Free Residential Tenancy Agreement

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Residential Tenancy Agreement

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House
Flat
Semi-detached House
Terrace House
Room
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e.g. terrace




Your Residential Tenancy Agreement

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RESIDENTIAL TENANCY AGREEMENT

THIS LEASE (the "Lease") dated this _____ day of _____________, 20____

BETWEEN:

_____________________

(the "Landlord")

- AND-

_______________________

(the "Tenant")

(individually the “Party” and collectively the “Parties”)

IN CONSIDERATION of the Landlord leasing certain premises to the Tenant and other valuable consideration, the receipt and sufficiency of which consideration is acknowledged, the Parties agree as follows:

  1. Leased Property
  2. The Landlord agrees to rent to the Tenant the , municipally described as _____________________________________________ (the "Property"), for use as residential premises only.
  3. No guests of the Tenant may occupy the Property for longer than one week without the prior written consent of the Landlord.
  4. No pets or animals are allowed to be kept in or about the Property without the prior written permission of the Landlord. Upon thirty (30) days' notice, the Landlord may revoke any consent previously given pursuant to this clause.
  5. The Tenant and members of Tenant's household will not smoke anywhere in the Property nor permit any guests or visitors to smoke in the Property.
  6. The Property is provided to the Tenant without any furnishings or chattels.
  7. Term
  8. The term of the Lease is a periodic tenancy commencing at 12:00 noon on 28 September 2020 and continuing on a year-to-year basis until the Landlord or the Tenant terminates the tenancy (the "Term").
  9. Rent
  10. Subject to the provisions of this Lease, the rent for the Property is ₦___________ per month (the "Rent").
  11. The Tenant will pay the Rent on or before the ____________________ of each and every month of the Term by cash or cheque to the Landlord at ______________________________ or at such other place as the Landlord may later designate.
  12. The landlord may review the rent from time to time and may increase the rent in accordance with the applicable laws of Abia State. The landlord will provide the greater of __________ day's notice and the notice required by the applicable laws of Abia State to the Tenant to increase the rent.
  13. Quiet Enjoyment
  14. The Landlord covenants that on paying the Rent and performing the covenants contained in this Lease, the Tenant will peacefully and quietly have, hold, and enjoy the Property for the Term.
  15. Tenant Improvements
  16. The Tenant will obtain written permission from the Landlord before doing any of the following:
    1. applying adhesive materials, or inserting nails or hooks in walls or ceilings other than two small picture hooks per wall;
    2. painting, wallpapering, redecorating, or in any way significantly altering the appearance of the Property;
    3. removing or adding walls, or performing any structural alterations;
    4. installing a waterbed(s);
    5. changing the amount of power normally used on the Property as well as installing additional electrical wiring or fixtures;
    6. placing or exposing or allowing to be placed or exposed anywhere inside or outside the Property any placard, notice, or sign for advertising or any other purpose; or
    7. affixing to or erecting upon or near the Property any radio or TV antenna or tower.
  17. The Tenant accepts this Lease and the rights it contains as the sole form of compensation for any improvements made to the Property.
  18. Services and Facility Costs
  19. The Tenant is responsible for the payment of all the Tenant's services in relation to the Property.
  20. Insurance
  21. The Tenant understands that the personal property of the Tenant is not insured by the Landlord for either damage or loss, and the Landlord assumes no liability for any such loss.
  22. Governing Law
  23. This Lease will be construed in accordance with and exclusively governed by the laws of Abia State.
  24. Assignment and Subletting
  25. Without the prior, express, and written consent of the Landlord, the Tenant will not assign this Lease, or sublet or grant any concession or licence to use the Property or any part of the Property. A consent by Landlord to one assignment, subletting, concession, or licence will not be deemed to be a consent to any subsequent assignment, subletting, concession, or licence. Any assignment, subletting, concession, or licence without the prior written consent of Landlord, or an assignment or subletting by operation of law, will be void and will, at Landlord's option, terminate this Lease. The Tenant will pay any fees or other charges from solicitors or letting agents as a result of the assignment, subletting, concession, or licence.
  26. Damage to Property
  27. If the Property should be damaged other than by the Tenant's negligence or wilful act or that of the Tenant's employee, family, agent, or visitor and the Landlord decides not to rebuild or repair the Property, the Landlord may end this Lease by giving appropriate notice.
  28. Care and Use of Property
  29. The Tenant will promptly notify the Landlord of any damage, or of any situation that may significantly interfere with the normal use of the Property or to any furnishings supplied by the Landlord.
  30. The Tenant will not engage in any illegal trade or activity on or about the Property.
  31. The Parties will comply with standards of health, sanitation, fire, housing, and safety as required by law.
  32. If the Tenant is absent from the Property and the Property is unoccupied for a period of 4 consecutive days or longer, the Tenant will arrange for regular inspection by a competent person. The Landlord will be notified in advance as to the name, address, and phone number of the person doing the inspections.
  33. At the expiration of the Term, the Tenant will quit and surrender the Property in as good a state and condition as at the commencement of this Lease, reasonable use and wear and tear excepted.
  34. Prohibited Activities and Materials
  35. The Tenant will not keep or have on the property any article or thing of a dangerous, flammable, or explosive character that might unreasonably increase the danger of fire on the Property or that might be considered hazardous by any responsible insurance company.
  36. The Tenant will not perform any activity on the Property or have on the property any article or thing that the Landlord's insurance company considers increases any insured risk such that the insurance company denies coverage or increases the insurance premium.
  37. The Tenant will not perform any activity on the Property that the Landlord feels significantly increases the use of electricity, water, sewer, or other services on the Property.
  38. Rules and Regulations
  39. The Tenant will obey all rules and regulations of the Landlord regarding the Property.
  40. Address for Notice
  41. For any matter relating to this tenancy, the Tenant may be contacted at the Property or through the phone number below. After this tenancy has been terminated, the contact information of the Tenant is:
    1. Name: _______________________
    2. Phone: _________________________
    3. Post termination notice address: ________________________________________________________
  42. For any matter relating to this tenancy, whether during or after this tenancy has been terminated, the Landlord's address for notice is:
    1. Name: _____________________
    2. Address: ______________________________

