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Fixed Term Lease for Nigeria

Fixed Term Lease Template for Nigeria

A Fixed Term Lease agreement under Nigerian law is a legally binding document that establishes a tenancy for a predetermined period, with specific start and end dates. This agreement, governed by Nigerian property law including the Land Use Act of 1978 and relevant state-specific tenancy laws, sets out the terms and conditions under which a property is leased, including rent payments, maintenance responsibilities, use restrictions, and termination provisions. The document incorporates both federal and state-specific requirements, ensuring compliance with local property regulations while protecting the interests of both landlord and tenant throughout the fixed term period.

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What is a Fixed Term Lease?

The Fixed Term Lease agreement is essential for establishing clear, legally enforceable tenancy arrangements in Nigeria. This document is used when parties wish to create a lease for a specific duration, typically ranging from one to ten years, with defined start and end dates. It's particularly relevant in commercial and residential contexts where certainty of tenure is crucial. The agreement must comply with Nigerian federal laws, including the Land Use Act of 1978, as well as state-specific tenancy laws and regulations. It typically includes comprehensive terms covering rent, maintenance, permitted use, insurance, and termination provisions. This document type is commonly used in both urban and rural settings across Nigeria, requiring careful consideration of local property practices and legal requirements to ensure enforceability.

What sections should be included in a Fixed Term Lease?

1. Parties: Identification and details of the landlord and tenant, including full legal names, addresses, and registration details for corporate entities

2. Background: Brief context of the lease arrangement and property ownership

3. Definitions: Definitions of key terms used throughout the lease agreement

4. Demise: The formal grant of the lease, specifying the property being leased

5. Term: Duration of the lease, including start and end dates

6. Rent: Rent amount, payment terms, method of payment, and review provisions

7. Tenant Covenants: Tenant's obligations including maintenance, repairs, permitted use, and compliance with laws

8. Landlord Covenants: Landlord's obligations including structural repairs, insurance, and quiet enjoyment

9. Insurance: Insurance requirements for both parties

10. Termination: Circumstances and procedures for early termination

11. Forfeiture: Landlord's right to forfeit the lease for breach of conditions

12. Notices: How formal notices should be given between parties

13. Governing Law: Confirmation of Nigerian law as governing law and jurisdiction

14. Execution: Signature blocks and execution formalities

What sections are optional to include in a Fixed Term Lease?

1. Service Charge: Details of service charge where property is part of a larger building or estate

2. Rent Review: Detailed rent review provisions for longer-term leases

3. Break Clause: Provisions allowing either party to terminate early under specific conditions

4. Assignment and Subletting: Terms governing the tenant's ability to assign or sublet the property

5. Alterations: Provisions regarding tenant's rights to make changes to the property

6. Security Deposit: Terms regarding any security deposit required

7. Guarantor: Where a guarantor is required to guarantee tenant obligations

8. Planning Permission: Special provisions regarding planning permission if required for specific use

What schedules should be included in a Fixed Term Lease?

1. Property Description: Detailed description of the leased property including plans and measurements

2. Plan: Floor plans or site plans of the property

3. Inventory: List of fixtures, fittings, and furniture included in the lease

4. State of Repair: Condition report of the property at the start of the lease

5. Service Charge Budget: Breakdown of estimated service charges where applicable

6. Building Rules: Rules and regulations for use of the property or building

7. Permitted Alterations: Details of alterations that can be made without specific consent

8. Rent Payment Schedule: Detailed breakdown of rent payment dates and amounts

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

Nigeria

Publisher

Ƶ

Document Type

Agreement Contract

Cost

Free to use

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