A tenancy agreement is a legal document that describes the landlord and tenant’s responsibility for an apartment within a stipulated period as agreed between both parties. It is a document that consummates the legal relationship with intending tenants. Signing the document shows a mutual understanding and acceptance of the terms of tenancy for the period the tenant will take over possession of the apartment. The tenancy agreement becomes legally binding when both parties append their signatures and extend the same to at least one witness from both sides.
A tenancy agreement is not compulsory for all types of apartments as there is already an implied relationship between parties when oral negotiation is concluded and money is exchanged hands. However, it is the responsibility of the landlord to insist that tenants sign the agreement; it is also in the tenant’s interest to read and sign the agreement to protect him or her from unscrupulous landlords.
The tenant is expected to thoroughly read agreement issues to him before signing, this allows the tenant to identify areas not acceptable or unclear clauses and revert to the lawyer or landlord to review or change accordingly.
The document should be between four to five pages to allow easy and quick study and flexibility.
A tenancy agreement is organized in the following format;
Cover Page
This is the first page you will see when a tenancy agreement is handed to you. It comprises the following;
Title of the document
Date of preparation
Parties the document is intended for
Subject accommodation
Details of the lawyer who prepared the document including name, office address, signature, current stamp, and seal.
Introduction
This part of the document introduces the parties involved (landlord and tenant), their full names and residential or office address must be written. This section reiterates to the reader that the landlord owns the property in question and is willing to let to the other party (tenant). It further describes the property and facilities in it. The commencement and termination date of the tenancy is written, and the part to be let or leased is also made known. The use to which the property must be put is highlighted in bold for emphasis.
Others include; the amount paid as rent, service charge, and caution deposit (refundable or non-refundable). The conditions for rent renewal, review, and termination, the tenancy period and type of tenancy, and the condition that the property should be kept during the tenure.
The Tenancy Terms and Condition
The landlord itemizes rules and regulations to be observed by tenants. He could add other special rules or covenants that he wants the tenant to obey.
The landlord and tenant’s responsibility or covenants.
The condition that could lead to termination of tenancy
The Signature Section
This is where the landlord and landlord’s witness will sign in evidence of acceptance of the terms of the agreement.
The tenant also signs with his or her witness
Sample of Tenancy Agreement
TENANCY AGREEMENT`
THIS TENANCY AGREEMENT made on the 11th day of August 2019 BETWEEN ……………………………. acting on its lawful attorney …………………………………………….., 13, Realm Road,, P. O. Box 222, Lagos (hereinafter called “ the Landlord” which expression shall where the context so admits shall include his assigns and legal representatives) of the one part AND MR. ……………………………. of ……………………………………….. (hereinafter called “The Tenant which expression shall where the context so admits shall include their heirs, assigns and successor-in-title) of the other part.
BY WHICH IT IS AGREED as follows: –
- The Landlord LETS and the Tenant TAKES ALL THAT 3 (Three) bedroom flat, three toilets, one bathroom, kitchen, (hereinafter called, “The Demised Premises”) of the building situated at ………………………………………….., “The Building” TOGETHER with the fixtures and fittings for the use of the Tenant and her household and to use in common with other tenants of the parts of the building like the entrance hall, and landing leading to the Demised Premises.
- The Tenancy shall be a tenancy for a fixed one year commencing from 1st October 2019 to 30th September 2020 at the yearly rent of N2, 000, 000.00 (TWO MILLION NAIRA) per annum paying there the sum of N1, 000, 000.00 (ONE MILLION NAIRA) on 2nd day of October 2019 the receipt of which the Landlord acknowledges representing one year and six months’ rent in advance.
- THE TENANT AGREES with the Landlord as follows:
- To pay the rent in the manner stated in clause 2.
(2) To pay a caution deposit of N100,000.00 (HUNDRED THOUSAND NAIRA) refundable at the end of the tenancy provided that all bills and tenant outgoings have been settled as of the date.
(3) To pay a service charge as shall be determined from time to time for the security men, cleaning and maintenance of all common facilities within the premises.
(4) To keep the interior of the Demised Premises and the doors and windows and the fittings and the Landlord’s fixtures in them in good and tenantable repair reasonable wear and tear damage by accidental fire or other damage not caused by any act or default of the Tenant excepted.
(5) To pay to the relevant suppliers all charges for electricity, water, and telecommunications (including rentals) consumed or used on the Demised Premises during the tenancy.
(6) To permit the landlord and his agents and workmen during the tenancy at all reasonable hours in the daytime to view the condition of the Demised Premises and to carry out any necessary repairs to the exterior or roof or other part of the Building.
(7) Not at any time during the said term without the written consent of the landlord first obtained to erect or place any additional building or erection or structure in or amend or alter any part of the Demised Premises.
(8) At the request in writing of the landlord to pull down and remove any structure erection alteration or addition erected or made in breach of any of the clauses of this agreement.
(9) To use the Demised Premises as residential premises only and in particular not to use or permit or suffer them to be used as business or professional office.
(10) Not to carry on or permit the Demised Premises or part of it to be used as a factory or for any form of religious worship or gathering.
(11) Not to rear or keep any animals or carry on or set up any poultry or piggery business in the Demised Premises.
(12) Not to assign, transfer, underlet, or part with the possession of the Demised Premises or any part thereof without the consent of the landlord in writing first obtained.
(13) To undertake responsibility for the actions and conduct of the servants of the tenant.
(14) Not to do or permit to be done upon the Demised Premises anything which in the opinion of the landlord may be or become a nuisance or annoyance to or in any way interfere with the quiet or comfort of other occupiers of the neighboring or adjoining premises.
(15) To make good any damage to the Demised Premises which shall be caused by the Tenant, their servants or visitors and agents and the cost of making good such damage shall if incurred by the landlord be payable to him by the tenant promptly on demand.
(16) At the expiration or sooner determination of the said term to peaceably yield up to the landlord the Demised Premises in the state of repair and condition stipulated in this agreement including painting of the apartment.
- THE LANDLORD AGREES with the Tenant as follows:
- To pay all present and future rates, taxes, assessments, and outgoings payable in respect of the Building except charges for electricity, water rates, sanitation, security, and for any other service.
- To keep the outside of the Building and its compound and the roof main walls and main timbers of the Building and the entrance hall stairs landing in good and tenantable repair and condition.
- That the Tenant paying the rents and performing and observing all their obligations under this agreement may quietly enjoy the Demised Premises during the tenancy without any interruption by the landlord or any person rightfully claiming through or under or in trust for him.
- PROVIDED ALWAYS and it is hereby expressly agreed as follows:
(i) The Landlord may at his discretion on a written request from the Tenant and if there shall not at the time of such request be any existing breach or non-observance of any of the terms or conditions on the part of the Tenant hereinbefore contained, at the cost to the Tenant, grant to the tenant a tenancy of the Demised Premises for a further period of one year and at a rent to be agreed between the parties subject to the same terms and conditions as are contained in this agreement except the present agreement for renewal.
(ii) Where the landlord determines the tenancy before the expiration of the term hereby granted, he shall refund the Tenant a proportionate part of the rent paid in advance, taking into account the remaining period of the term.
IN WITNESS WHEREOF the parties hereto have executed this agreement.
Signed by the within-named Landlord)
……………………………………………. By
It’s Attorney ………………………….. ) .………………….
In the presence of:
Name: …………………………………….
Address: …………………………………..
Occupation: ……………………………….
Signature: …………………………………
Signed by the within-named Tenant)
………………………) ………………
In the presence of:
Name: ………………………………………
Address: ……………………………………
Occupation: ……………………………….
Signature: …………………………………