In Nigeria, you can never be too careful when you are renting a home because there are times that what is on paper may not be what you find when you move into your new home. For example your landlord would advertise and promise 24 hours light but when you start living in the “24 hours light apartment” you find out that your light is just for an hour per day or not at all.
This is why you see people who try to break their tenancy agreement before the expiration date, if you are in this position there are several things you need to know.
As a tenant, you can leave your property before your agreement expires:
- If there is a break clause in your legally binding contract or
- If your landlord agrees that you can leave
Legal rights open to a tenant who wishes to break tenancy before its expiration
However, you must first understand the risk in breaking a tenancy agreement.
First: You might be unable to receive your security deposit
Second: Your landlord might take a legal action against you or the guarantor provided in the tenancy agreement.
Here are steps to check in other to break your tenancy agreement before expiration date:
Is there a break clause in your agreement?
A break clause is an option in your lease agreement that enables either the tenant or the landlord to end the agreement earlier than the termination date if it proves unsatisfactory but not all tenancy agreement includes a break clause.
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Most times the break clause includes conditions that say the tenant or the landlord may be required to pay certain fees to break the agreement or to give additional notice before breaking the agreement.
If your agreement has a break clause you can go ahead and follow the instructions given in the agreement and give a notice in writing to the landlord but if it doesn’t, look for other options like getting the permission of the landlord.
- It is advisable that a tenant should give the landlord notice by hand not email to avoid delayed delivery except the agreement says it should be delivered by mail.
Landlord’s agreement:
A tenant should get the landlord’s permission and try to negotiate a mutually acceptable condition to end the contract. Your landlord may agree to break your contract if a replacement tenant can be found or if the tenant agrees to provide the cost of advertisement.
- Get your landlord’s agreement in writing and signed by he/she to avoid misunderstandings.
Getting tenancy deposit back
You can only get your deposit back if you can prove that the landlord agreed to early tenancy agreement break.
A landlord has the right to keep deposit if a tenant breaks his/her agreement without the landlord’s permission or a proper process in carrying out your break clause.
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However, to avoid breaking your agreement early, here is a list of rights you are entitled to as a tenant in Nigeria:
- Right to a written agreement
- Right to issuance of receipt of payment
- Right to peaceful enjoyment of property
- Right to a valid notice to quit
- Right to a compulsory seven days notice to recover premises
- Right to a statutory tenancy
- Right to fair hearing
- Right to sue landlord for trespass
These list would help you know what you can accept and not accept from a landlord as a tenant in Nigeria.
- Remember to always get every agreement in writing and also signed by both parties.
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