How do I Draft a Tenancy Agreement for My Lekki Property?
Introduction
Property investment in Lekki, Lagos, is one of the most rewarding ventures in Nigeria today. However, the difference between a successful and a problematic tenancy often lies in one crucial document — the tenancy agreement. Whether you’re leasing a luxury duplex in Lekki Phase 1, a serviced apartment in Chevron Drive, or a studio flat in Agungi or Ikate, having a properly drafted tenancy agreement protects your rights as a landlord, clarifies the obligations of your tenant, and prevents future disputes.
A tenancy agreement is not just a formality. It is the legal foundation of the landlord-tenant relationship. It sets out the terms of occupation, rent amount, duration, repair obligations, service charges, termination rights, and other key details that govern the tenancy. Without a valid agreement, even the most reputable landlord in Lekki risks losing control over their property or facing costly litigation.
This article provides a complete, lawyer-level guide on how to draft a tenancy agreement for your Lekki property. It explains every clause you must include, outlines the legal framework under Lagos State law, provides drafting tips, and highlights common mistakes to avoid. You will also find a case study showing how a well-written tenancy agreement protected a Lekki landlord, plus a FAQ section addressing common questions about tenancy drafting and enforcement.
Understanding What a Tenancy Agreement Is
A tenancy agreement is a written contract between a landlord and tenant that governs the occupation and use of a property. It clearly states the terms under which the tenant is permitted to occupy the premises and the conditions upon which the tenancy can be renewed or terminated.
Under the Lagos State Tenancy Law 2011, all tenancy relationships must be supported by a written agreement. In Lekki, where property values are high and disputes can be expensive, a detailed tenancy agreement is not optional — it is mandatory.
The agreement must specify:
The identity of the landlord and tenant.
The property description and address.
The rent amount, payment schedule, and duration.
The rights and obligations of both parties.
The conditions for renewal or termination.
Any special clauses, such as service charge or maintenance terms.
A well-drafted tenancy agreement ensures both parties have a clear understanding of their duties and expectations.
Legal Framework Governing Tenancy Agreements in Lekki
Tenancy agreements in Lekki are primarily governed by:
The Lagos State Tenancy Law 2011
The Landlord and Tenant (Rent Control and Recovery of Premises) Laws
The Stamp Duties Act (for stamping and validation)
The Land Use Act (1978)
Applicable contract law principles
These laws regulate rent, eviction, notice periods, and other tenancy-related issues. Any tenancy agreement drafted in Lekki must comply with these provisions to be legally enforceable.
Why Every Lekki Landlord Needs a Written Tenancy Agreement
Many property owners in Lekki still rely on verbal tenancy arrangements, especially when dealing with tenants they trust. Unfortunately, oral agreements have led to major losses and protracted disputes.
Here’s why every landlord in Lekki should have a written tenancy agreement:
Legal enforceability: Only a written and stamped tenancy agreement is admissible in court.
Proof of terms: It provides evidence of agreed rent, duration, and conditions.
Protection from illegal claims: It prevents tenants from denying obligations.
Structured property management: It simplifies rent collection, renewals, and dispute resolution.
Compliance with law: Lagos law mandates written tenancy documentation.
In essence, a tenancy agreement is your shield as a landlord and your proof of control over your investment.
Essential Clauses to Include in a Tenancy Agreement for Your Lekki Property
To draft an effective tenancy agreement, every clause must be deliberate, clear, and legally sound. Below are the essential sections your tenancy agreement should contain:
Parties to the Agreement
The agreement must clearly identify both the landlord (lessor) and the tenant (lessee), including their full names, addresses, and means of identification. If an agent signs on behalf of either party, this must be expressly stated and authorized.
Example:
“This Tenancy Agreement is made between Mr. Adewale Johnson of No. 15 Admiralty Road, Lekki Phase 1 (hereinafter referred to as ‘the Landlord’) and Mrs. Ijeoma Okafor of No. 3 Chevron Drive, Lekki (hereinafter referred to as ‘the Tenant’).”
