Residential Tenancy Agreement - Template, Sample Form Pro · NG-law

THIS TENANCY AGREEMENT is made on ________

BETWEEN

________, of the following address:

________

hereinafter referred to as (the "Landlord" which expression shall, where the context so admits, include his/her/its 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 his/her/its 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".

WHEREAS:

A. The Landlord is the beneficial owner of, and is entitled to grant the tenancy hereby created in respect of, the Demised Premises hereinafter described, which is situate at ________, Nigeria.

B. Subject to the terms and conditions hereinafter contained, the Landlord has agreed to grant, and the Tenant has agreed to accept, possession of the Demised Premises together with all appurtenances attached thereto for a fixed term of ________ certain.

C. This Agreement is made subject to the provisions of the applicable tenancy and recovery of premises legislation in force in the State in which the Demised Premises is situate.

NOW THIS AGREEMENT WITNESSETH that in consideration of the rent reserved and the covenants herein contained, the receipt of which is hereby acknowledged, the Parties hereby agree as follows:

§ 1. DEMISED PREMISES

(a) Subject to the terms and conditions of this Agreement, the Landlord agrees to let to the Tenant the following residential property together with all fixtures, fittings and appurtenances thereto (the "Demised Premises"):

________

(b) 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) no profession or trade shall be carried on so as to constitute a nuisance to the occupiers of adjoining properties;

(iii) no profession or trade shall 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. DURATION OF TENANCY

The tenancy hereby created is for a fixed term of ________, which term shall commence on ________ (the "Commencement Date") and shall determine on ________ (the "Expiration Date"), unless sooner determined in accordance with the provisions of this Agreement.

§ 3. RENT

(a) The Tenant shall pay to the Landlord rent in the sum of ₦________ (________) payable ________ in advance, free from all deductions.

(b) The rent shall be due and payable on ________ of each payment cycle and shall be paid by ________ into the account of the Landlord particulars whereof are as follows: ________.

(c) The Tenant shall, upon execution of this Agreement, pay to the Landlord a refundable caution/security deposit in the sum of ₦________, which sum shall be refunded to the Tenant at the determination of the tenancy less any sums lawfully deducted for unpaid rent, charges, or the cost of making good any damage beyond fair wear and tear.

(d) The Landlord shall, upon receipt of any rent, issue to the Tenant a valid written receipt acknowledging such payment in accordance with the applicable tenancy legislation.

§ 4. COVENANTS OF THE TENANT

The Tenant covenants with the Landlord as follows:

(i) to pay the reserved rent at the times and in the manner aforesaid;

(ii) to pay all rates, charges, assessments and outgoings now or hereafter chargeable in respect of the Tenant's use and occupation of the Demised Premises, including consumption charges for electricity, water and waste disposal;

(iii) to keep the interior of the Demised Premises 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;

(v) to observe all laws relating to the safety, sanitation, maintenance, and habitability of the Demised Premises;

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

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

(viii) not to alter or replace any locks on the Demised Premises without the prior written consent of the Landlord;

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

(x) to permit the Landlord and his agents to enter and view the state of repair of the Demised Premises at all reasonable times upon prior reasonable notice.

§ 5. COVENANTS OF THE LANDLORD

The Landlord hereby covenants with the Tenant as follows:

(i) that upon the timely payment of the reserved rent and the observance of the covenants herein, the Tenant shall peaceably hold and enjoy quiet possession of the Demised Premises during the term without interruption by the Landlord;

(ii) that the Demised Premises is in good and habitable condition as at the Commencement Date;

(iii) to pay and discharge all existing and future ground rent, tenement rate and other statutory charges imposed by any law upon the owner in respect of the Demised Premises during the term;

(iv) to keep the main structure, roof, external walls and structural installations of the Demised Premises in good and tenantable repair; and

(v) to observe all laws pertaining to the safety, sanitation, maintenance and habitability of the dwelling.

§ 6. CONDITION OF THE PREMISES

The Tenant agrees that the Demised Premises is in good order, repair and condition and is located in a clean and safe environment as at the Commencement Date.

§ 7. QUIET ENJOYMENT

The Landlord agrees that if the Tenant promptly pays the said rent and observes all the terms, conditions and covenants contained in this Agreement, the Tenant shall, during the term of the tenancy, peaceably hold and enjoy quiet and peaceful possession of the Demised Premises without any lawful interruption.

§ 8. NON-DELIVERY OF POSSESSION

(a) If the Landlord is unable to deliver possession of the Demised Premises to the Tenant at the Commencement Date through no fault of the Landlord, such possession shall be delivered to the Tenant within a reasonable time, and the Tenant agrees that the Landlord shall not be liable for breach of contract.

(b) If possession is delivered within such reasonable time, the Tenant agrees to accept the Demised Premises and to pay rent from the date the premises are delivered.

(c) If the Landlord is permanently unable to deliver possession through no fault of the Landlord, the Landlord shall refund any sum paid by the Tenant for the use of the Demised Premises, whereupon this Agreement shall be at an end and the Tenant agrees that the Landlord shall not be liable for breach of contract.

§ 9. ALTERATIONS AND IMPROVEMENT OF THE PREMISES

(a) The Tenant shall not, without obtaining the prior written consent of the Landlord, do any of the following:

(i) paint or significantly alter the appearance of the Demised Premises;

(ii) place or permit the placement of any placard, notice, poster or sign for advertising or any other purpose inside or outside the Demised Premises;

(iii) install any plant, equipment, machinery or apparatus;

(iv) demolish, rebuild or restructure any part of the Demised Premises;

(v) construct, alter, change or make any improvements in the building.

