Tenancy Agreements in Nigeria: A Guide to the Legalities

Introduction

A tenancy agreement is a legal contract between a landlord and a tenant that sets out the terms and conditions of their tenancy. It is important for both landlords and tenants to understand the terms of their tenancy agreement so that they can avoid any disputes.

This guide provides an overview of tenancy agreements in Nigeria. It covers the different types of tenancy agreements, the rights and responsibilities of landlords and tenants, and the legal process of entering into a tenancy agreement.

What is a tenancy agreement?

A tenancy agreement is a legal contract between a landlord and a tenant that sets out the terms and conditions of their tenancy. It typically includes information such as the rent amount, the length of the tenancy, the landlord’s and tenant’s rights and responsibilities, and the procedures for terminating the tenancy.

III. Types of tenancy agreements

There are three main types of tenancy agreements in Nigeria:

• Fixed-term tenancy agreement
• Periodic tenancy agreement
• At-will tenancy agreement

A fixed-term tenancy agreement is a contract that is for a specific period of time, usually one year. At the end of the term, the tenant can either renew the agreement or move out. A periodic tenancy agreement is a contract that is renewed automatically on a monthly or yearly basis. The tenant can terminate the agreement at any time by giving the landlord one month’s notice. An at-will tenancy agreement is a contract that can be terminated by either the landlord or the tenant at any time, for any reason, with no notice required.

The type of tenancy agreement that is right for you will depend on your individual circumstances. If you are looking for a long-term lease, a fixed-term tenancy agreement may be the best option for you. If you are not sure how long you will be staying in your property, a periodic tenancy agreement may be a better choice. And if you want the flexibility to move out at any time, an at-will tenancy agreement may be the best option for you.

Types of tenancy agreements

There are a number of different types of tenancy agreements that can be used in Nigeria. The most common types of tenancy agreements are as follows:

• Fixed-term tenancy agreement: This type of tenancy agreement is for a specific period of time, usually one year. At the end of the tenancy agreement, the tenant has the option to renew the agreement or move out.
• Periodic tenancy agreement: This type of tenancy agreement is for an indefinite period of time. The tenant can terminate the agreement at any time by giving the landlord one month’s notice. The landlord can also terminate the agreement by giving the tenant one month’s notice.
• Month-to-month tenancy agreement: This type of tenancy agreement is for a month-to-month period. The tenant can terminate the agreement at any time by giving the landlord one week’s notice. The landlord can also terminate the agreement by giving the tenant one week’s notice.
• License to occupy: This type of tenancy agreement is not a legal tenancy agreement. It is more like a lease agreement for a hotel room. The tenant does not have the right to exclusive possession of the property. The landlord can enter the property at any time without the tenant’s permission.

The type of tenancy agreement that you choose will depend on your individual circumstances. If you are looking for a long-term rental, a fixed-term tenancy agreement may be the best option for you. If you are not sure how long you will be staying in the property, a periodic tenancy agreement may be a better option. If you are looking for a short-term rental, a month-to-month tenancy agreement or a license to occupy may be a good option.

Key terms in a tenancy agreement

The following are some of the key terms that you should be familiar with when entering into a tenancy agreement:

• Rent: The amount of money that the tenant agrees to pay to the landlord on a monthly or weekly basis.
• Security deposit: A sum of money that the tenant pays to the landlord at the start of the tenancy agreement. This deposit is held by the landlord in case the tenant damages the property or fails to pay rent.
• Utilities: The tenant is responsible for paying for the utilities in the property, such as electricity, gas, and water.
• Pets: The landlord may or may not allow pets in the property. If pets are allowed, the tenant may be required to pay an additional pet deposit.
• Move-in date: The date on which the tenant is allowed to move into the property.
• Move-out date: The date on which the tenant is required to move out of the property.

It is important to read the tenancy agreement carefully and understand all of the terms before signing it. If you have any questions about the agreement, be sure to ask the landlord before signing it.

VI. How to draft a tenancy agreement

A tenancy agreement is a legal contract between a landlord and a tenant. It sets out the terms and conditions of the tenancy, including the rent, the length of the tenancy, and the rights and responsibilities of both parties.

When drafting a tenancy agreement, it is important to be clear and concise. The agreement should include all of the relevant information, and it should be written in a way that is easy to understand.

Here are some tips for drafting a tenancy agreement:

• Use clear and concise language.
• Include all of the relevant information, such as the rent, the length of the tenancy, and the rights and responsibilities of both parties.
• Make sure the agreement is signed by both parties.
• Keep a copy of the agreement for your records.

If you are not sure how to draft a tenancy agreement, you can hire a lawyer to help you.

VII. Getting a tenancy agreement approved

In order to get a tenancy agreement approved, you will need to submit it to the local housing authority. The housing authority will review the agreement to ensure that it meets all of the legal requirements. If the agreement is approved, the housing authority will issue a certificate of occupancy. This certificate is proof that the agreement is valid and that the landlord is in compliance with all of the applicable laws.

The process of getting a tenancy agreement approved can vary depending on the local housing authority. However, the following are some of the steps that you may need to take:

1. Contact the local housing authority to find out what the requirements are for getting a tenancy agreement approved.
2. Gather all of the necessary documents, such as the tenancy agreement, the landlord’s identification, and the tenant’s identification.
3. Submit the documents to the housing authority.
4. Wait for the housing authority to review the documents and issue a certificate of occupancy.

Once you have received a certificate of occupancy, you can start renting out your property.

Tenancy agreement disputes

Tenancy agreement disputes

Tenancy agreement disputes can arise for a variety of reasons, such as:

• Non-payment of rent
• Damage to the property
• Illegal activities on the property
• Violation of the terms of the tenancy agreement

If a dispute arises, it is important to try to resolve it amicably between the landlord and tenant. If this is not possible, the dispute can be taken to court.

When a tenancy agreement dispute goes to court, the judge will consider the following factors:

• The terms of the tenancy agreement
• The evidence presented by both parties
• The applicable law

The judge will then make a decision on the dispute and award damages to the winning party.

It is important to note that tenancy agreement disputes can be complex and time-consuming. If you are involved in a dispute, it is advisable to seek legal advice. Conclusion

A tenancy agreement is a legal contract between a landlord and a tenant. It sets out the terms and conditions of the tenancy, including the rent, the length of the tenancy, and the rights and responsibilities of both parties.

It is important for both landlords and tenants to understand the terms of their tenancy agreement before they sign it. If there are any terms that you do not understand, you should ask your landlord or a lawyer to explain them to you.

A tenancy agreement can be a valuable tool for both landlords and tenants. It can help to protect both parties from misunderstandings and disputes. By understanding the terms of your tenancy agreement, you can ensure that you have a smooth and positive rental experience.”