer goods is prima facie unconscionable but limitation, alteration, or exclusion of damages where the loss is commercial is not prima facie unconscionable.   Rights and remedies on default by the lessor or the lessee with respect to any obligation or promise collateral or ancillary to the lease contract are not impaired by this chapter.
TN Code § 47-2A-504 (2021)
2021 Tennessee Code|Title 47 - Commercial Instruments and Transactions|Chapter 2A - Leases|Part 5 - Default|§ 47-2A-504. Liquidation of Damages

  Damages payable by either party for default, or any other act or omission, including indemnity for loss or diminution of anticipated tax benefits or loss or damage to lessor's residual interest, may be liquidated in the lease agreement but only at an amount or by a formula that is reasonable in light of the then anticipated harm caused by the default or other act or omission.   If the lease agreement provides for liquidation of damages, and such provision does not comply with subsection (1), or such provision is an exclusive or limited remedy that circumstances cause to fail of its essential purpose, remedy may be had as provided in this chapter.   If the lessor justifiably withholds or stops delivery of goods because of the lessee's default or insolvency (§ 47-2A-525 or § 47-2A-526), the lessee is entitled to restitution of any amount by which the sum of his or her payments exceeds:    the amount to which the lessor is entitled by virtue of terms liquidating the lessor's damages in accordance with subsection (1); or   in the absence of those terms, twenty percent (20%) of the then present value of the total rent the lessee was obligated to pay for the balance of the lease term, or, in the case of a consumer lease, the lesser of such amount or five hundred dollars ($500).    A lessee's right to restitution under subsection (3) is subject to offset to the extent the lessor establishes:   a right to recover damages under the provisions of this chapter other than subsection (1); and   the amount or value of any benefits received by the lessee directly or indirectly by reason of the lease contract.
TN Code § 47-2A-505 (2021)
2021 Tennessee Code|Title 47 - Commercial Instruments and Transactions|Chapter 2A - Leases|Part 5 - Default|§ 47-2A-505. Cancellation and Termination and Effect of Cancellation, Termination, Rescission, or Fraud on Rights and Remedies

  On cancellation of the lease contract, all obligations that are still executory on both sides are discharged, but any right based on prior default or performance survives, and the canceling party also retains any remedy for default of the whole lease contract or any unperformed balance.   On termination of the lease contract, all obligations that are still executory on both sides are discharged but any right based on prior default or performance survives.   Unless the contrary intention clearly appears, expressions of “cancellation,” “rescission,” or the like of the lease contract may not be construed as a renunciation or discharge of any claim in damages for an antecedent default.   Rights and remedies for material misrepresentation or fraud include all rights and remedies available under this chapter for default.   Neither rescission nor a claim for rescission of the lease contract nor rejection or return of the goods may bar or be deemed inconsistent with a claim for damages or other right or remedy.
TN Code § 47-2A-506 (2021)
2021 Tennessee Code|Title 47 - Commercial Instruments and Transactions|Chapter 2A - Leases|Part 5 - Default|§ 47-2A-506. Statute of Limitations

  An action for default under a lease contract, including breach of warranty or indemnity, must be commenced within four (4) years after the cause of action accrued. By the original lease contract the parties may reduce the period of limitation to not less than one (1) year.   A cause of action for default accrues when the act or omission on which the default or breach of warranty is based is or should have been discovered by the aggrieved party, or when the default occurs, whichever is later. A cause of action for indemnity accrues when the act or omission on which the claim for indemnity is based is or should have been discovered by the indemnified party, whichever is later.   When an action is commenced within the time limited by subsection (1), but the judgment or decree is rendered against the plaintiff upon any ground not concluding his right of action, or when the judgment or decree is rendered in favor of plaintiff, and is arrested or reversed on appeal, the plaintiff or his representatives or privies as the case may be, may, from time to time, commence a new action within one (1) year after judgment, reversal or arrest.   This section does not alter the law on tolling of the statute of limitations nor does it apply to causes of action that have accrued before this chapter becomes effective.   A counterclaim or third-party complaint is not barred by the statute of limitations provided by this section if it was not barred at the time the claims asserted in the complaint were interposed. If a nonsuit is taken as to the original civil action, any counterclaim, cross-claim or third-party complaint arising from such action shall not be terminated but may proceed as an original civil action. However, if a counterclaim, cross-claim or third-party complaint is filed as a civil action as permitted by this subsection and such action does not proceed to an adjudication on the merits of such claim, the defendant shall have the right to file a counterclaim, cross-claim or third-party complaint within the time allowed for filing of a responsive pleading only if the original action is reinstituted pursuant to § 28-1-105. Any counterclaim, cross-claim or third-party complaint arising from an action or suit originally commenced in general sessions court and subsequently recommenced as an original action or as a counterclaim, cross-claim or third-party complaint pursuant to this section in circuit or chancery court according to the provisions of § 28-1-105, shall not be subject to the monetary jurisdictional limit originally imposed in general sessions court.
TN Code § 47-2A-507 (2021)
2021 Tennessee Code|Title 47 - Commercial Instruments and Transactions|Chapter 2A - Leases|Part 5 - Default|§ 47-2A-507. Proof of Market Rent — Time and Place

