WHO PREPARES A TENANCY AGREEMENT IN NIGERIA?

WHO PREPARES A TENANCY AGREEMENT?

 A tenancy agreement is a common agreement between landlords and tenants. Tenants must adhere to specific guidelines, such as paying rent on time or keeping the property clean while living there in order for them to continue living at their homes. Can a tenancy agreement be made by the landlord, the tenant? Who makes a tenancy agreement?

A Tenancy Agreement is a contract between a Landlord and the Tenant which sets out the rights and obligations of both the Landlord and the Tenant when renting property in Nigeria.

A Tenancy Agreement is not mandatory, and the fact that a tenancy agreement does not exist in a tenancy relationship does not mean that the Landlord and Tenant have no rights in the tenancy. Both Landlord and Tenant have something called implied rights in all Tenancy relationships whether or not a Tenancy Agreement exists. However, a Tenancy Agreement is important because it provides further protection for both the Landlord and Tenant, and it expands on the implied rights.

If you are a Landlord about to rent out your property, or if you are Tenant about to rent a property, it is advisable that you insist that there is a Tenancy Agreement.

Typically, the Nigerian Tenancy Agreement is written by the lawyer. In Nigeria, the Tenancy Agreement is in most cases created by the lawyer. And the Landlord, who is the owner of the property set the terms on which they want to rent their property and present this to the Tenant. The lawyer charges for the tenancy agreement. A tenancy agreement will be drafted by a lawyer with whom the landlord chooses to work with.

Tenants are advised to review their Tenancy Agreements to ensure they are protecting their interests. While most tenancy agreements are straightforward, some people still do not find them easy to understand. It is advised where possible to have a lawyer review the terms and advice on how they affect the tenant’s rights now and in the future.

The rights of a tenant include: Request for habitable premises due to flooding or damages; Privacy; Freedom from any sort of disturbances; Use of certain areas which are common lawfully, etc.

You need to ensure that your tenancy agreement includes the following terms and information, at the very least: Tenant’s identity and address for the Landlord; The property address; The commencement and termination dates of the tenancy/lease; The rent amount; Additional charges, such as legal fees, agency commissions, security deposits, service charges, etc. ;Tenant and landlord obligations; Tenant’s responsibilities regarding bills.

Tenancy agreements are the most important part of any rental agreement, as they govern the relationship between both parties. As a tenant, insist on signing a tenancy agreement form to avoid unnecessary issues.

Before renting out a property in Nigeria, it is important that you create a tenancy agreement with the tenant. The prospective landlord will provide the Tenancy Agreement to you when you become a tenant. The landlord’s lawyer can also prepare the tenancy agreement on behalf of the landlord and present it to you on arrival.

We recommend talking with a lawyer who can give you a quick review of the tenancy agreement and assist you with understanding the implications.

WRITTEN BY: CHAMAN LAW FIRM TEAM

E-MAIL: chamanlawfirm@gmail.com / info.chamanlawfirm.com

TEL: 08065553671, 08024230080