      The contact information for the Landlord is:

    3. Phone:  _________________________
  43. General Provisions
  44. All monetary amounts stated or referred to in this Lease are based in the Nigerian Naira.
  45. The Tenant will pay all costs related to stamping and registration for this Lease.
  46. Any waiver by the Landlord of any failure by the Tenant to perform or observe the provisions of this Lease will not operate as a waiver of the Landlord's rights under this Lease in respect of any subsequent defaults, breaches, or non-performance and will not defeat or affect in any way the Landlord's rights in respect of any subsequent default or breach.
  47. This Lease will extend to and be binding upon and inure to the benefit of the respective heirs, executors, administrators, successors, and assigns, as the case may be, of each Party. All covenants are to be construed as conditions of this Lease.
  48. All sums payable by the Tenant to the Landlord pursuant to any provision of this Lease will be deemed to be additional rent and will be recovered by the Landlord as rental arrears.
  49. Where there is more than one Tenant executing this Lease, all Tenants are jointly and severally liable for each other's acts, omissions, and liabilities pursuant to this Lease.
  50. If there is a conflict between any provision of this Lease and the applicable laws of Abia State, those laws will prevail and such provisions of the Lease will be amended or deleted as necessary in order to comply with those laws. Further, any provisions that are required by those laws are incorporated into this Lease. The invalidity or unenforceability of any provisions of this Lease will not affect the validity or enforceability of any other provision of this Lease.
  51. This Lease may only be amended or modified by a written document executed by the Parties.
  52. Locks may not be added or changed without the prior written agreement of both Parties, or unless the changes are made in compliance with the applicable laws of Abia State.
  53. Headings are inserted for the convenience of the Parties only and are not to be considered when interpreting this Lease. Words in the singular mean and include the plural and vice versa. Words in the masculine mean and include the feminine and vice versa.
  54. This Lease and the Tenant's leasehold interest under this Lease are and will be subject, subordinate, and inferior to any liens or encumbrances now or hereafter placed on the Property by the Landlord, all advances made under any such liens or encumbrances, the interest payable on any such liens or encumbrances, and any and all renewals or extensions such liens or encumbrances.
  55. This Lease may be executed in counterparts. Facsimile signatures are binding and are considered to be original signatures.
  56. This Lease constitutes the entire agreement between the Parties. Any prior understanding or representation of any kind preceding the date of this Lease will not be binding on either Party except to the extent incorporated in this Lease.
  57. During the last 30 days of this Lease, the Landlord or the Landlord's agents will have the privilege of displaying the usual 'For Sale' or 'For Rent' or 'Vacancy' signs on the Property.
  58. Time is of the essence in this Lease.

IN WITNESS WHEREOF the Parties have duly affixed their signatures.

_______________________________
______________________(Landlord)



_______________________________
WITNESS: ______________________

_______________________________
______________________(Tenant)



_______________________________
WITNESS: ______________________

The Tenant acknowledges receiving a duplicate of this Lease signed by the Tenant and the Landlord on the _____ day of ______________________, 20____.



_____________________
Tenant: _______________________

_____________________
Date

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.

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