Tenancy Agreement in Nigeria: Template, What It Must Contain and What to Check Before Signing

A tenancy agreement sets out the terms under which a landlord lets a tenant occupy a property. It may be oral or written; this guide focuses on a written agreement in Nigeria and the rent, duration, repairs and other clauses to check before signing.

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What is a tenancy agreement?

A tenancy agreement (also called a lease agreement or tenancy deed) is a written contract between a landlord (the lessor) and a tenant (the lessee) that sets out the terms under which the tenant occupies the property. It establishes the rights and obligations of both parties for the duration of the tenancy.

In Nigeria, tenancy agreements are typically prepared by the landlord's solicitor. The tenant usually pays a “legal fee” as part of their move-in costs — this is the fee charged for preparing the agreement. However, the tenant has a right to review and negotiate the terms before signing, even if the document was prepared by the landlord's side.

Essential clauses every Nigerian tenancy agreement must contain

1. Parties to the agreement: Full legal names and addresses of both the landlord (or their representative) and the tenant.
2. Property description: Full address and description of the property being rented, including unit number or flat number if applicable.
3. Commencement date and duration: The exact start date of the tenancy and the length of the term, with the end date written out (for example, one year from the first day of a stated month to the last day of the month before it a year later).
4. Rent amount: The annual rent (or monthly rent if applicable) stated clearly in figures and words.
5. Rent payment terms: When rent is due, how it should be paid (bank transfer, cheque, cash), and to whom.
6. Permitted use: That the property may only be used for residential purposes (not commercial use, subletting, etc.).
7. Maintenance responsibilities: Which repairs and maintenance obligations fall to the landlord and which to the tenant. Standard practice: structural repairs (roof, plumbing, electrical infrastructure) are the landlord's responsibility; internal upkeep is the tenant's.
8. Caution deposit: The amount of any refundable caution deposit held, and the conditions under which it can be withheld at the end of the tenancy.
9. Notice period: How much notice either party must give to end the tenancy or to propose renewal. In Lagos, the Tenancy Law 2011 sets six months' notice to quit for a yearly tenancy, three months for a quarterly or half-yearly tenancy and one month for a monthly tenancy, unless the agreement says otherwise.
10. Subletting clause: Whether the tenant may sublet any part of the property (typically prohibited without written landlord consent).
11. Re-entry clause: The conditions under which the landlord may re-enter the property (typically only after a court order, not by self-help eviction).
12. Alteration clause: Whether the tenant may make alterations to the property and under what conditions.

Tenancy agreement template

Below is a plain sample tenancy agreement for a residential flat or house in Nigeria. Replace every item in square brackets, delete what does not apply, and keep both signed copies. It is a starting point, not legal advice: tenancy law differs from state to state, so have a lawyer review it before signing, and ask whether the agreement should be stamped.

Speak to a lawyer before signing. This fill-in template keeps the clauses below, but it cannot check whether they suit your property, your agreement or your state's tenancy law. Review every clause and both schedules with the other party, then arrange signatures and witnesses.

Keep the signed agreement on file in Cabans.

Using the template: write the rent in words as well as figures, make the start and end dates exact, and keep the caution deposit clause saying it is refundable. Get a receipt for every payment that matches the names, address, amount and dates in the agreement. See the rent receipt template.

State-specific differences: Lagos

The Lagos State Tenancy Law 2011 introduced specific protections for residential tenants that take precedence over contrary agreement terms:

• Landlords cannot demand more than one year's rent in advance from a new residential tenant
• Any clause demanding more than one year's advance rent is void
• Tenants cannot be evicted without a court order, regardless of any “self-help” eviction clause in the agreement
• Six months' notice to quit for a yearly tenancy (three months for quarterly or half-yearly, one month for monthly), unless the agreement provides otherwise
• Tenants have rights under the law that cannot be contracted out of — any agreement clause purporting to waive these rights is unenforceable

Note: some landlords still ask for more than a year in advance. In Lagos that conflicts with the Tenancy Law; if you are asked for it, get legal advice before you pay.

Red flags: clauses to refuse or negotiate

• “The landlord may increase rent at any time with 30 days' notice.” — Unacceptable. Rent during a fixed term should be fixed. Push back.
• “The tenant waives the right to a court order before eviction.” — In Lagos, this is void under the Tenancy Law. In other states, it is unconscionable and should be struck out.
• “The caution deposit is non-refundable.” — A caution deposit should be refundable at the end of the tenancy, subject to any deductions for genuine damage. Negotiate this clause.
• “The tenant is responsible for all repairs including structural.” — Structural repairs (plumbing, electrical mains, roof) are the landlord's obligation. Negotiate accordingly.
• “The landlord may enter the property at any time.” — The landlord needs reasonable notice (typically 24 hours minimum) before entering except in emergencies.

Before you sign: your checklist

1. Read every clause — do not sign a document you have not read
2. Confirm the rent amount matches what was verbally agreed
3. Confirm the tenancy start date and end date are correct
4. Confirm the caution deposit amount is recorded and stated as refundable
5. Confirm the notice period on both sides is fair and clear
6. Confirm the maintenance responsibilities are clearly allocated
7. Ask a solicitor to review if you are uncertain about any clause — the legal fee you pay should include this

Related guides: Tenant Rights in Nigeria, Move-In Costs Nigeria, How to Negotiate Rent in Nigeria.

For the next steps, use the rent receipt generator and quit notice template, or return to all free landlord tools.