How to Draft a Tenancy Agreement in Nigeria (2026 Template)

Most tenancy disputes in Nigeria are won or lost on paperwork. If your tenant stops paying, damages the property, or refuses to leave after notice, the first thing the court asks is: show me the agreement. A weak or missing tenancy agreement is a gift to a defaulting tenant and a trap for the landlord.

Here's how to draft one that actually protects you in 2026.

The 12 clauses every Nigerian tenancy agreement needs

1. Parties — full legal names and addresses of the landlord and tenant. If the landlord is an agent or property manager acting on behalf of the owner, state that clearly and attach the authorisation.
2. Premises — exact address, apartment number, floor, and a brief description (e.g., "a 3-bedroom flat on the first floor of Block A, Sunrise Estate").
3. Term — start date, end date, and whether rent is yearly, half-yearly, quarterly, or monthly. The statutory quit notice attached to this period is what the court will apply.
4. Rent — amount, currency (always NGN unless specified), payment method, and due date. State clearly whether the rent is for land only or includes furniture, appliances, etc.
5. Deposit — amount held as security, what deductions are allowed at the end of tenancy, and when the balance will be refunded.
6. Service charge — if applicable, break down what it covers (security, cleaning, waste disposal, generator diesel) and state that unused balance carries forward.
7. Use — residential only, commercial permitted, short-let allowed, etc. This prevents disputes if the tenant starts running a business from your flat.
8. Repairs — who fixes what. The common split: structural repairs are the landlord's; minor wear and tear (bulbs, taps, toilet seats) is the tenant's.
9. Subletting — expressly prohibit or allow it. Silence here has caused litigation.
10. Renewal and termination — how either party gives notice, how rent may be revised, what happens at expiry.
11. Default — what constitutes a breach (usually unpaid rent for 30+ days) and the landlord's remedies.
12. Signatures — both parties, dated, in the presence of at least one independent witness. Stamp the agreement.

Stamp duty — required, but often skipped

Under the Stamp Duties Act, tenancy agreements are instruments that should be stamped. Rates are set by the Federal Inland Revenue Service (FIRS) and may be revised — confirm the current rate before paying. Many landlords skip this, and in practice the agreement still works for negotiation purposes. But in court, an unstamped agreement can be admitted only after stamp duty is paid together with any penalty. Pay it upfront and save yourself the hassle.

Common mistakes that wreck tenancy agreements

• Using a generic online template without adapting it. A template pulled from a US or UK site may reference clauses that don't exist in Nigerian law.
• Leaving rent period undefined. If it's unclear whether the tenancy is yearly or monthly, the court will decide — usually against whoever wants to terminate.
• No witness signature. A witness is not strictly required, but courts give stronger weight to witnessed agreements.
• Incorrect rent receipts. Every rent payment should have a signed or digital receipt. If a tenant claims they paid and you can't prove otherwise, they win.
• No renewal clause. If the agreement doesn't state what happens at the end of the term, the tenancy may auto-convert to a statutory tenancy with different rules.

Electronic signing — is it valid?

Yes. Under the Evidence Act 2011 and the Cybercrimes Act 2015, an electronic signature is admissible in Nigerian courts provided it can be linked to the signer and the document cannot be altered after signing. Platforms that capture IP, timestamp, and user agent (like MyTenant) meet these requirements.