Description of the Property
Provide an accurate description of the property, including address, apartment number, floor, or building name. In multi-unit complexes, specify which part is being leased and whether the tenant has access to shared facilities like parking lots or swimming pools.
Duration of Tenancy
The duration clause defines how long the tenant is entitled to occupy the property. This could be:
Yearly tenancy (most common in Lekki)
Monthly tenancy
Short-term tenancy (for serviced apartments or Airbnb units)
Specify commencement and expiration dates.
Example:
“The tenancy shall commence on the 1st day of June 2025 and terminate on the 31st day of May 2026.”
Rent Amount and Payment Terms
The rent clause must state:
The annual or monthly rent amount.
The mode of payment (bank transfer, cheque, or cash).
The due date for payment.
Whether service charges are included or separate.
It is also advisable to include a clause requiring the issuance of rent receipts after each payment, in compliance with Section 5 of the Lagos Tenancy Law.
Rent Review or Increase Clause
Since property values in Lekki often rise, the landlord may wish to include a rent review clause. This allows adjustment after the initial term but requires reasonable notice (usually 6 months) and must reflect market conditions.
Example:
“The Landlord reserves the right to review the rent at the expiration of the initial term by giving not less than six (6) months written notice to the Tenant.”
Security Deposit or Caution Fee
This clause specifies the caution deposit amount, usually one to two months’ rent, to cover potential damage or unpaid bills. It should also state the conditions for refund:
“The caution fee shall be refundable within thirty (30) days after the Tenant vacates, subject to deductions for any damages.”
Use of Property
Define the permitted use — residential, commercial, or mixed. Restrict illegal or nuisance activities to protect the property and neighbors.
“The Tenant shall not use the premises for any unlawful, immoral, or commercial purpose inconsistent with residential occupation.”
Repairs and Maintenance Obligations
This clause allocates responsibility for repairs:
Landlord: Structural repairs, external walls, roofing, plumbing, electrical systems.
Tenant: Minor repairs, internal cleaning, and daily maintenance.
Clear distinctions here prevent common disputes over who should fix what.
Service Charge and Utility Payments
In Lekki estates, service charges often cover security, waste disposal, cleaning, and electricity for common areas. This clause must specify:
Who manages the service charge (landlord, agent, or estate manager).
The amount payable and due dates.
Consequences of default.
Tenants should also bear responsibility for utilities (power, water, internet, and gas).
Access and Inspection Rights
Landlords must include a clause allowing access for inspections, with reasonable notice, usually 24–48 hours. This prevents tenants from denying access for maintenance.
Alterations and Improvements
Prevent unauthorized renovations by including:
“The Tenant shall not alter or make structural changes to the property without prior written consent of the Landlord.”
Insurance and Indemnity
To protect both parties:
“The Landlord shall insure the property against fire and structural damage, while the Tenant shall indemnify the Landlord against damages caused by negligence or misuse.”
Termination Clause
This outlines the conditions for ending the tenancy. Termination must comply with the notice periods under the Lagos Tenancy Law:
One week for weekly tenants.
One month for monthly tenants.
Three months for quarterly or half-yearly tenants.
Six months for yearly tenants.
Include grounds for termination such as rent default, illegal use, or damage.
Renewal Clause
Provide an option for renewal and specify how notice should be given. Example:
“Either party intending to renew this tenancy shall give at least three (3) months’ written notice before expiration.”
Default and Breach
Define what constitutes a breach and the remedies available, including interest on late payments and recovery of possession through court order.
Dispute Resolution
It’s best to include a clause for mediation or arbitration before litigation. In Lekki, disputes can be referred to:
Lagos Multi-Door Courthouse (LMDC)
Citizens Mediation Centre (CMC)
Customary or Magistrate Courts
Example:
“Any dispute arising from this tenancy shall first be referred to mediation at the Lagos Multi-Door Courthouse before any court action.”
Signatures and Witnesses
The agreement must be signed by both landlord and tenant, with at least two witnesses. Each page should be initialed to prevent alteration.
Stamping and Registration
For the agreement to be legally valid, it must be stamped at the Lagos State Internal Revenue Service (LIRS) within 30 days of execution. Stamping attracts 1.5% of the rent value as duty. Without stamping, the document cannot be admitted in court.
