Residential Tenancy Agreement

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A Fixed-term tenancy is a type of tenancy that has a definite expiration date, such that the tenancy automatically (without a notice to quit) expires at the end of the period stated in the tenancy agreement. This tenancy may be for 3 years certain, 6 months, 2 years, etc. What this implies is that at the end of the 3 years, 6 months, or 2 years as the case may be, the tenancy automatically expires and the tenant must give up possession to the landlord (except the tenancy is renewed). Note that if landlord intends to terminate the tenancy before its expiration, the landlord must issue notice to quit to the tenant. However, a periodic tenancy is a type of tenancy that continues until terminated by either of the parties. Types of periodic tenancies include, yearly tenancy, monthly tenancy, weekly tenancy, etc. For this tenancy to be terminated by the landlord, the landlord must issue a notice to quit and seven days owner's intention to recover possession to the tenant. If the tenant intends to terminate the tenancy, the tenant must issue a notice to the landlord of its intention to terminate the tenancy.

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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 its 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 its successors-in-title and assigns) of the second part.

WHEREAS

A. The Landlord is the beneficial owner of the Demised Premises.

B. Subject to the terms and conditions hereinafter contained, the Landlord hereby grants the possession of the following Demised Premises together with all appurtenances attached thereto to the Tenant for a term of: ________ certain:

________

In consideration of the payment of the rent and the covenants contained herein, 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 the following rental property to the Tenant (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) 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 purposes.


2. DURATION OF TENANCY

The tenancy is hereby created for a fixed period of ________. Such term shall commence on ________ (the "Commencement Date"), and shall end on ________ (the "Expiration Date").


3. RENT

a. The Tenant shall pay the sum of ₦________ (________) every week. The rent shall be due on Mondays. The rent shall be considered advance payment for that week.

b. The Tenant shall pay the reserved rent in cash.


4. COVENANTS OF THE TENANT

The Tenant covenants with the Landlord as follows:

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

(II) to pay all taxes, rates, assessments and outgoings chargeable now or hereinafter imposed for the use of the Demised Premises;

(III) to keep the Demised Premises in good repair and condition at all times with reasonable wear and tear;

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

(V) to respect the laws on the safety, sanitation, maintenance, and habitability of the dwelling.

(VI) to keep the Demised Premises in good and sanitary condition always;

(VII) not to destroy, damage or remove any part 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 consent of the Landlord;

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


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 observing the covenants, the Tenant shall enjoy quiet and peaceful possession;

(II) that the Demised Premises is in good and habitable condition;

(III) to pay and discharge all existing and future ground rent imposed or charged by any law in respect of the Demised Premises during the term of the tenancy;

(IV) to deliver possession of the Demised Premises in a good state of repair, habitable and clean condition at the expiration of the term of the tenancy; and

(V) to respect the 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 located in a clean and safe environment.


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, enjoy quiet and peaceful possession on the premises.


8. NON-DELIVERY OF POSSESSION

a. If the Landlord is unable to deliver possession of the Demised Premises to the Tenant at the commencement of the tenancy due to 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 the Premises is delivered within such reasonable time, the Tenant agrees to accept the Demised Premises and pay the rent from the date the premises was delivered.

c. If the Landlord is unable to deliver possession of the Demised Premises to the Tenant due to no fault of the Landlord, the Landlord shall refund any sum paid by the Tenant for the use of the Demised Premises 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 consent of the Landlord, do as follows:

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

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

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

(IV) demolishing, rebuilding or restructuring any part of the Demised Premises;

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

b. If the Landlord approves any alteration, additions or improvements and the Tenant intends to use contractors to undertake such work, such contractors or persons must be approved by the Landlord.


10. MAINTENANCE AND REPAIR

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


11. MAINTENANCE OF ORDER

The Tenant agrees as follows:

(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, create or permit to be done in the said premises, any act which may constitute nuisance or annoyance to neighbours and occupiers of adjoining premises.


12. ASSIGNMENT AND SUBLETTING OF THE PREMISES

The Tenant undertakes not to let, sublet, short let or license the use of the Demised Premises or any part thereof.


13. DANGEROUS MATERIALS

The Tenant agrees not keep or permit the keeping of dangerous materials on or around the Demised Premises.


14. ANIMALS AND PETS

The Tenant agrees not to keep any animal as pets within or around the Demised Premises.


15. INSPECTION OF THE PREMISES

The Landlord shall at all reasonable times during the term of this tenancy and any renewal thereof, enter the premises for the purpose of inspecting the premises and /or making any repairs on the premises.


16. DAMAGE TO PREMISES

If any part of the Demised Premises is damaged or destroyed by fire, earthquake or by any other natural cause, the tenancy shall terminate at the date of the destruction.


