Commercial Real Estate Lease Agreement Template for Nigeria

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Key Requirements PROMPT example:

Commercial Real Estate Lease Agreement

"I need a Commercial Real Estate Lease Agreement for a retail space in Lagos, Nigeria, starting March 1, 2025, with provisions for extensive renovation work before occupancy and special clauses for 24/7 operation permissions."

Document background
The Commercial Real Estate Lease Agreement is a vital legal instrument used in Nigerian business transactions for establishing formal lease arrangements of commercial properties. It is essential when a property owner (landlord) wishes to lease commercial space to a business entity (tenant) while ensuring compliance with Nigerian federal and state property laws. This document typically includes detailed provisions regarding rent, maintenance, permitted use, service charges, and other operational aspects specific to commercial properties. It must comply with the Land Use Act 1978, relevant state tenancy laws, and other applicable Nigerian regulations governing commercial real estate transactions. The agreement is particularly important for protecting both parties' interests in long-term commercial lease arrangements and establishing clear guidelines for the ongoing landlord-tenant relationship.
Suggested Sections

1. Parties: Identification of the landlord and tenant, including full legal names, registration details for companies, and addresses

2. Background: Brief context of the agreement, including property ownership confirmation and intention to lease

3. Definitions: Definitions of key terms used throughout the lease agreement

4. Demise: The formal grant of lease, specifying the property being leased

5. Term and Renewal: Duration of the lease and any renewal options

6. Rent and Payment Terms: Rent amount, payment schedule, review mechanisms, and other financial obligations

7. Service Charge: Details of service charges, including calculation method and payment terms

8. Security Deposit: Amount, payment terms, and conditions for return of the security deposit

9. Use of Premises: Permitted use of the property and any restrictions

10. Maintenance and Repairs: Responsibilities of both parties regarding property maintenance and repairs

11. Insurance: Insurance requirements for both landlord and tenant

12. Utilities and Services: Responsibilities for utilities, services, and associated costs

13. Assignment and Subletting: Rules and restrictions regarding assignment and subletting

14. Landlord's Covenants: Legal promises and obligations of the landlord

15. Tenant's Covenants: Legal promises and obligations of the tenant

16. Termination: Circumstances and procedures for early termination

17. Default and Remedies: Consequences of breach and available remedies

18. Notices: Process for serving formal notices between parties

19. Governing Law: Confirmation of Nigerian law as governing law and jurisdiction

20. Execution: Signature blocks and execution formalities

Optional Sections

1. Fit-out Works: Details of any initial modifications or improvements to be made to the premises, including approvals process and specifications

2. Break Clause: Option for either party to terminate the lease early under specific conditions

3. Force Majeure: Provisions for unforeseen circumstances that may affect the lease obligations

4. Environmental Provisions: Specific environmental obligations and compliance requirements, particularly relevant for industrial or specialized commercial use

5. Building Management: Additional provisions relating to building management rules and regulations for multi-tenant buildings

6. Signage Rights: Provisions regarding external and internal signage rights and restrictions

7. Parking: Specific provisions for parking allocation and management

8. Common Areas: Detailed provisions regarding use and maintenance of common areas in multi-tenant properties

9. Green Lease Provisions: Environmental sustainability requirements and energy efficiency obligations

10. Change in Control: Provisions dealing with change in control of corporate tenants

Suggested Schedules

1. Property Description: Detailed description of the leased premises, including floor plans and measurements

2. Rent Schedule: Detailed breakdown of rent payments, including any graduated increases

3. Service Charge Schedule: Detailed list of services covered and cost allocation methodology

4. Condition Report: Detailed report on the condition of the premises at the start of the lease

5. Fit-out Specifications: Technical specifications for any approved fit-out works

6. Building Rules and Regulations: Detailed building rules and regulations for multi-tenant properties

7. Insurance Requirements: Detailed insurance requirements for both parties

8. Permitted Use Details: Detailed description of permitted business activities and any restrictions

9. Maintenance Schedule: Detailed breakdown of maintenance responsibilities between landlord and tenant

10. Handback Conditions: Detailed specifications for the condition in which the property must be returned

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions
Clauses
Relevant Industries

Retail

Office Space

Industrial

Healthcare

Hospitality

Banking and Financial Services

Technology

Education

Professional Services

Manufacturing

Logistics and Warehousing

Entertainment and Leisure

Relevant Teams

Legal

Real Estate

Facilities Management

Finance

Operations

Risk and Compliance

Corporate Services

Administration

Property Management

Asset Management

Relevant Roles

Real Estate Manager

Property Manager

Facilities Manager

Legal Counsel

Chief Financial Officer

Operations Director

Business Development Manager

Risk Manager

Compliance Officer

Asset Manager

Corporate Services Manager

Leasing Manager

Chief Operating Officer

General Counsel

Commercial Director

Industries
Land Use Act 1978: Fundamental Nigerian law governing land ownership, usage, and transfer. Establishes that all land is held in trust by state governors and sets requirements for obtaining right of occupancy.
Nigerian Property and Conveyancing Law: Governs the transfer and documentation of property rights, including lease agreements and their registration requirements.
Tenancy Law (State-specific): State-level laws regulating landlord-tenant relationships, including rent payment, maintenance obligations, and eviction procedures.
Recovery of Premises Act: Regulates the procedure for recovery of premises and resolution of landlord-tenant disputes, including eviction processes.
Registration of Titles Law: Governs the registration of property titles and interests, including commercial lease agreements.
Rent Control and Recovery of Residential Premises Laws (State-specific): While primarily focused on residential properties, some provisions may affect commercial properties in certain states.
Federal Environmental Protection Agency Act: Relevant for commercial properties regarding environmental compliance and waste management requirements.
Nigerian Urban and Regional Planning Act: Governs zoning and use of commercial properties, including permitted business activities in specific areas.
Stamp Duties Act: Requires proper stamping of lease agreements and determines applicable duties and fees.
Contract Law: General principles of contract law applicable to commercial lease agreements, including formation, terms, and enforcement.
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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