The Mutual Agreement To End Tenancy is a crucial document used in Nigerian property law when both landlord and tenant wish to terminate their lease agreement earlier than the originally agreed term. This document is particularly relevant in situations where both parties have reached an amicable decision to end the tenancy, whether due to the tenant's need to relocate, the landlord's plans for the property, or other mutually acceptable circumstances. The agreement must comply with Nigerian federal legislation, including the Recovery of Premises Act, as well as state-specific tenancy laws. It typically includes detailed provisions for property inspection, security deposit return, utility settlements, and the mutual release of future obligations. This document serves as legal protection for all parties involved and helps prevent future disputes by clearly documenting the terms of the early termination.
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1. Parties: Identification of the landlord and tenant(s), including full legal names, addresses, and contact details
2. Background: Brief context of the existing tenancy agreement and mutual desire to terminate
3. Definitions: Key terms used in the agreement including 'Property', 'Termination Date', 'Original Tenancy Agreement', etc.
4. Agreement to Terminate: Clear statement of mutual consent to end the tenancy and the effective termination date
5. Property Inspection: Arrangements for final property inspection and condition assessment
6. Return of Keys: Specifics about when and how keys must be returned
7. Security Deposit: Terms for the return of the security deposit, including any deductions
8. Outstanding Payments: Settlement of any remaining rent, utilities, or other charges
9. Release of Obligations: Mutual release from future obligations under the original tenancy agreement
10. Governing Law: Specification that the agreement is governed by Nigerian law
11. Execution: Signature block with date and witness provisions
1. Forwarding Address: Section for tenant to provide forwarding address for future correspondence, used when tenant is relocating
2. Abandoned Property: Provisions for handling any property left behind by the tenant, included when there's risk of abandonment
3. Utilities Transfer: Procedures for transferring or disconnecting utilities, used when utilities are in tenant's name
4. Renovation Agreements: Special arrangements regarding any improvements or damages, included when property modifications exist
5. Reference Provision: Terms regarding landlord providing reference for tenant, included when requested by tenant
6. Third Party Rights: Provisions relating to guarantors or other third parties involved in the original tenancy, used when applicable
1. Schedule 1 - Property Inventory: Detailed list of property condition and inventory at termination
2. Schedule 2 - Payment Settlement: Breakdown of final financial settlement including rent, deposits, and any deductions
3. Schedule 3 - Inspection Report: Detailed property inspection report with photographs
4. Appendix A - Original Tenancy Agreement: Copy of the original tenancy agreement being terminated
5. Appendix B - Utility Readings: Final utility meter readings and associated documentation
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