COMMENCEMENT
AND PARTIES:
This TENANCY
AGREEMENT, made this 3rd day of October, 2013, BETWEEN Chief
Geoffrey Onyeukwu, of Umudoche Umuoma Nekede in Owerri-West Local Government Area of Imo State hereinafter referred to as the LANDLORD which expression
shall, unless be repugnant to the context and meaning, include his heirs,
assigns, successors-in-title and/or persons legally claiming under him or in
trust for him of the ONE PART, and Kingsley Chukwuma of Eziama Ikeduru in Ikeduru L.G.A. of Imo State hereinafter referred
to as the TENANT.
RECITAL:
WHEREAS the LANDLORD is the owner, absolutely seized
and possessed of the two (2) bedrooms situate at No: 12 Elekwerenwa Street, Owerri, Imo State.
AND WHEREAS
on the request of the TENANT, the LANDLORD has agreed to grant lease, in
respect of the above identified premises for a term of one year certain, in the
manner hereinafter appearing;
HENCEFORTH, IT IS AGREED AS FOLLOWS:
A
In pursuance of the said agreement and in
consideration of the rent hereby reserved and of the covenants, conditions and
stipulations hereinafter contained on the TENANT’S part, the LANDLORD HEREBY
DEMISE UNTO THE TENANT ALL THAT two (2) bedrooms living apartment comprised in the building situate at No: 12 Elekwerenwa Street, Owerri, Imo
State (hereinafter called the Demised
Premises), TOGETHER WITH ALL the fixtures and fittings therein, TO HOLD unto
the Tenant for the period of ONE YEAR CERTAIN only, commencing from the
3rd day of October, 2013, and
determining on the 2nd day of
October, 2014 but determinable earlier as hereinafter provided.
B
PAYING
thereof, unto the Landlord during the said term a rent of one hundred and
twenty thousand Naira only; the reserved rent having been paid in advance; the
receipt of which I, the landlord hereby acknowledges.
PROVIDED
ALWAYS that if the tenant commits a breach of the covenants or conditions of
this Tenancy Agreement, it shall be lawful for the Landlord to re-enter the
premises and immediately, the term shall absolutely cease and determine.
C
i.
Where
an increase in rent is intended for possibly subsequent tenancies which may be
created in a manner hereinafter appearing in paragraph F (i)-(iii), the
Landlord shall give notice of same, One month to the expiration of the existing
tenancy and the parties shall reach an agreement within the period.
ii.
In
the event of failure of the Tenant to agree on the rent proposed by the
Landlord, this tenancy bond shall at the expiration of the substantive tenancy
be deemed to have been determined, and the continued stay in the demised
premises by the Tenant shall be deemed to be without the consent of the
Landlord and the Landlord will be deemed to be entitled to demand for and be
paid such an amount as shall be prevailing rent for the tenants continued use
and occupation of the demised premises.
iii.
If
the tenancy herein created is determined before its ordinary termination time,
the Tenant shall not be entitled to any compensation whatsoever but only a
refund of his unexhausted rent, recourse being had to any other liability that
may have fallen due on the Tenant’s part.
D
i.
To
terminate this tenancy relationship and for all intent and purposes of this
agreement; either on full course or as breach of an express or implied covenant
on the side of the Tenant, the Tenant shall be entitled to prior receive one
month notice to effectively terminate the tenancy.
ii.
All
notices required to be given under the term of this tenancy shall be sufficiently
served to the Tenant personally, or by pasting same on the demised premises; to
the Landlord, personally or to his acknowledged legal representative.
E
THE TENANT HEREBY FURTHER AGREES WITH THE LANDLORD AS
FOLLOWS:
i.
To pay the rent reserved on any practical day
of the month commencing this agreement, and on every other first day of each
relevant month commencing any other subsequent tenancies which may be created
in the manner hereinafter appearing in paragraph F (i)-(iii).
ii.
To
bear, pay, and discharge or cause to be paid all rates, taxes, charges, duties,
assessments, burden and other outgoings whatsoever, which may fall due now or
subsequently in respect of the demised premises to Government Authorities,
relevant legitimate Agencies and Corporations be it municipal or local.
iii.
To
repair, replace and maintain the Demised Premises together with its fixtures,
fittings and other appurtenances in good order and tenantable condition.
iv.
To indemnify the Landlord from all injury,
loss, claims or damage to any person or property while on the Demised Premises,
unless caused by the willful acts or omission, or gross negligence of the
Landlord, his employees, agents, licensees or contractors.
v.
To hand over the peaceful possession of the
demised premises at the end or the sooner determination of the said term
together with all the Landlord’s fixtures, fittings and appurtenances in as
good condition as received, fair wear and tear excepted.
vi.
Not to make or permit to be made on the
demised premises any structural improvement, alterations or addition to the
external appearance or any part of the demised premises without the previous
consent of the Landlord in writing sought and obtained.
vii.
Not to use electrical/electronic and
mechanical equipment in such a manner as to disturb other members of the
neighborhood, thereby constituting nuisance.
viii.
