A tenancy agreement is an essential document for both landlords and tenants. In Nigeria, a well-prepared tenancy agreement can help protect the rights and obligations of both parties, helping avoid misunderstandings or legal issues. Writing a tenancy agreement may seem complicated, but by breaking down each section, anyone can create a clear, legally sound document. This guide is designed for students or anyone without legal experience who wants to understand how to create a basic tenancy agreement in Nigeria.
What is a Tenancy Agreement?
A tenancy agreement is a legal contract between a landlord and a tenant. This document sets out the terms and conditions under which the tenant can occupy a property. It includes details about rent, duration of the tenancy, responsibilities, and other important matters. In Nigeria, tenancy agreements help ensure that the rights of both the landlord and tenant are protected according to Nigerian law.
Why is a Tenancy Agreement Important?
A tenancy agreement is crucial because it:
– Clarifies expectations: The document explains what both the landlord and tenant are responsible for, which helps prevent disputes.
– Serves as legal protection: If a dispute arises, the agreement can be used as evidence in court to clarify each party’s rights.
– Defines the terms of the tenancy: Important details, such as how much rent should be paid, when it should be paid, and how long the tenancy will last, are included.
Key Elements of a Tenancy Agreement
To write a tenancy agreement in Nigeria, it’s essential to include the following sections:
1. Introduction
In the introductory section, include the names and addresses of the landlord and the tenant. This part should also specify the date the agreement is being made.
Example:
“THIS TENANCY AGREEMENT is made this [Date] between [Landlord’s Full Name], of [Landlord’s Address], hereinafter referred to as the ‘Landlord,’ and [Tenant’s Full Name], of [Tenant’s Address], hereinafter referred to as the ‘Tenant.’”
2. Property Details
Include a description of the rental property. This should specify the address of the property and any other relevant details to ensure there’s no confusion about which property is being rented.
Example:
“The property being rented is located at [Property Address], consisting of [e.g., two bedrooms, one bathroom, living room, kitchen].”
3. Rent Details
Clearly state the amount of rent the tenant must pay and how frequently it should be paid (e.g., monthly, quarterly, or annually). Specify the payment method, whether by bank transfer, cash, or another means.
Example:
“The Tenant agrees to pay the Landlord a rental sum of [Amount] per [Month/Quarter/Year], payable on or before the [Specific Date, e.g., 1st day] of each [Month/Quarter/Year]. Payments will be made via [Payment Method, e.g., bank transfer to account number XYZ].”
4.Security Deposit
In Nigeria, many landlords require tenants to pay a security deposit. This deposit is usually refundable if the property is left in good condition at the end of the tenancy. Specify the amount of the deposit and under what conditions it will be refunded.
Example:
“The Tenant shall pay a security deposit of [Amount], which shall be refunded at the end of the tenancy, provided there is no damage to the property beyond normal wear and tear.”
5. Duration of Tenancy
Specify the duration or term of the tenancy (e.g., one year). Also, outline the conditions under which the tenancy may be renewed or terminated.
Example:
“This agreement is for a term of [One Year], starting from [Start Date] and ending on [End Date]. Upon expiration, the tenancy may be renewed at the Landlord’s discretion, provided both parties agree to the terms.”
6. Responsibilities of the Landlord and Tenant
It’s important to clearly outline the duties of both the landlord and tenant.
-Landlord’s Responsibilities: The landlord is typically responsible for major repairs, such as plumbing, electrical, and structural maintenance.
-Tenant’s Responsibilities: The tenant is usually responsible for keeping the property clean, paying utility bills, and handling minor repairs.
Example:
“The Landlord agrees to maintain the property in a habitable condition and conduct necessary repairs promptly. The Tenant agrees to keep the property clean, report any damages, and pay for minor repairs (e.g., replacing a light bulb).”
7.Utility Payments
Specify who is responsible for paying utilities such as water, electricity, and gas. In Nigeria, tenants typically pay for their own utilities, but it’s essential to include this in the agreement.
Example:
“The Tenant shall be responsible for paying for all utilities consumed on the property, including electricity, water, and gas.”
8. Rules for Property Use
Include any rules for how the property should be used. This could include restrictions on pets, noise levels, or subletting the property to others.
Example:
“The Tenant shall not keep pets on the property without prior written permission from the Landlord. The Tenant is also prohibited from subletting any part of the property without the Landlord’s consent.”
9.Termination of Agreement
Outline the conditions under which either the landlord or tenant may terminate the tenancy agreement before the end of the term. This may include notice periods or specific reasons for eviction, such as non-payment of rent.
Example:
“Either party may terminate this agreement by giving [One Month’s] written notice to the other party. If the Tenant fails to pay rent or violates any terms of this agreement, the Landlord may terminate the tenancy.”
10. Signatures
For the agreement to be legally binding, both the landlord and tenant must sign and date the document. If possible, have the agreement witnessed by a third party to add credibility.
Example:
“Signed by the Landlord: ________________________ Date: __________
Signed by the Tenant: _________________________ Date: __________
Witnessed by: ________________________________ Date: __________”
Additional Tips for Writing a Tenancy Agreement
Here are some extra tips to ensure the agreement is clear and legally sound:
-Use simple language: Avoid using overly complex legal terms. The goal is for both parties to understand the terms without confusion.
– Be specific: Details matter in a legal document. For example, instead of saying “on time,” specify the exact day rent is due.
-Make copies: Both the landlord and tenant should keep signed copies of the agreement.
Simple tenancy agreement template (you can download)
THIS TENANCY AGREEMENT is made this [Date] between [Landlord’s Full Name], of [Landlord’s Address] (“Landlord”), and [Tenant’s Full Name], of [Tenant’s Address] (“Tenant”).
Property: The property is located at [Property Address].
Rent: The Tenant agrees to pay [Amount] per [Month/Quarter/Year] on or before the [Specific Day] of each [Month/Quarter/Year].
Security Deposit/Caution fee: A refundable deposit of [Amount] is required.
Term: This agreement is for a term of [One Year], starting from [Start Date].
Responsibilities: The Tenant is responsible for keeping the property clean and paying utility bills. The Landlord will handle major repairs.
Termination: Either party may terminate with [One Month’s] notice.
Signed by:
Landlord: ____________________ Date: __________
Tenant: ______________________ Date: __________
Writing a tenancy agreement in Nigeria doesn’t have to be complicated. By including key details—such as rent, duration, and responsibilities—both the landlord and tenant can protect their rights and avoid misunderstandings. Following the steps in this guide should help anyone create a clear, effective tenancy agreement suitable for Nigerian laws and practices.