A tenancy agreement is the contract between landlord and tenant that sets out what each party
must do. It is not compulsory in Nigeria — and that is exactly why disputes happen.
This guide covers what the agreement should contain, which clauses are worth negotiating, and
what happens when there is no written agreement at all.
Do you legally need one?
No. Both landlord and tenant have rights implied by law whether or not a written agreement
exists. A tenancy does not become invalid because nothing was signed.
But implied rights are general. A written agreement does two things implied rights cannot:
- It records the specifics — the rent, the review terms, the notice periods,
what is included and what is not - It is evidence. When the parties disagree two years later about what was
agreed, the document settles it
In practice, the party with the written agreement wins the argument about what was agreed. That
is reason enough to insist on one, on both sides.
Who drafts it
Usually the landlord or the landlord’s lawyer, because they own the property and set the terms.
That means the first draft is written to protect the landlord’s interests — which is normal, and
precisely why a tenant should read it properly rather than sign it at the viewing.
The most reliable check: read every clause and ask what it means in practice. If a clause
is unclear to you, it will be argued about later.
What a tenancy agreement should contain
The parties and the property
Full legal names of landlord and tenant, and a precise description of what is let — the address,
the unit, and any parking space, store or shared area included. Ambiguity here causes disputes
about what the tenant actually paid for.
The term
When the tenancy begins, how long it runs, and whether it renews automatically or requires a
fresh agreement. If renewal is automatic, note the deadline for giving notice that you do not
wish to renew.
Rent and how it is reviewed
The amount, the payment schedule, and specifically how and when rent can be reviewed. A vague
review clause — “rent may be reviewed periodically” — is an invitation to dispute. If the landlord
may increase rent during the term, the formula or the cap should be stated.
Advance rent
How far ahead payment is required and on what schedule. This is the clause that determines your
cash-flow exposure for years, so it is worth negotiating.
Security deposit
The amount, what it may be applied to, and when it will be returned. A deposit clause that says
only “refundable” and nothing about timing is one you will have to argue about at the end.
Notice periods
What either side must give to end the tenancy. These may be stricter than the statutory
minimum, and where they are, they bind both parties.
Repairs and maintenance
Who is responsible for what. As a general division, the landlord handles structure and the
systems they control, while the tenant handles internal upkeep — but the agreement should say so
explicitly, and say how repair requests are made and how quickly they must be answered.
Use and restrictions
Whether the property is residential or commercial, and whether subletting, sharing, pets,
alterations or running a business from the property are permitted.
Service charge
Where the property sits within an estate or serviced building, what the charge covers, how it
is calculated and how it is reviewed.
Utilities and shared costs
Who pays for water, power, waste collection and generator fuel, and how shared costs are
apportioned.
Dispute resolution
Whether the parties have agreed to attempt mediation before going to court. It is a short
clause that saves a great deal of time.
Clauses worth negotiating
Not everything is fixed. In most negotiations these are the clauses with genuine room:
- Rent review — frequency, formula, or a cap on any increase
- Advance rent — moving from annual to quarterly or half-yearly
- Deposit terms — a stated period for return, and what counts as damage
versus fair wear - Repair obligations — particularly who fixes what, and the response time
- Notice periods — especially if you expect to need flexibility
- Break clause — for longer terms, the conditions on which you can exit
early
Stamp duty
Stamp duty applies to tenancy and lease agreements, assessed on the rent and the term. The
rates that circulate online are often wrong — some sources quote figures several times the actual
rate for a residential tenancy.
Two practical points. First, confirm the current rate with the relevant authority rather than
trusting a blog. Second, stamping is not optional paperwork: an unstamped agreement can cause
problems if you ever need to rely on it.
What if there is no written agreement?
The tenancy still exists. Both parties have their implied rights, and the tenancy is governed
by the law in force and by whatever can be shown to have been agreed.
The difficulty is proof. Without a document, disputes about the rent agreed, the notice period
or the deposit terms come down to receipts, bank records and recollection. If you are renting
without an agreement, at minimum keep every receipt and pay by transfer.
Frequently asked questions
Is a tenancy agreement legally binding in Nigeria?
Yes. Once signed by both parties it is a contract, and its terms are enforceable — including
terms stricter than the statutory minimum.
Who pays for the tenancy agreement?
Usually the tenant pays the legal or documentation fee, though this is market practice rather
than law. Agree the amount in writing before it is drafted.
Can a landlord change the agreement later?
Not unilaterally. Changes require the agreement of both parties, or a right to vary that the
agreement itself provides.
Should a tenant get a lawyer to review it?
For a straightforward residential tenancy it is optional. For commercial leases, unusual terms
or long terms, a lawyer’s review is money well spent — the sums involved justify it.
Related guides
- Lagos tenancy law: what landlords and tenants must know
- Renting a property in Nigeria: the complete guide
- Landlord and tenant rights in Nigeria
- How to increase rent on a Nigerian property
The short version
A written tenancy agreement is not required by law, but it is the only reliable record of what
was actually agreed. It should state the rent and how it can be reviewed, the advance rent
schedule, the deposit terms and when it is returned, the notice periods and who repairs what.
Everything else is negotiable if you raise it before signing. After signing, it is not.