17. TERMINATION

The Tenant may not terminate this Agreement prior to the date of the termination. If the Tenant vacates or abandons the Demised Premises before the Expiration Date, the Tenant shall be liable for any unpaid rent or fees until the natural termination of this tenancy.


18. SURRENDER OF THE DEMISED PREMISES

At the expiration of this tenancy, the Tenant shall quit, surrender, and deliver possession of the Demised Premises together with all appurtenances attached and or appropriated thereto in the same condition it was at the commencement of this tenancy with reasonable wear and tear.


19.
INDEMNITY

The Landlord shall not be liable for any damage or any injury to the Tenant or any other persons in the Demised Premises. The Tenant agrees to indemnify the Landlord against losses, claims, liabilities, damages, including reasonable attorney's fees, if any for which the Landlord may suffer or incur in connection with the Tenant's possession, use or misuse of the Premises, except for the Landlord's negligence.


20.
NO WAIVER

If the Tenant fails to enforce strict performance of any part of this Agreement, this shall not be construed as a waiver of the Landlord's right to enforce same.


21.
BREACH OF CONTRACT

It is hereby agreed that if the Tenant breaches any fundamental provision in this Agreement, this Agreement shall be determined and it shall be lawful for the Landlord to enter the Demised Premises upon the issuance of reasonable notice to the Tenant to take full possession and to eject the Tenant and all other persons found in the premises.

The Tenant shall also pay damages for loss and damage or costs incurred by the Landlord of a consequence of such breach by the Tenant and indemnify the Landlord from and against all actions, claims, liability, costs and expenses arising therefrom.


22.
ABANDONMENT

If at any time during the term of the lease, the Tenant abandons the premises or any part of the Premises before the date of termination, the Landlord shall have the right to possess and let the Demised Premises. The Tenant will be liable to pay any outstanding rent and other payments which have become due and payable.


23. JURISDICTION

The Parties agree that the Nigerian courts shall have the exclusive jurisdiction to settle any dispute or claim in connection with this Agreement.


24.
ENTIRE AGREEMENT

This Agreement and any other document referred to in this Agreement, constitutes the entire agreement between the parties and shall supersede any prior written or oral agreement made between the parties.


25. 8855855

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26. 588585588

82 2552 22 2588 825222222 85588 82 855825 25 2252825225 528288 8585 855852822 88 525225 525 882225 82 252 2552828.


27. 555588852558

52 522 2552 22 2588 825222222 88 5285 5222225825882 225 522 525822, 252 522582525 22 2588 825222222 85588 82228252 22 82 82 22582 525 5582 222282.


28. COUNTERPARTS

This Agreement may be executed in several counterparts, all of which constitutes a single agreement between the Parties.


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


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..........................................................................................................

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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 its 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 its successors-in-title and assigns) of the second part.

WHEREAS

A. The Landlord is the beneficial owner of the Demised Premises.

B. Subject to the terms and conditions hereinafter contained, the Landlord hereby grants the possession of the following Demised Premises together with all appurtenances attached thereto to the Tenant for a term of: ________ certain:

________

In consideration of the payment of the rent and the covenants contained herein, 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 the following rental property to the Tenant (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) 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 purposes.


2. DURATION OF TENANCY

The tenancy is hereby created for a fixed period of ________. Such term shall commence on ________ (the "Commencement Date"), and shall end on ________ (the "Expiration Date").


3. RENT

a. The Tenant shall pay the sum of ₦________ (________) every week. The rent shall be due on Mondays. The rent shall be considered advance payment for that week.

b. The Tenant shall pay the reserved rent in cash.


4. COVENANTS OF THE TENANT

The Tenant covenants with the Landlord as follows:

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

(II) to pay all taxes, rates, assessments and outgoings chargeable now or hereinafter imposed for the use of the Demised Premises;

(III) to keep the Demised Premises in good repair and condition at all times with reasonable wear and tear;

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

(V) to respect the laws on the safety, sanitation, maintenance, and habitability of the dwelling.

(VI) to keep the Demised Premises in good and sanitary condition always;

(VII) not to destroy, damage or remove any part 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 consent of the Landlord;

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


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 observing the covenants, the Tenant shall enjoy quiet and peaceful possession;

(II) that the Demised Premises is in good and habitable condition;

(III) to pay and discharge all existing and future ground rent imposed or charged by any law in respect of the Demised Premises during the term of the tenancy;

(IV) to deliver possession of the Demised Premises in a good state of repair, habitable and clean condition at the expiration of the term of the tenancy; and

(V) to respect the 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 located in a clean and safe environment.


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, enjoy quiet and peaceful possession on the premises.