  Damages based on market rent (§ 47-2A-519 or § 47-2A-528) are determined according to the rent for the use of the goods concerned for a lease term identical to the remaining lease term of the original lease agreement and prevailing at the times specified in §§ 47-2A-519 and 47-2A-528.   If evidence of rent for the use of the goods concerned for a lease term identical to the remaining lease term of the original lease agreement and prevailing at the times or places described in this chapter is not readily available, the rent prevailing within any reasonable time before or after the time described or at any other place or for a different lease term which in commercial judgment or under usage of trade would serve as a reasonable substitute for the one described may be used, making any proper allowance for the difference, including the cost of transporting the goods to or from the other place.   Evidence of a relevant rent prevailing at a time or place or for a lease term other than the one described in this chapter offered by one party is not admissible unless and until he or she has given the other party notice the court finds sufficient to prevent unfair surprise.   If the prevailing rent or value of any goods regularly leased in any established market is in issue, reports in official publications or trade journals or in newspapers or periodicals of general circulation published as the reports of that market are admissible in evidence. The circumstances of the preparation of the report may be shown to affect its weight but not its admissibility.
TN Code § 47-2A-508 (2021)
2021 Tennessee Code|Title 47 - Commercial Instruments and Transactions|Chapter 2A - Leases|Part 5 - Default|§ 47-2A-508. Lessee's Remedies

  If a lessor fails to deliver the goods in conformity to the lease contract (§ 47-2A-509) or repudiates the lease contract (§ 47-2A-402), or a lessee rightfully rejects the goods (§ 47-2A-509) or justifiably revokes acceptance of the goods (§ 47-2A-517), then with respect to any goods involved, and with respect to all of the goods if under an installment lease contract the value of the whole lease contract is substantially impaired (§ 47-2A-510), the lessor is in default under the lease contract and the lessee may:    cancel the lease contract (§ 47-2A-505(1));   recover so much of the rent and security as has been paid and is just under the circumstances;   cover and recover damages as to all goods affected whether or not they have been identified to the lease contract (§§ 47-2A-518 and 47-2A-520), or recover damages for nondelivery (§§ 47-2A-519 and 47-2A-520);   exercise any other rights or pursue any other remedies provided in the lease contract.    If a lessor fails to deliver the goods in conformity to the lease contract or repudiates the lease contract, the lessee may also:   if the goods have been identified, recover them (§ 47-2A-522); or   in a proper case, obtain specific performance or replevy the goods (§ 47-2A-521).   If a lessor is otherwise in default under a lease contract, the lessee may exercise the rights and pursue the remedies provided in the lease contract, which may include a right to cancel the lease, and in § 47-2A-519(3).   If a lessor has breached a warranty, whether express or implied, the lessee may recover damages (§ 47-2A-519(4)).   On rightful rejection or justifiable revocation of acceptance, a lessee has a security interest in goods in the lessee's possession or control for any rent and security that has been paid and any expenses reasonably incurred in their inspection, receipt, transportation, and care and custody and may hold those goods and dispose of them in good faith and in a commercially reasonable manner, subject to § 47-2A-527(5).   Subject to the provisions of § 47-2A-407, a lessee, on notifying the lessor of the lessee's intention to do so, may deduct all or any part of the damages resulting from any default under the lease contract from any part of the rent still due under the same lease contract.