(b) If the Landlord approves any alteration, addition or improvement and the Tenant intends to engage contractors to undertake such work, such contractors or persons must be approved by the Landlord.

§ 10. MAINTENANCE AND REPAIR

The Tenant and other persons authorised by the Tenant shall at all times maintain and keep the Demised Premises and appurtenances in good and sanitary condition and repair, fair wear and tear excepted, during the term of this Agreement and any renewal thereof.

§ 11. MAINTENANCE OF ORDER

The Tenant agrees:

(i) not to make or permit the making of any loud or improper noises or otherwise cause nuisance to other residents; and

(ii) not at any time during the said term to do or permit to be done in the said premises any act which may constitute a nuisance or annoyance to neighbours and occupiers of adjoining premises.

§ 12. ASSIGNMENT AND SUBLETTING OF THE PREMISES

The Tenant undertakes not to assign, let, sublet, short-let or licence the use of the Demised Premises or any part thereof without the prior written consent of the Landlord.

§ 13. DANGEROUS MATERIALS

The Tenant agrees not to keep or permit the keeping of any inflammable, hazardous or dangerous materials on or around the Demised Premises.

§ 14. ANIMALS AND PETS

The Tenant agrees not to keep any animal or pet within or around the Demised Premises without the prior written consent of the Landlord.

§ 15. INSPECTION OF THE PREMISES

The Landlord may, at all reasonable times during the term of this tenancy and any renewal thereof and upon prior reasonable notice to the Tenant, enter the premises for the purpose of inspecting the same and/or carrying out any repairs thereon.

§ 16. DAMAGE TO PREMISES

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§ 17. TERMINATION

(a) This Agreement may be determined upon the service of the statutory notice to quit or notice of intention to recover possession in accordance with the applicable tenancy and recovery of premises legislation of the State in which the Demised Premises is situate.

(b) If the Tenant vacates or abandons the Demised Premises before the Expiration Date, the Tenant shall remain liable for any unpaid rent or charges due up to the Expiration Date or until the premises are re-let, whichever is earlier.

(c) Nothing in this Agreement shall be construed as authorising the Landlord to recover possession otherwise than through due process of law.

§ 18. SURRENDER OF THE DEMISED PREMISES

At the determination of this tenancy, the Tenant shall quit, surrender and deliver up possession of the Demised Premises together with all appurtenances attached and/or appropriated thereto in the same condition as at the Commencement Date, fair wear and tear excepted.

§ 19. INDEMNITY

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§ 20. NO WAIVER

Any failure or delay by the Landlord to enforce strict performance of any provision of this Agreement shall not be construed as a waiver of the Landlord's right to enforce the same or any other provision thereafter.

§ 21. BREACH OF CONTRACT

If the Tenant breaches any fundamental provision of this Agreement, it shall be lawful for the Landlord, subject to compliance with the statutory requirements for recovery of possession, to determine this Agreement, re-enter the Demised Premises and take full possession thereof, and to recover possession through due process of law.

The Tenant shall also be liable for damages, loss and 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.

§ 22. ABANDONMENT

If at any time during the term the Tenant abandons the premises or any part thereof before the Expiration Date, the Landlord shall, subject to compliance with the applicable law, have the right to re-possess and re-let the Demised Premises, and the Tenant shall remain liable to pay any outstanding rent and other sums which have become due and payable.

§ 23. 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 Parties agree that the courts of ________ shall have jurisdiction to settle any dispute or claim arising out of or in connection with this Agreement.

§ 24. DISPUTE RESOLUTION

The Parties shall use their best endeavours to settle amicably, by negotiation, any dispute arising out of or in connection with this Agreement. Where such dispute is not resolved within ________ days, the Parties may refer the dispute to mediation before resorting to litigation in the competent court.

§ 25. ENTIRE AGREEMENT

This Agreement, together with any document referred to herein, constitutes the entire agreement between the Parties and supersedes any prior written or oral agreement made between the Parties in respect of the subject matter hereof.

§ 26. SEVERABILITY

If any provision of this Agreement is held to be invalid, illegal or unenforceable by a court of competent jurisdiction, such provision shall be severed from this Agreement and the remaining provisions shall continue to be valid, binding and enforceable to the fullest extent permitted by law.

§ 27. NOTICES

Any notice required or permitted to be given under this Agreement shall be in writing and shall be deemed to have been duly given if delivered personally or sent by registered post or electronic mail to the addresses of the Parties stated in this Agreement, or to such other address as either Party may from time to time notify the other in writing.

§ 28. AMENDMENT

No amendment, variation or modification of this Agreement shall be valid or binding on the Parties unless made in writing and signed by or on behalf of both Parties.

§ 29. STAMP DUTY

This Agreement shall be stamped in accordance with the Stamp Duties Act (as amended), and the cost of stamping shall be borne by ________.

§ 30. COUNTERPARTS

This Agreement may be executed in any number of counterparts, each of which when executed and delivered shall constitute an original, and all of which together shall constitute one and the same agreement.

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

SIGNED, SEALED AND DELIVERED by the within-named Landlord

_________________________

________

in the presence of:

Name: ________

Address: ________

Occupation: ________

Signature: ________

SIGNED, SEALED AND DELIVERED by the within-named Tenant

__________________________

________

in the presence of:

Name: ________

Address: ________

Occupation: ________

Signature: ________