Residential Lease Renewal Agreement - Template Form Pro · NG-law

RESIDENTIAL TENANCY RENEWAL AGREEMENT

THIS RESIDENTIAL TENANCY RENEWAL AGREEMENT (the "Agreement") is made this ________ day of ________

BETWEEN

________, of the following address:

________

(hereinafter referred to as the "Landlord", which expression shall where the context so admits include the Landlord's personal representatives, successors-in-title and assigns) of the first part;

AND

________, of the following address:

________

(hereinafter referred to as the "Tenant", which expression shall where the context so admits include the Tenant's personal representatives, successors-in-title and permitted assigns) of the second part.

The Landlord and the Tenant are hereinafter together referred to as the "Parties" and individually as a "Party".

RECITALS

A. By a Residential Tenancy Agreement dated ________ (the "Principal Tenancy Agreement"), the Landlord granted the Tenant exclusive possession of the rental property described in this Agreement together with all appurtenances attached thereto, situate at ________, within the jurisdiction of the State of ________.

B. The Tenancy created by the Principal Tenancy Agreement is set to expire and the Parties desire to renew, extend and amend the said tenancy upon the terms and conditions hereinafter contained.

C. This Agreement is made subject to the provisions of the applicable tenancy and recovery of premises legislation of the State of ________ and the general law of contract applicable in Nigeria.

NOW THEREFORE, in consideration of the payment of the rent and the mutual covenants and conditions contained herein, the receipt and sufficiency of which are hereby acknowledged, the Parties hereby agree as follows:

§1. DEMISED PREMISES

1.1. Subject to the terms and conditions of this Agreement and of the Principal Tenancy Agreement, the Landlord agrees to let, and the Tenant agrees to take, the following rental property (the "Demised Premises"):

________

1.2. The Demised Premises shall be used for residential purposes only, and no part of the premises shall be used to carry on any business, profession or trade of any kind, PROVIDED ALWAYS that:

(I) the Tenant shall not receive any paying guests, clients or customers;

(II) the practice of any profession or trade shall not constitute a nuisance to the occupiers of the adjoining properties;

(III) the practice of any profession or trade shall not significantly increase the wear and tear of the Demised Premises;

(IV) the Demised Premises or any part thereof shall not be used for any illegal, unlawful or immoral purpose.

§2. THE PRINCIPAL TENANCY

2.1. By the Principal Tenancy Agreement executed on ________, the Landlord granted the Tenant exclusive possession of the Demised Premises for a term of ________ certain, which is set to expire on ________ (the "Original Term").

2.2. The Landlord has agreed to renew and extend the Original Term and to amend the Principal Tenancy Agreement upon the terms set out herein.

§3. TERMS OF RENEWAL

3.1. The Landlord hereby renews and extends the Original Term for a further term of ________. The renewed tenancy shall commence on ________ and shall expire on ________ (the "Renewed Term").

3.2. The Tenant shall pay to the Landlord the rent of ₦________ (________) payable ________. The rent shall be due and payable in advance on each ________ and shall be deemed advance payment for the relevant rental period.

3.3. The rent shall be paid by ________. The Landlord shall, upon receipt of any payment of rent, issue to the Tenant a written receipt in accordance with the applicable tenancy legislation of the State of ________.

3.4. Where the rent payable under this Agreement is not paid within the period it is due, the Tenant shall be liable to pay interest at the rate of ________% (________ per cent) of the unpaid rent for each period the Tenant remains in default, without prejudice to the Landlord's other remedies under this Agreement and at law.

3.5. Nothing in this Agreement shall be construed to authorise the Landlord to demand or receive rent in excess of the period permitted by the applicable tenancy legislation of the State of ________.

§4. AMENDMENT TO THE PRINCIPAL TENANCY AGREEMENT

4.1. The Principal Tenancy Agreement shall be amended as follows:

________

4.2. Save as expressly amended by this Agreement, all the terms, covenants and conditions of the Principal Tenancy Agreement shall continue to apply to the Renewed Term as though set out in full herein.

§5. COVENANTS OF THE TENANT

The Tenant hereby covenants with the Landlord as follows:

(I) to pay the reserved rent in the manner aforesaid;

(II) to pay all electricity, water, refuse, telephone and other consumption charges in respect of the Tenant's occupation of the Demised Premises during the Renewed Term;

(III) to keep the interior of the Demised Premises and the fixtures and fittings therein in good and tenantable repair and condition at all times, fair wear and tear excepted;

(IV) to comply with all the terms and conditions of this Agreement and of the Principal Tenancy Agreement;

(V) to comply with all laws relating to the safety, sanitation, maintenance and habitability of the Demised Premises;

(VI) to keep the Demised Premises in a good and sanitary condition at all times;

(VII) not to destroy, damage or remove any part of the fixtures, fittings or any part of the premises;

(VIII) not to assign, sublet or part with possession of the Demised Premises or any part thereof without the prior written consent of the Landlord;

(IX) not to use or permit the use of the Demised Premises for any illegal, unlawful or immoral purpose;

(X) to yield up the Demised Premises in good and tenantable repair and condition at the expiration or sooner determination of the Renewed Term, fair wear and tear excepted.

