Last Updated March 26, 2024
Residential Tenancy Agreement
A Residential Tenancy Agreement is also known as:
- Residential lease agreement
- Property lease agreement
- Room rental agreement
What is a Residential Tenancy Agreement?
A Residential Tenancy Agreement outlines the terms and conditions of a tenancy, including the rights and obligations of the landlord and tenant. This agreement is specific to residential properties such as houses, flats, duplexes, townhouses, rooms, and more.
How do I write a Residential Tenancy Agreement?
Use LawDepot’s Residential Tenancy Agreement template to create a custom contract. Enter your information into the questionnaire, then download, print, sign, and execute your legally binding lease agreement.
You’ll need the following information to complete the form:
- Tenancy details: the date the tenancy starts, how often it renews (or when it ends), and the date of possession
- Property details: the address, parking information, and any furnishings included
- Landlord and tenant details: names and contact information
- Rent payments: the rent amount, how often the tenant must pay, and the acceptable forms of payment
- Use of property: if the landlord allows pets, smoking, or home businesses
- Utility and maintenance responsibilities: water, gas, and electricity bills; maintenance of fixtures, pathways, and gardens
What are the advantages of leasing?
Leasing property benefits both landlords and tenants in different ways.
Leasing advantages for landlords:
- Leasing provides a reliable source of income
- Your property will likely increase in value over time
- You gain experience as a business owner
Leasing advantages for tenants:
- You typically avoid paying maintenance costs and real estate taxes
- You may avoid responsibility for repairs and renovations
- Better chances of finding an affordable property in an ideal location
- You’ll likely pay less for insurance and utilities
Who is on a tenancy agreement?
In addition to the landlord’s details, you should also include information about the tenants and occupants on the property.
Tenants are the people who sign the lease agreement, binding them to the terms and conditions of the tenancy. The Residential Tenancy Agreement is between the tenants and the landlord only. Anyone responsible for rent payments and upholding the lease terms should sign the agreement as a tenant.
Occupants are people who live on the property with the landlord’s permission. An occupant doesn’t have the same rights or obligations as a tenant. For instance, an occupant isn’t responsible for rent payments or damage deposits. Occupants can be both adults and minor children. They don’t have to sign the agreement, but you should list their names.
What are the types of tenancy?
LawDepot’s Residential Tenancy Agreement template allows you to choose between a periodic tenancy or a fixed-term tenancy.
A periodic tenancy, also known as automatic renewal, has no set end date. In this case, the tenancy renews every year or month until one of the parties ends the lease.
Landlords may prefer month-to-month rentals because of the flexibility they provide. For instance, landlords can implement changes (such as increasing the rent or removing amenities) to lease terms quickly. It’s important to note that the landlord must provide proper notice to the tenant before changing lease terms.
Similarly, tenants may prefer month-to-month rentals if they need the flexibility to move on short notice.
A fixed-term tenancy ends on a specific date and doesn’t often require a notice to terminate.
Landlords may prefer fixed-term tenancies because they gain peace of mind knowing they have a secure income for a time. In this case, they can budget into the future and may ask for tenants to pay their yearly rent upfront. Down payments like this help landlords repay loans taken out to support their property development business.
Tenants may prefer a fixed-term tenancy when they know exactly how long they need to occupy a property.
It’s important to note that regulations vary by state, so be sure to research tenancy laws in your jurisdiction before executing your Residential Tenancy Agreement.
What are the rights of a tenant in Nigeria?
Tenant rights may vary by jurisdiction. However, most tenants have the right to quiet, peaceful enjoyment of the premises, which includes:
- Privacy
- Freedom from unreasonable disturbance
- Exclusive possession of the property (though the landlord retains the right to inspection)
- The use of common areas (for reasonable and lawful purposes)
Why do I need a Residential Tenancy Agreement?
Both landlords and tenants need a Residential Tenancy Agreement to help protect their rights to the property and shield them from certain liabilities.
For instance, a rental agreement sets out rules such as the amount of rent, and when the tenant must pay it. If a tenant breaks those rules, and the landlord has reasonable grounds, the landlord may have the right to evict the tenant.
A rental agreement also clarifies who is liable for certain damages and repairs. If a tenant causes damages beyond normal wear and tear, their landlord may use the security deposit to cover costs. Additionally, the landlord should ensure that their rental property remains in an acceptable living condition.