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Landlord Break Tenancy Agreement Template for Nigeria

This document is a specialized tenancy agreement template designed for use in Nigeria, incorporating specific provisions that grant the landlord the right to terminate the lease before its natural expiration. It complies with Nigerian property law, including the Recovery of Premises Act and relevant state-specific tenancy laws. The agreement details the conditions under which the landlord may exercise the break clause, notice requirements, and the consequences of early termination. It includes comprehensive provisions for protecting both parties' interests while ensuring the landlord maintains flexibility in property management decisions.

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What is a Landlord Break Tenancy Agreement?

The Landlord Break Tenancy Agreement is essential for property owners in Nigeria who require flexibility in their long-term letting arrangements. This document is typically used when landlords anticipate potential future needs to reclaim their property, such as for redevelopment, sale, or personal use. It incorporates provisions compliant with Nigerian federal and state property laws, including specific notice periods and termination procedures required by the Recovery of Premises Act. The agreement balances the landlord's need for flexibility with tenant protections mandated by Nigerian law, making it suitable for both residential and commercial properties. It includes detailed sections on break notice requirements, property return conditions, and financial settlements upon early termination.

What sections should be included in a Landlord Break Tenancy Agreement?

1. Parties: Identification of the landlord and tenant, including full legal names, addresses, and contact details

2. Background: Brief context of the agreement, including the property letting and the purpose of including break rights

3. Definitions: Key terms used throughout the agreement, including 'Break Date', 'Break Notice', 'Property', and 'Term'

4. Demise: Description of the property being let and the term of the tenancy

5. Rent and Payment Terms: Details of rent amount, payment frequency, and method of payment

6. Landlord Break Rights: Specific conditions under which the landlord may terminate the tenancy, including notice periods and procedures

7. Break Notice Requirements: Format, content, and service requirements for the break notice

8. Consequences of Break: Effects of exercising the break clause, including handling of deposits, rent adjustments, and vacation requirements

9. Property Return Conditions: Condition in which the property must be returned after the break is exercised

10. Governing Law: Specification that the agreement is governed by Nigerian law

What sections are optional to include in a Landlord Break Tenancy Agreement?

1. Security Deposit Provisions: Additional terms regarding handling of security deposit in break scenarios, used when a deposit is held

2. Break Premium: Include when the landlord must pay a premium to exercise the break right

3. Utilities and Services: Specific provisions for termination of utilities and services, used for properties with shared services

4. Multiple Occupancy Provisions: Additional terms for properties with multiple tenants, used in shared housing situations

5. Commercial Use Provisions: Special terms for mixed-use properties, used when property has both residential and commercial elements

What schedules should be included in a Landlord Break Tenancy Agreement?

1. Schedule 1 - Property Description: Detailed description of the property including boundaries, fixtures, and fittings

2. Schedule 2 - Rent Payment Schedule: Detailed breakdown of rent payments and due dates

3. Schedule 3 - Inventory: List of furnishings and items included in the tenancy

4. Schedule 4 - Break Notice Template: Template form for the landlord to use when serving break notice

5. Appendix A - Property Plans: Floor plans and property layouts where applicable

6. Appendix B - Photographic Schedule: Photographs documenting the property condition at the start of tenancy

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

Cost

Free to use

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