Residential Lease Agreement - Template, Sample Form Pro · NG-law
✓ Valid in Nigeria · drafted to comply with local law
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RESIDENTIAL TENANCY AGREEMENT
(Made pursuant to the provisions of the relevant Tenancy/Recovery of Premises Law of ________)
THIS TENANCY AGREEMENT (hereinafter referred to as "this Agreement") is made on the ________.
BETWEEN
________ (holder of identification number ________), of:
________ (hereinafter referred to as the "Landlord", which expression shall, where the context so admits, include his heirs, personal representatives, successors-in-title and assigns) of the one part;
AND
________ (holder of identification number ________), of:
________ (hereinafter referred to as the "Tenant", which expression shall, where the context so admits, include his heirs, personal representatives, successors-in-title and permitted assigns) of the other part.
The Landlord and the Tenant are hereinafter together referred to as the "Parties" and individually as a "Party".
WHEREAS:
(a) The Landlord is the owner of and/or otherwise lawfully entitled to grant a tenancy in respect of the premises described in this Agreement (the "Premises").
(b) The Landlord is desirous of letting the Premises to the Tenant, and the Tenant is desirous of taking the Premises on tenancy, upon the terms and conditions set out in this Agreement.
NOW IT IS HEREBY AGREED, in consideration of the rent reserved and the mutual covenants contained in this Agreement, as follows:
1. GRANT AND TERM OF TENANCY
1.1 The Landlord hereby lets, and the Tenant hereby takes, the Premises together with all appurtenances thereto for a term of ________.
1.2 The said term shall commence on ________ and shall determine on ________ (the "Term"), unless sooner determined in accordance with this Agreement.
1.3 The relationship created by this Agreement is that of landlord and tenant only, and nothing herein shall be construed as creating any greater estate or interest in the Tenant.
2. THE PREMISES
2.1 The Premises hereby demised consist of the following:
________
2.2 An inventory of the fixtures, fittings and items contained in the Premises, where applicable, is set out in the Schedule annexed to this Agreement.
3. RENT
3.1 The Tenant shall pay to the Landlord rent in the sum of ₦________ (________) per annum, payable ________ in advance.
3.2 The first payment of rent in the sum of ₦________ (________), the receipt of which the Landlord hereby acknowledges, shall be applied to the period commencing on the date set out in §1.2.
3.3 All payments under this Agreement shall be made to the account designated by the Landlord, namely: ________, and the Landlord shall issue a valid receipt for every sum so paid.
4. SECURITY DEPOSIT (CAUTION FEE)
4.1 The Tenant shall, on the execution of this Agreement, pay to the Landlord a refundable security deposit in the sum of ₦________ as security against damage to the Premises (fair wear and tear excepted) and any sums due and owing at the determination of the Term.
4.2 The said deposit, less any lawful deductions, shall be refunded to the Tenant within ________ days of the Tenant yielding up vacant possession of the Premises.
5. PAYMENT OF RATES, TAXES AND OUTGOINGS
The Tenant shall pay and discharge all rates, taxes, charges and outgoings of a recurring nature, including electricity bills, water rates, environmental sanitation levies, refuse disposal charges and other utility charges, which become due and payable in respect of the Tenant's occupation and use of the Premises during the Term.
6. COVENANTS BY THE TENANT
The Tenant hereby covenants with the Landlord as follows:
(i) to pay the rent reserved at the times and in the manner provided herein;
(ii) to pay all service charges, rates, taxes, assessments and outgoings chargeable in respect of the Tenant's use of the Premises;
(iii) to comply with all the terms, conditions and covenants of this Agreement, and with all applicable laws, regulations and bye-laws;
(iv) to observe all laws pertaining to the safety, sanitation, maintenance and habitability of the Premises;
(v) to keep the interior of the Premises in good, clean, tenantable and sanitary condition;
(vi) not to damage, destroy or commit any waste upon any part of the Premises;
(vii) not to alter or replace any lock on the Premises without the prior written consent of the Landlord;
(viii) to permit the Landlord and his agents, upon reasonable prior notice, to enter and view the state of repair of the Premises; and
(ix) to yield up vacant possession of the Premises in good and tenantable repair and clean condition at the determination of the Term, fair wear and tear excepted.