8. NON-DELIVERY OF POSSESSION

a. If the Landlord is unable to deliver possession of the Demised Premises to the Tenant at the commencement of the tenancy due to 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 the Premises is delivered within such reasonable time, the Tenant agrees to accept the Demised Premises and pay the rent from the date the premises was delivered.

c. If the Landlord is unable to deliver possession of the Demised Premises to the Tenant due to no fault of the Landlord, the Landlord shall refund any sum paid by the Tenant for the use of the Demised Premises 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 consent of the Landlord, do as follows:

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

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

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

(IV) demolishing, rebuilding or restructuring any part of the Demised Premises;

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

b. If the Landlord approves any alteration, additions or improvements and the Tenant intends to use contractors to undertake such work, such contractors or persons must be approved by the Landlord.


10. MAINTENANCE AND REPAIR

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


11. MAINTENANCE OF ORDER

The Tenant agrees as follows:

(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, create or permit to be done in the said premises, any act which may constitute nuisance or annoyance to neighbours and occupiers of adjoining premises.


12. ASSIGNMENT AND SUBLETTING OF THE PREMISES

The Tenant undertakes not to let, sublet, short let or license the use of the Demised Premises or any part thereof.


13. DANGEROUS MATERIALS

The Tenant agrees not keep or permit the keeping of dangerous materials on or around the Demised Premises.


14. ANIMALS AND PETS

The Tenant agrees not to keep any animal as pets within or around the Demised Premises.


15. INSPECTION OF THE PREMISES

The Landlord shall at all reasonable times during the term of this tenancy and any renewal thereof, enter the premises for the purpose of inspecting the premises and /or making any repairs on the premises.


16. DAMAGE TO PREMISES

If any part of the Demised Premises is damaged or destroyed by fire, earthquake or by any other natural cause, the tenancy shall terminate at the date of the destruction.


17. TERMINATION

The Tenant may not terminate this Agreement prior to the date of the termination. If the Tenant vacates or abandons the Demised Premises before the Expiration Date, the Tenant shall be liable for any unpaid rent or fees until the natural termination of this tenancy.


18. SURRENDER OF THE DEMISED PREMISES

At the expiration of this tenancy, the Tenant shall quit, surrender, and deliver possession of the Demised Premises together with all appurtenances attached and or appropriated thereto in the same condition it was at the commencement of this tenancy with reasonable wear and tear.


19.
INDEMNITY

The Landlord shall not be liable for any damage or any injury to the Tenant or any other persons in the Demised Premises. The Tenant agrees to indemnify the Landlord against losses, claims, liabilities, damages, including reasonable attorney's fees, if any for which the Landlord may suffer or incur in connection with the Tenant's possession, use or misuse of the Premises, except for the Landlord's negligence.


20.
NO WAIVER

If the Tenant fails to enforce strict performance of any part of this Agreement, this shall not be construed as a waiver of the Landlord's right to enforce same.


21.
BREACH OF CONTRACT

It is hereby agreed that if the Tenant breaches any fundamental provision in this Agreement, this Agreement shall be determined and it shall be lawful for the Landlord to enter the Demised Premises upon the issuance of reasonable notice to the Tenant to take full possession and to eject the Tenant and all other persons found in the premises.

The Tenant shall also pay damages for loss and damage or costs incurred by the Landlord of a consequence of such breach by the Tenant and indemnify the Landlord from and against all actions, claims, liability, costs and expenses arising therefrom.


22.
ABANDONMENT

If at any time during the term of the lease, the Tenant abandons the premises or any part of the Premises before the date of termination, the Landlord shall have the right to possess and let the Demised Premises. The Tenant will be liable to pay any outstanding rent and other payments which have become due and payable.


23. JURISDICTION

The Parties agree that the Nigerian courts shall have the exclusive jurisdiction to settle any dispute or claim in connection with this Agreement.


24.
ENTIRE AGREEMENT

This Agreement and any other document referred to in this Agreement, constitutes the entire agreement between the parties and shall supersede any prior written or oral agreement made between the parties.


25. 8855855

888 2228828 52525 2588 825222222 2582 82 82 8582822, 552 2228828 2582 82 528882525 2258225882 25 258825 82 5 825282825 2588 22 252 22525 25522 52 252 5555288 8582222 82 2588 825222222 25 2552 25522'8 52225222.


26. 588585588

82 2552 22 2588 825222222 85588 82 855825 25 2252825225 528288 8585 855852822 88 525225 525 882225 82 252 2552828.


27. 555588852558

52 522 2552 22 2588 825222222 88 5285 5222225825882 225 522 525822, 252 522582525 22 2588 825222222 85588 82228252 22 82 82 22582 525 5582 222282.


28. COUNTERPARTS

This Agreement may be executed in several counterparts, all of which constitutes a single agreement between the Parties.


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


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..........................................................................................................