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Valuable Documents a Tenant Must Collect From Landlord

Valuable Documents a Tenant Must Collect From Landlord

There are 2 valuable documents that your landlord must give you as a tenant. These are

  • The Receipt of Payment
  • Tenancy Agreement

The Receipt of Payment

Once an agreement has been reached on the amount payable on the premises to let to the tenant and the money is paid, the landlord is obligated to issue rent payment receipt to his tenant in respect of rent paid.

The receipt shall state the following:

  1. The date on which the rent was received
  2. Names and address of the landlord
  3. Names and address of the tenant
  4. Description and location of the premises in respect of which the rent is paid
  5. Amount of the rent paid by the tenant
  6. Duration of the tenancy not exceeding three (3) years.

It is important to state that there is a penalty for a defaulting landlord who refuses to issue out a receipt to a tenant, this is to prevent fraudulent practices on unsuspecting tenants and enforcing a binding obligation between the parties executing the contract.

Section 5(3) of the Tenancy law states that;

“any landlord who fails to issue a rent payment receipt to his tenant as prescribed under this section shall be liable on conviction to a fine of one hundred thousand Nairas (N100,000.00)”

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Tenancy Agreement

A tenancy agreement is a contract between a landlord and a tenant. It records all the key things that a landlord and a tenant have agreed to about the tenancy.

 

Section 47 of the Lagos State Tenancy Law 2011 states that  “agreements whether written or oral, express or implied between a landlord and a tenant regarding possession of premise”. Download Tenancy Law 2011 Here.

 

A tenancy agreement is a contract between a landlord and a tenant. It records all the key things that a landlord and a tenant have agreed to about the tenancy.

tenant-landlord-tenancy-agreementThe tenancy agreement gives certain rights to both you and your landlord, for example, your right to occupy the accommodation and your landlord’s right to receive rent for letting the accommodation.

The essential factor of a tenancy is that it is for a Term, which is usually between one to three years with the option to renew. Any tenancy agreement exceeding three (3) years is considered a lease agreement and not a tenancy agreement.

 

However, it is important to note that pursuant to the Lagos State Tenancy Law 2011, a landlord cannot accept any rent beyond the period of one year save for some designated areas such as Ikoyi, Victoria Island, Apapa and Ikeja GRA.

 

Every tenancy agreement must include the following minimum information:

  1. The full names and contact addresses of the landlord and tenant (including contact email address and mobile telephone number, if they have them).
  2. The address of the property that’s being rented.
  3. The date the tenancy agreement is signed.
  4. The date the tenancy is to begin.
  5. Addresses for service for both the landlord and the tenant.
  6. Whether the tenant is under the age of 18.
  7. Rights, Duties and Waivers.
  8. Description: The apartment to be rented must be well described. If the tenant is renting only a 4 bedroom flat and not with the boys quarters, it must be clearly stated. The agreement must be clear and devoid of any ambiguity.
  9. Rules and Regulations.
  10. The rent amount and frequency of payments.
  11. The place or bank account number where the rent is to be paid.
  12. A list of any chattels (like furniture, curtains and other fittings) provided by the landlord.
  13. If the tenancy is a fixed-term tenancy, the date the tenancy will end.
  14. Signature and Witnessing

 

Failure to provide this information or providing false or misleading information is an unlawful act. However, where the landlord has made all reasonable efforts to obtain the required information but was unable to do so, the landlord must make a statement to this effect.

 

As a tenant, ensure that you read the agreement thoroughly and make sure that you understand it to see if the terms or provisions in it are suitable for you before signing and ensure to keep a copy for yourself. If you are unclear about some terms speak to a lawyer.

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