7. COVENANTS BY THE LANDLORD
The Landlord hereby covenants with the Tenant as follows:
(i) to pay the ground rent and all other statutory outgoings of a non-recurring nature payable in respect of the Premises by virtue of the Landlord's ownership thereof;
(ii) to deliver vacant possession of the Premises in a good, habitable, clean and tenantable condition;
(iii) to keep the main structure, roof and external walls of the Premises in good and tenantable repair; and
(iv) to observe all laws pertaining to the safety, sanitation, maintenance and habitability of the Premises.
8. USE OF THE PREMISES
The Premises shall be used for private residential purposes only, and no part thereof shall be used for the carrying on of any business, profession, trade or other commercial activity, nor for any illegal or immoral purpose.
9. QUIET ENJOYMENT
The Landlord covenants that the Tenant, paying the rent reserved and observing the covenants and conditions herein contained, shall peaceably and quietly hold and enjoy the Premises during the Term without any lawful interruption or disturbance by the Landlord or any person lawfully claiming through, under or in trust for him.
10. CONDITION OF THE PREMISES
The Tenant acknowledges that the Premises are, as at the commencement of the Term, in good order, repair and condition and located in a safe and clean environment, save as may be otherwise recorded in writing by the Parties.
11. ASSIGNMENT AND SUB-LETTING
The Tenant shall not assign, sub-let, under-let, short-let or part with possession of the Premises or any part thereof, nor license the use thereof, without the prior written consent of the Landlord, which consent shall not be unreasonably withheld.
12. ALTERATIONS AND IMPROVEMENTS
12.1 The Tenant shall not construct, alter, remove or make any addition or improvement to the Premises without the prior written consent of the Landlord.
12.2 Where the Landlord consents to any such alteration, addition or improvement to be carried out by contractors, such contractors shall be approved in writing by the Landlord.
13. MAINTENANCE AND REPAIR
The Tenant and persons authorised by the Tenant shall at all times during the Term, and any renewal thereof, maintain and keep the interior of the Premises and its appurtenances in good, clean, sanitary condition and repair, fair wear and tear excepted.
14. MAINTENANCE OF ORDER
The Tenant covenants:
(i) not to make or permit any loud, improper or offensive noise; and
(ii) not to do or permit to be done in or upon the Premises any act or thing which may be or become a nuisance, annoyance or disturbance to the Landlord or to the occupiers of adjoining or neighbouring premises.
15. DAMAGE TO THE PREMISES BY INSURED RISKS
16. DANGEROUS MATERIALS
The Tenant shall not keep or permit to be kept any dangerous, inflammable, hazardous or explosive material in or about the Premises.
17. ANIMALS AND PETS
No animal or pet shall be kept in or about the Premises without the prior written consent of the Landlord.
18. INSPECTION OF THE PREMISES
The Landlord and his duly authorised agents may, at all reasonable times during the Term and any renewal thereof, and upon giving the Tenant not less than ________ prior notice (save in cases of emergency), enter the Premises for the purpose of inspection and/or carrying out repairs.
19. SURRENDER OF THE PREMISES
Upon the determination of the Term, the Tenant shall quietly yield up and surrender the Premises to the Landlord in the same good and tenantable condition as at the commencement of the Term, fair wear and tear excepted.
20. DETERMINATION AND NOTICE TO QUIT
20.1 Either Party intending to determine this Agreement shall serve upon the other such statutory notice to quit and notice of intention to recover possession as is prescribed by the relevant Tenancy/Recovery of Premises Law applicable in ________.
