Is a tenancy agreement legally required in Nigeria?

While a verbal tenancy agreement is technically enforceable in Nigerian law, a written tenancy agreement is strongly advisable and is standard practice for all formal rentals. Without a written agreement, there is no documented record of the agreed rent, tenure, obligations, or notice period — which makes disputes almost impossible to resolve in your favour. In Lagos, the Lagos State Tenancy Law 2011 specifically requires landlords to provide a written tenancy agreement for residential tenancies. In other states, standard practice and legal prudence require the same.

Can a landlord change the rent before the tenancy agreement expires?

No — once a tenancy agreement is signed and the rent for the agreed period has been paid, a landlord cannot unilaterally change the rent during that tenancy period. They may propose a different rent at renewal. In Lagos, the Lagos State Tenancy Law requires landlords to give tenants at least 90 days' written notice of a proposed rent increase before the current tenancy expires. Tenants are not obligated to accept an increase — but if they refuse and the landlord does not renew, the landlord must follow the proper eviction process.

What happens if a landlord breaks the tenancy agreement in Nigeria?

If a landlord breaches a tenancy agreement (for example, by failing to carry out agreed repairs, trying to evict a tenant without following the legal process, or withholding a caution deposit without reason), the tenant has legal remedies. These include: (1) writing a formal demand letter to the landlord through a solicitor; (2) making a complaint to the appropriate Magistrate or High Court; (3) in Lagos, using the Rent Tribunal established under the Lagos State Tenancy Law. In practice, most disputes are resolved through negotiation between parties or their solicitors — litigation is slow.

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

A tenancy agreement is the most important document in a Nigerian rental transaction — but many tenants sign whatever is placed in front of them without reading it carefully. This guide explains what a valid Nigerian tenancy agreement must contain, what to negotiate before signing, and which clauses to refuse.

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

Parties to the agreement: Full legal names and addresses of both the landlord (or their representative) and the tenant.
Property description: Full address and description of the property being rented, including unit number or flat number if applicable.
Commencement date and duration: The exact start date of the tenancy and the length of the term (e.g., one year from 1 August 2026 to 31 July 2027).
Rent amount: The annual rent (or monthly rent if applicable) stated clearly in figures and words.
Rent payment terms: When rent is due, how it should be paid (bank transfer, cheque, cash), and to whom.
Permitted use: That the property may only be used for residential purposes (not commercial use, subletting, etc.).
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.
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.
Notice period: How much notice either party must give to end the tenancy or to propose renewal. In Lagos, the law requires a minimum 90-day notice to quit for a yearly tenancy.
Subletting clause: Whether the tenant may sublet any part of the property (typically prohibited without written landlord consent).
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).
Alteration clause: Whether the tenant may make alterations to the property and under what conditions.

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
A minimum 90-day notice to quit must be given for yearly tenancies
Tenants have rights under the law that cannot be contracted out of — any agreement clause purporting to waive these rights is unenforceable

Note: In practice, many Lagos landlords still demand 2 years in advance. Technically this contravenes the Tenancy Law, but enforcement is weak and many tenants comply to secure good properties.

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

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

Take the next step

Keep your research practical: search for property in Lagos, compare live options for properties in Lagos, or list your property on Cabans to reach active buyers and renters.

What is a tenancy agreement?

Essential clauses every Nigerian tenancy agreement must contain

Parties to the agreement: Full legal names and addresses of both the landlord (or their representative) and the tenant.

Property description: Full address and description of the property being rented, including unit number or flat number if applicable.

Commencement date and duration: The exact start date of the tenancy and the length of the term (e.g., one year from 1 August 2026 to 31 July 2027).

Rent amount: The annual rent (or monthly rent if applicable) stated clearly in figures and words.

Rent payment terms: When rent is due, how it should be paid (bank transfer, cheque, cash), and to whom.

Permitted use: That the property may only be used for residential purposes (not commercial use, subletting, etc.).

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.

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.

Notice period: How much notice either party must give to end the tenancy or to propose renewal. In Lagos, the law requires a minimum 90-day notice to quit for a yearly tenancy.

Subletting clause: Whether the tenant may sublet any part of the property (typically prohibited without written landlord consent).

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).

Alteration clause: Whether the tenant may make alterations to the property and under what conditions.

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

A minimum 90-day notice to quit must be given for yearly tenancies

Tenants have rights under the law that cannot be contracted out of — any agreement clause purporting to waive these rights is unenforceable

Note: In practice, many Lagos landlords still demand 2 years in advance. Technically this contravenes the Tenancy Law, but enforcement is weak and many tenants comply to secure good properties.

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

Read every clause — do not sign a document you have not read

Confirm the rent amount matches what was verbally agreed

Confirm the tenancy start date and end date are correct

Confirm the caution deposit amount is recorded and stated as refundable

Confirm the notice period on both sides is fair and clear

Confirm the maintenance responsibilities are clearly allocated

Ask a solicitor to review if you are uncertain about any clause — the legal fee you pay should include this