Updated 2025 • 12 min read
Nigeria Real Estate Agreements: 20+ Clauses You Must Not Ignore
For tenants, landlords, buyers & sellers – a complete clause‑by‑clause guide under the Land Use Act, Lagos tenancy laws & recent court decisions.
Governor’s consent
Foreign exchange trap
Omo Onile protection
Tenancy law 2025
By Landiz Verification Team · We are not lawyers, agents or developers – we are a property verification company. This guide helps you spot red flags before signing.
🏢 For Tenants & Landlords (Rental Agreements)
👤 TENANT must check
1. Quiet enjoyment⚡ Why: landlord can’t cut power/water (illegal in Nigeria).
✓ Ensure contract doesn’t allow self‑help eviction.
2. Rent advance (Lagos cap)⚡ Why: max 1 year rent (new tenant) / 3 months (sitting). Agency fee ≤5%.
✓ Illegal if demands 2 years upfront.
3. Repairs & “wear and tear”⚡ Why: structural = landlord, minor = tenant. Look for “reasonable wear and tear excepted”.
4. Sub-letting / assignment⚡ Must say “consent not unreasonably withheld”.
5. Notice & court order only⚡ Even after expiry, landlord needs court to evict.
👑 LANDLORD include
1. Permitted use – residential only / specific commercial.
2. Rent review (inflation proof) – e.g. 15% increase after first term.
3. Service charge for common areas – security, generator, elevator.
4. Security deposit & re-entry right (court order still needed).
5. Inspection with notice – “reasonable hours after written notice”.
🏡 For Buyers & Sellers (Sales Agreements)
🔍 BUYER danger clauses
⚠️ Foreign exchange / material increaseDeveloper shifts currency risk to you. INSIST ON FIXED PRICE or strict 5% cap.
⚠️ Resale/transfer fee (10% trap)Demand removal, at most a tiny admin fee (₦100k-₦500k).
⚠️ Unfair refund / cancellationIf developer defaults → 100% refund + compensation. Not 80%.
4. Recitals (title history) – must trace from govt grant → seller. No gaps.
5. Survey plan attached – number, size, beacon verification.
6. Seller’s warranties – good title, no encumbrances.
7. Governor’s consent clause – “subject to consent of Governor” (void without it).
8. Dispute resolution – prefer non‑exclusive (court or arbitration).
📦 SELLER/DEVELOPER protect
1. Payment plan & default – interest & cancellation on missed payment.
2. “As is” with inspection – but doesn’t override title duty.
3. Indemnity – buyer covers losses from their actions.
4. Entire agreement (merger) – kills verbal promises.
⚡ LAGOS TENANCY BILL 2025: one year rent maximum, agent fee capped at 5%, illegal to disconnect utilities. These override any contrary contract term.
✅ Due diligence – before you sign
📋Land Registry search
Verify seller’s title, check government acquisition & encumbrances.
🗺️Survey verification
Licensed surveyor confirms beacons match survey plan.
🏢Corporate search (CAC)
Confirm directors & resolution if seller is a company.
⛔ Not lawyers, agents or developers – we are a verification company. This guide is for general information and does not constitute legal advice. Laws vary by state; always consult a qualified legal practitioner. Our role is to help verify property authenticity before you commit.
Landiz Verification Team · Fravelex Limited RC 7152585
Helping diaspora & local investors avoid Omo Onile and fraudulent titles since 2018.