Tenancy agreement (lease agreement)

A tenancy agreement records the deal: who the landlord and tenant are, which property is let, the rent and how often it is paid, the start date and length, and the rules both sides agree to follow.

Oral or written. Under the Tenancy Law of Lagos State 2011, a tenancy exists whenever premises are let for rent, whether the agreement is written or oral, express or implied. A written agreement is still the norm in Nigerian cities, and it is the best evidence if anything goes wrong.

Duties the law fills in. Where the agreement says nothing, the 2011 Lagos law implies basic duties. The tenant must pay rent, keep the property in good repair, apart from normal wear and tear, and not sublet without the landlord's written consent. The landlord must allow quiet enjoyment, keep the outside and shared parts in repair, insure the building and not seize the tenant's goods. The agreement can change some of these, so read it.

Who drafts it. Usually the landlord's lawyer, and the tenant is asked to pay a legal fee. You can ask for a draft in advance and have it checked.

• Lagos: the 2011 Tenancy Law fills gaps in the agreement, sets advance-rent limits and default notice periods. It does not apply in Apapa, Ikeja GRA, Ikoyi and Victoria Island.
• Abuja (FCT): the Recovery of Premises Act governs ending the tenancy; the agreement governs most other terms.
• Other states: each state has its own rent or recovery-of-premises law. Check which applies before relying on Lagos rules.

A sample tenancy agreement in Nigeria usually covers:

• The parties' full names and addresses, and the property address.
• The rent, how often it is paid and the date of each payment.
• The start date and the length of the term, and whether it renews.
• Every other charge: service charge, caution fee and when it is refunded.
• Repairs: who fixes what, inside and out.
• Subletting, short letting and use of the property.
• How either side can end the tenancy and the notice to quit required.
• Rent review: when and how the rent can change.
• Signatures of both parties and witnesses, with the date.