Not to convert the immediate surroundings of
the demised premises for any use other than that agreed to by the Landlord and
shall ensure that same is kept clean on regular basis.
ix.
Not to sublet, transfer, assign, underlet or
otherwise part with possession of the demised premises or any part thereof
without first obtaining the written consent of the Landlord. Notwithstanding
any assignment or subletting which may be permitted, tenant will remain liable
for the payment of rent and the performance of all terms and condition of this
Lease.
x.
To give/accept a month’s prior notice to/from
the Landlord to effectively terminate this Tenancy Agreement.
xi.
To use solely and exclusively the Demised
Premises for residential purposes.
xii.
Not to allow any waste or nuisance on the demised
premises, or use or allow the demised premises to be used for any unlawful
purpose.
xiii.
To pay for all water, sanitation, sewer,
electricity, and other services incidental to Tenants use of the Demised
Premises, whether or not the cost thereof be a charge or imposition against the
Demised Premises.
xiv.
Not to do or suffer to be done in or upon the
Demised Premises or other parts of the said building in common with other
persons anything whatsoever, which may be or become a nuisance or annoyance to
or in any way interfere with the quiet or comfort of the Landlord or other Tenants
and occupiers of the said building.
xv.
Not to place or keep or permit to be placed or
kept on the demised premises any offensive, dangerous or highly inflammable or
explosive material or any other article or things, which may constitute a
danger, nuisance or annoyance to the demised or surrounding premises or the
owners or occupiers thereof.
xvi.
Any permanent alteration or improvement made
or introduced by the Tenant on the Demised Premises with or without the written
consent of the Landlord shall, upon the termination of this Tenancy Agreement
be forfeited to the Landlord without any obligation on the part of the Landlord
to pay or refund its value or cost to the Tenant.
xvii.
To permit the Landlord, his servants,
employees or agents duly authorized by him to enter into the demised premises
at all reasonable times for viewing the conditions of the demised premises or
doing such works or things as may be requisite or necessary for any repairs, alteration,
servicing or improvements to the Demised Premises.
xviii.
No
provision in this Lease shall interfere with the Landlord’s right to sell or
otherwise encumber the Demised Premises.
xix.
To pay all costs and expenses incidental to
the fruition of this agreement including House Agents’ fees and solicitors fees
for engrossment of the Tenancy Agreement.
F
THE LANDLORD HEREBY AGREES
WITH THE TENANT AS FOLLOWS:
i.
That upon the Tenant paying the reserved or
revised rent and observing and performing all of the terms, covenants and
conditions on Tenant’s part, the Tenant shall peaceably and quietly have, hold,
occupy and enjoy the Demised premises in accordance with the terms of this
Tenancy Agreement without hindrance or molestation from Landlord or any person
lawfully claiming through the Landlord.
ii.
If the Tenant should, at the expiration of the
term granted, be desirous of obtaining a new lease of the said premises, the
Tenant shall signify such intention by notice in writing to the Landlord at
least two (6) calendar months before the expiration of the terms hereby granted;
and if the Tenant shall at all times during the said terms have duly performed
and observed all the covenants, conditions, stipulations, restrictions and
provisions herein contained or implied on his part to be performed and
observed, then the Landlord may, at or before the expiration of the term hereby
granted express his consent in writing to the effect of tenant’s desire for
lease renewal and accordingly, grant new lease of the said premises on a
monthly periodic tenancy basis, but for at least twelve months reserved advance
rent payment, to commence at the instant rent’s computed value or at a
reviewed/revised rent to be mutually agreed by the herein parties upon
reasonable consideration of the current market value of the rent of the
premises at the time of the exercise, which said rent renewal shall be subject to
the instant lease’s same covenants, terms, and conditions as herein contained.
iii.
However, when at the expiration of the instant
tenancy agreement, the Tenant goes on, with or without the express consent/demand
of the Landlord to make payment for rent renewal into the Landlord’s
ascertained fund and the Landlord or his accredited agent categorically issues
receipt to that effect as advance rent paid by such tenant for user of the
ascertained premises, then such payment and its acceptance in the manner
hereinbefore stated shall be deemed to mark a renewal of the tenancy bond
between the Landlord and Tenant.
iv.
Both parties commonly agree that either party
shall be entitled to one month’s prior notice to determine this Tenancy
Agreement or of any other to be subsequently created.
v.
FURTHERMORE, both parties agrees that if any
term or provision of this agreement or application hereof to any person or
circumstance shall to any extent be held invalid or unenforceable, the
remainder of this Agreement, or the application of such term or provision to
persons or circumstances other than those as to which is held invalid or
unenforceable shall not be affected thereby, and each term and provision of
this lease shall be valid and be enforceable to the fullest extent permitted by
law.
Dated
this 3rd day of October, 2013.
IN
WITNESS WHEREOF and upon full understanding, and acceptance of entire
provisions of the foregoing agreement, LANDLORD and TENANT affix their
signatures hereto as of the date first above written.
LANDLORD TENANT
____________________ __________________________
Name Name
Sign________________ Sign____________________
Phone no________________ Phone no__________________
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