Common Mistakes to Avoid When Drafting Tenancy Agreements in Lekki
Using generic templates — Each property and arrangement is unique.
Omitting service charge details — A major source of Lekki disputes.
Ignoring legal notice periods — Leads to invalid evictions.
Failing to stamp or register — Makes the agreement unenforceable.
Not defining maintenance duties — Causes constant landlord-tenant friction.
Avoiding these mistakes ensures your agreement stands firm in law.
Practical Tips for Drafting a Strong Agreement
Engage a property lawyer familiar with Lekki’s real estate laws.
Ensure all terms are clearly written and signed.
Specify penalties for late rent or breach.
Attach inventory lists for furnished apartments.
Keep copies of all communications and receipts.
Periodically review agreements for renewal or amendment.
Professional drafting minimizes the risk of future litigation.
Case Study: How a Well-Drafted Tenancy Agreement Saved a Lekki Landlord
Background:
Mr. Daniel, a property owner in Lekki Phase 2, leased his four-bedroom duplex to a tenant for ₦10 million per year. The tenant defaulted after six months, refused to vacate, and claimed the property required repairs.
Action Taken:
Fortunately, Mr. Daniel’s tenancy agreement—prepared by Chaman Law Firm—contained a clear default clause, maintenance provisions, and a mediation requirement. The firm initiated mediation at the Lagos Multi-Door Courthouse, after which the tenant agreed to pay arrears and vacate peacefully.
Outcome:
The landlord regained possession legally, avoided a long court case, and recovered his money through enforcement of the agreement. This case underscored how a properly drafted tenancy document safeguards landlords in Lekki’s competitive property market.
Frequently Asked Questions (FAQ)
Q1. Must every tenancy agreement in Lekki be in writing?
Yes. The Lagos State Tenancy Law requires that all tenancies be in writing, stating clear terms and obligations.
Q2. Who prepares the tenancy agreement — the landlord or the tenant?
Usually, the landlord or their lawyer prepares it. The tenant reviews and signs if agreeable.
Q3. Is stamping compulsory?
Absolutely. Stamping validates the agreement and makes it admissible in court.
Q4. Can I use an online template?
While templates exist, they rarely comply with Lagos laws or cover Lekki-specific issues like service charge and estate regulations. Always have a lawyer review or draft it.
Q5. How long should a tenancy agreement last?
Typically one year for residential leases, but it may vary depending on the arrangement.
Q6. Can the landlord increase rent anytime?
No. Rent increases must follow notice procedures and reflect market conditions.
Q7. What happens if a tenant refuses to leave after expiry?
The landlord must serve notices and obtain a court order for recovery of premises. Self-help eviction is illegal.
Q8. Are service charges part of rent?
Not usually. Service charges are separate payments for estate facilities and utilities unless otherwise agreed.
Q9. Who pays the lawyer’s drafting fee?
Traditionally, both parties share legal costs, but in practice, the landlord bears the initial expense.
Q10. Can foreigners rent properties in Lekki under the same law?
Yes. Foreign tenants are subject to the same tenancy rules and protections under Lagos law.
Conclusion: Secure Your Property Through Proper Legal Documentation
A well-drafted tenancy agreement is the strongest protection a landlord can have in Lekki’s thriving property market. It establishes legal clarity, ensures compliance with the Lagos State Tenancy Law, and prevents future disputes.
Whether you own a single apartment or manage an entire estate, take tenancy documentation seriously. Avoid shortcuts, verbal agreements, or unverified templates. Instead, rely on experienced real estate lawyers who understand Lekki’s property environment, estate rules, and tax implications.
At Chaman Law Firm, we specialize in drafting, reviewing, and enforcing tenancy agreements, representing both landlords and tenants across Lagos and Ogun States. Our legal experts ensure that your interests are protected, your documents are legally valid, and your property remains profitable and secure.
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Protect your Lekki property with a professionally drafted tenancy agreement — done right, done legally, and done with Chaman Law Firm.