City Crime
Whether Rent Is Refundable
A Tenancy Agreement is a contract between a landlord and the tenant which sets out the rights and obligations of both the landlord and the tenant when renting property in Nigeria. Both landlord and tenant have something called implied rights in all tenancy relationships whether or not a tenancy agreement exists. However, a tenancy agreement is important because it provides further protection for both the landlord and the tenant, and it expands on the implied rights.
As the tenancy agreement is a contract between two parties, the landlord and the tenant, the tenant has the right to review the terms of the tenancy agreement to determine whether or not the agreement protects his/her interests.
As a landlord or a tenant, you need to ensure that your tenancy agreement includes the following terms and information at a minimum:
- The names and addresses of the landlord and the Tenant and the address of the property
- The start date and end date of the tenancy
- How much the rent will be
- Other applicable amounts including legal fees, agency fees, security deposits, service charges/fees etc as applicable.
- The obligation of both the landlord and the tenant.
- An outline of bills the tenant is responsible for.
The above list is not exhaustive, these and more terms that are frequently included in well-drafted tenancy Aaeements. It is advisable therefore, that a well drafted tenancy agreement is signed by both parties.
Having established the fact that a tenancy is a contract, it must be noted that breaking it at will does not entitle the tenant any refund. In simple terms, there is no refund of rent after payment. If the tenancy surrenders before the contract is executed, the Landlord may return the amount gained which was let out during the subsistence of the tenancy which was surrendered, apart from that; a tenant is not entitled to refund. See Abdurahman V. Thomas (2019) 12 NWLR (PT 1685) 107 SC @ 129, Nig Con Holding Com. Ltd V. Owayele (1988) 4 NWLR (PT 90) 588 @ 603.
The mere fact that the tenant returned key does not mean rescission of the tenancy. When tenants returns key before the expiration of his tent, he is not entitled to refund of rent except the property was let out, and it is only for the remainder of the period let out and paid for by the new tenant within the period under by the old tenant.
In other words, your tenancy will continue to subsist in the apartment until it is let to a new tenant. Once the place is let after you have vacated (and before the expiration of your tenancy), you are then refunded for the unexpired term. - By: Nkechi Bright-Ewere
City Crime
ECN Commences 7MW Solar Power Project In AKTH
City Crime
Women And Dangers Of Obnoxious Practices
City Crime
Association Raises Alarm Over Increasing Migration Of Young Pharmacists Abroad
-
Maritime3 days ago
Minister Tasks Academy On Thorough-Bred Professionals
-
Maritime3 days ago
Customs Cautions On Delayed Clearance, Says Consignees May Lose Cargo
-
Maritime3 days ago
NCS Sensitises Stakeholders On Automated Overtime Cargo Clearance System
-
Maritime3 days ago
Lagos Ready For International Boat Race–LASWA
-
Maritime3 days ago
Shoprite Nigeria Gets New Funding to Boost Growth, Retail Turnaround
-
Politics3 days ago
I Would Have Gotten Third Term If I Wanted – Obasanjo
-
Sports3 days ago
Bournemouth, Newcastle Share Points
-
Sports3 days ago
Zidane’s Son Switches Allegiance To Algeria