20.2 Without prejudice to §20.1, the period of notice agreed between the Parties for the determination of this Agreement shall be ________.
20.3 Nothing in this Agreement shall entitle the Landlord to recover possession of the Premises otherwise than by due process of law, and the Tenant shall not be evicted save in accordance with an order of a court of competent jurisdiction.
20.4 Where this Agreement is determined by the Landlord otherwise than for a breach by the Tenant, the Tenant shall be entitled to a refund of any rent paid in advance in respect of the unexpired residue of the Term.
21. NON-DELIVERY OF POSSESSION
21.1 If, through no default of the Landlord, the Landlord is unable to deliver possession of the Premises at the commencement of the Term, the rent shall abate proportionately and the Landlord shall not be liable in damages, provided that possession is delivered within a reasonable time.
21.2 Where possession is so delivered, the Tenant shall accept the Premises and the rent shall accrue from the date of actual delivery of possession.
22. INDEMNITY AND LIMITATION OF LIABILITY
The Tenant shall indemnify and keep the Landlord indemnified against all losses, claims, liabilities, damages and reasonable professional fees which the Landlord may suffer or incur arising from the Tenant's possession, use or misuse of the Premises, save where the same arises from the negligence or wilful default of the Landlord.
23. NO WAIVER
No failure or delay by the Landlord in enforcing strict performance of any provision of this Agreement shall operate as, or be construed to be, a waiver of the Landlord's right to subsequently enforce the same.
24. BREACH AND RE-ENTRY
If the Tenant breaches any provision of this Agreement, or if the rent or any part thereof remains unpaid for ________ days after becoming due, the Landlord may, subject to compliance with the statutory requirements for the recovery of premises and the service of the requisite notices, re-enter the Premises and thereupon this Agreement shall determine, without prejudice to any right of action of the Landlord in respect of any antecedent breach of covenant.
25. ABANDONMENT
If at any time during the Term the Tenant abandons the Premises, the Landlord may, subject to due process of law, resume possession and re-let the Premises, and the Tenant shall remain liable for all rent and other sums which have accrued due up to the date of recovery of possession.
26. STAMPING AND REGISTRATION
This Agreement shall be stamped in accordance with the Stamp Duties Act, and the cost of stamping and (where applicable) registration shall be borne by ________.
27. GOVERNING LAW
This Agreement shall be governed by and construed in accordance with the laws of the Federal Republic of Nigeria and the relevant laws of ________.
28. DISPUTE RESOLUTION AND JURISDICTION
28.1 The Parties shall use their best endeavours to resolve any dispute arising out of or in connection with this Agreement amicably through negotiation.
28.2 Where such dispute is not resolved within a reasonable time, the courts of ________ shall have jurisdiction to determine the same.
29. NOTICES
30. ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between the Parties and supersedes all prior negotiations, representations, understandings or agreements, whether oral or written, in relation to the subject matter of this Agreement.
31. VARIATION
No variation or amendment of this Agreement shall be valid or effective unless made in writing and signed by or on behalf of both Parties.
32. SEVERABILITY
If any provision of this Agreement is held to be invalid or unenforceable for any reason, the remaining provisions shall continue in full force and effect.
33. COUNTERPARTS
This Agreement may be executed in any number of counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument.
IN WITNESS WHEREOF the Parties have executed this Agreement in the manner hereinafter appearing the day and year first above written.
SIGNED, SEALED AND DELIVERED
by the within-named Landlord, ________
___________________________________
(Signature of Landlord)
in the presence of:
Name................................................................................................................
Address.............................................................................................................
Occupation........................................................................................................
Signature..........................................................................................................
SIGNED, SEALED AND DELIVERED
by the within-named Tenant, ________
___________________________________
(Signature of Tenant)
in the presence of:
Name................................................................................................................
Address.............................................................................................................
Occupation........................................................................................................
Signature..........................................................................................................
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