§6. COVENANTS OF THE LANDLORD

The Landlord hereby covenants with the Tenant as follows:

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(II) to pay all taxes, rates, tenement rates, assessments and outgoings imposed on the Landlord in respect of the Demised Premises, save for those expressly made payable by the Tenant under this Agreement;

(III) to keep the structure, roof, main walls and external parts of the Demised Premises in good and tenantable repair and condition;

(IV) to ensure that the Demised Premises is fit and habitable for residential use at the commencement of the Renewed Term;

(V) not to do or permit any act that may interfere with the Tenant's quiet enjoyment of the Demised Premises during the Renewed Term.

§7. RECOVERY OF POSSESSION AND NOTICES

7.1. The Parties acknowledge that recovery of possession of the Demised Premises shall be effected only in accordance with the applicable tenancy and recovery of premises legislation of the State of ________, including the service of all statutory notices to quit and notices of the Landlord's intention to recover possession.

7.2. Any waiver by the Landlord of the statutory periods of notice shall not be valid unless expressly permitted by the said legislation.

§8. CHANGE OF CONTACT INFORMATION

The Tenant shall be contacted as follows:

Phone: ________
Email: ________

The Landlord shall be contacted as follows:

Phone: ________
Email: ________

§9. INDEMNITY

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§10. ABANDONMENT

If at any time during the Renewed Term the Tenant abandons the Demised Premises or any part thereof before the date of expiration, the Landlord shall, subject to compliance with the applicable recovery of premises legislation of the State of ________, be entitled to re-enter, take possession of and re-let the Demised Premises, and the Tenant shall remain liable to pay all rent and other sums which have become due and payable up to the date of lawful re-entry.

§11. DATA PROTECTION

Each Party shall process any personal data of the other Party obtained in connection with this Agreement solely for the purposes of administering the tenancy and in accordance with the Nigeria Data Protection Act 2023 and the regulations made thereunder.

§12. GENERAL PROVISIONS

(I) NO WAIVER: The failure of either Party to enforce strict performance of any provision of this Agreement shall not be construed as a waiver of its right to enforce the same or any other provision thereafter.

(II) BREACH OF CONTRACT: If the Tenant commits a breach of any fundamental provision of this Agreement, it shall be lawful for the Landlord, upon the issuance and expiration of all notices required under the applicable tenancy legislation of the State of ________, to re-enter the Demised Premises and to recover possession thereof, whereupon this Agreement shall determine, but without prejudice to any right of action of the Landlord in respect of any antecedent breach by the Tenant. The Tenant shall pay damages for any loss, damage or costs incurred by the Landlord as a consequence of such breach and shall indemnify the Landlord against all actions, claims, liabilities, costs and expenses arising therefrom.

(III) RATIFICATION: Other than the provisions expressly modified under this Agreement, all other obligations, rights, terms and conditions contained in the Principal Tenancy Agreement shall remain in full force and effect until the expiration or sooner determination of the Renewed Term.

(IV) ENTIRE AGREEMENT: This Agreement, together with the Principal Tenancy Agreement and any document referred to therein, constitutes the entire agreement between the Parties and supersedes any prior contrary written or oral agreement made between them.

(V) NOTICES: All notices under this Agreement must be in writing and shall be delivered personally, by registered or courier post, or by electronic mail to the other Party at the address or email designated in §8 of this Agreement.

(VI) VARIATION: No provision of this Agreement shall be varied or terminated unless such variation or termination is in writing and signed by both Parties.

(VII) 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.

(VIII) COUNTERPARTS: This Agreement may be executed in several counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same agreement.

(IX) GOVERNING LAW AND JURISDICTION: This Agreement shall be governed by and construed in accordance with the laws of the Federal Republic of Nigeria and the applicable tenancy legislation of the State of ________, and the Parties submit to the jurisdiction of the competent courts and tribunals of the said State.

(X) DISPUTE RESOLUTION: The Parties shall use their best endeavours to resolve any dispute arising out of or in connection with this Agreement amicably, failing which the dispute shall be referred to mediation at ________, and where unresolved, to the competent court of the State of ________.

IN WITNESS WHEREOF the Parties have executed this Agreement in the manner below the day and year first above written.

SIGNED by the within-named Landlord:

________

________________________

in the presence of:

Name: ________

Address: ________

Occupation: ________

Signature: ________

SIGNED by the within-named Tenant:

________

________________________

in the presence of:

Name: ________

Address: ________

Occupation: ________

Signature: ________