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Nigerian Tenancy Agreements Frequently Asked Questions (Sample Tenancy Agreement)

Posted by support on June 9, 2022
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Nigerian tenancy agreements can be lengthy and complicated for some people. Can you imagine signing a contract that prohibited you from cooking or entertaining guests?

You don’t want to go through such a situation when you find an available apartment and agree to pay rent for a year in advance without knowing who else might be living there.

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Nigerian Tenancy Agreements Frequently Asked Questions (Sample Tenancy Agreement) 4

Folks are free to have friends and cook as much food as they wish, but any infractions of this condition will result in disciplinary action within 24 hours! Let us enlighten you about Nigerian tenancy agreements. You can also read this post to understand more about the assignment deed in Nigeria.

In Nigeria, here is an example of a tenancy agreement.

The Tenancy Agreement Bill in Nigeria

The Nigerian government has introduced a new law to regulate tenancy agreements. Before becoming law, the measure will be subjected to parliamentary review; however, the modified Tenancy Act of 2007 will provide much-needed consistency and clarity on what a tenant can expect from their Landlord under a lease agreement.

Furthermore, each state in Nigeria has its tenancy laws. The Lagos State Tenancy Law 2011, for example, is the guiding law for tenancy agreements in Lagos.

Some lawyers use the Nigeria Property Center document service to write the tenancy agreement. At the same time, others construct it based on the state Act and other legal precedents.

Some of the agreements involve a landlord or agent of a property with a renter to rent that specifies how much money should be paid in advance and where it goes, as well as what happens if someone wants to leave early without paying in advance so that their deposit is not taken for outstanding bills.

These agreements ensure that tenants know the fees that apply every time they start a new 1-2 month renting period, not simply at renewal time (every year).

What is a tenancy agreement?

A tenancy agreement is a contract between a landlord and their tenants. To stay in their homes, tenants must follow certain rules, such as paying rent on time and keeping the property clean while they are there.

Even though there is no law protecting landlords and tenants, the lawyer drafts numerous documented tenancy agreements it spells down what each party will give and get from the other.

The absence of a tenancy agreement in a tenancy relationship does not negate the rights of both the Landlord and the Tenant. Tenants and landlords both have implied rights.

On the other hand, a tenancy agreement is necessary since it protects both landlords and tenants and extends implied rights. It is critical to have a tenancy agreement. You can also read one of our articles on the land survey to learn more.

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Who is in charge of drafting the tenancy agreement?

The Nigerian Tenancy Agreement is usually drafted by:

  • The attorney or
  • The Landlord then consults with a lawyer about it.

Who creates the terms of the tenancy agreement?

The tenancy terms are determined by the Landlord, who owns the property. The lawyer charges the tenancy agreement. A lawyer chosen by the Landlord will draft a tenancy agreement.

Responsibilities of Tenants

The responsibilities of the Tenant include, but are not limited to:

  • Observing safety guidelines
  • When using communal places such as corridors, stairwells, and elevators, respect neighbors’ rights to solitude and tranquility.
  • Returning all keys while leaving the house, and so on.

Where Can I Get a Tenancy Contract?

It is critical to creating a tenancy agreement with the renter before renting out a home in Nigeria. When you become a tenant, the potential Landlord will provide you with the Tenancy Agreement. On behalf of the Landlord, the Landlord’s lawyer can prepare the tenancy agreement and submit it to you when you arrive.

We recommend speaking with a lawyer who can quickly go over the tenancy agreement with you and help you comprehend the ramifications.

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In Nigeria, here is an example of a tenancy agreement.

THE PURPOSE OF THIS AGREEMENT

MADE ON THIS…………………. DAY OF…………………. YEAR………………….

BETWEEN:

Mr/Mrs/Ms…………(Landlord) of Address……………., City……….., State……….. (called the “LANDLORD” which expression shall include his heirs, representatives, and assigns where the context so admits) of the one part is represented by Mr…….(Property Lawyer/agent) of Address……………., City……….., state……….. (called the “LANDLORD” which expression shall include his heirs, representatives, and assigns where the context so

AND:

Mr/Mrs/Ms………….. (Tenant) of Address………….., City…………. (referred to as the “TENANT”), which phrases shall include his successor in–title and assigns) of other sections when the circumstances permit.

WHEREAS:

The Tenant has accepted the Landlord’s offer to rent a (1),(2) bedroom flat at Address………….. for N180,000.00 (one hundred and eighty thousand Naira) per annum, beginning on Date… Day… of Month… Year…… and ending on Date… Day… of Month… Year……

AS A RESULT, IT IS AGREED THAT:

(1) The tenancy shall be for ONE (1) YEAR WITHOUT OPTION OR NO OPTION FOR RENEWAL, commencing on Date…… and ending on Date……, with OPTION OR NO OPTION FOR RENEWAL.

(2) That the annual rent for the premises is N1800,000.00 (one hundred and eighty thousand Naira), payable just ONE (1) year in advance.

THE FOLLOWING ARE THE TENANT COVENANTS WITH THE LANDLORD:

The Tenant must follow the following rules:

  • Rent is paid on schedule and by the agreement.
  • To provide sufficient security, I’m returning home early.
  • Maintaining a clean environment.
  • Keeping all furnishings and fixtures in good working order
  • Keeping up with other obligations
  • To allow the Landlord and his agents access to the premises at any reasonable time during the day.
  • At the end of the rent period, I returned the premises to the Landlord in good and rentable condition.
  • The Tenant may not assign or sublet the leased premises without the Landlord’s written authorization.

CONFIRMATION

WE CERTIFY that the premises and the fixtures and fittings are in excellent functioning condition.

IN WITNESS OF WHICH, THE FOLLOWING INDIVIDUALS:

The parties have hereto set their hands and sealed this agreement on the first day and year mentioned above.

DELIVERED, SIGNED, AND SEALED

By the name of LANDLORD………………………………..

By way of his lawyer/agent Mr………agent/lawyer (Landlord)

Head of Practice (for)

IF YOU’RE IN THE PRESENCE OF

NAME:……………………………………………………….

ADDRESS:…………………………………………………..

OCCUPATION:……………………………………………..

SIGNATURE:………………………………………………..

THE WITHIN NAME’S COMMON SEAL: TENANT

NAME:………………………………………………………………………

SIGNATURE:………………………………………………………………..

THE FOLLOWING ARE IN THE PRESENCE OF:

SIGNATURE:…………………………………………………………………

NAME:…………………………………………………………………………

ADDRESS:……………………………………………………………………..

OCCUPATION:…………………………………………………………………

Final Thoughts

Tenancy agreements are widely used by landlords who want to rent out their property. Each tenancy agreement spells forth the terms that both parties have agreed to. A tenancy agreement is usually produced by a lawyer and delivered to the Landlord, or it is prepared by the Landlord and reviewed by a lawyer, and a potential tenant should thoroughly study it before signing. In Nigeria, you can learn about land excision, certificate of occupation, and the land tenure system.

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