Commercial Lease Termination Agreement for Nigeria

Commercial Lease Termination Agreement Template for Nigeria

A legally binding agreement governed by Nigerian law that formally terminates an existing commercial lease arrangement between a landlord and tenant before its original expiration date. This document outlines the terms and conditions for early termination, including settlement of outstanding obligations, property handover requirements, and mutual releases from future liabilities. It incorporates relevant provisions from Nigerian property law, including the Tenancy Law of Nigeria and the Recovery of Premises Act, ensuring compliance with both federal and state-specific requirements for commercial property transactions.

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What is a Commercial Lease Termination Agreement?

The Commercial Lease Termination Agreement is a crucial document used in Nigerian commercial property relationships when parties mutually agree to end a lease before its scheduled expiration. It's particularly relevant in situations involving business restructuring, relocation, or changes in commercial circumstances. The agreement must comply with Nigerian federal and state property laws, including the Tenancy Law of Nigeria and the Recovery of Premises Act. This document typically includes provisions for the settlement of outstanding obligations, property handover procedures, security deposit arrangements, and mutual releases from future liabilities. It serves to protect both landlord and tenant interests by providing a clear framework for lease termination while preventing future disputes through comprehensive documentation of the termination terms.

What sections should be included in a Commercial Lease Termination Agreement?

1. Parties: Identification of the landlord and tenant, including full legal names, addresses, and any registration numbers for corporate entities

2. Background: Brief recital of the original lease details, including date of execution, property description, and parties' desire to terminate

3. Definitions: Definitions of key terms used throughout the agreement, including 'Premises', 'Original Lease', 'Termination Date', etc.

4. Termination Agreement: Core clause stating the mutual agreement to terminate the lease and specifying the effective termination date

5. Settlement of Rents and Charges: Details of any outstanding rent, service charges, or utilities to be settled

6. Handover Requirements: Specific conditions for returning the premises, including state of repair and removal of tenant's property

7. Release and Waiver: Mutual release from future obligations under the original lease, subject to specified exceptions

8. Return of Security Deposit: Terms for the return of any security deposit, including deductions if applicable

9. Confidentiality: Requirements for keeping the termination terms confidential

10. Governing Law: Specification that Nigerian law governs the agreement

11. Execution: Signature blocks and execution requirements

What sections are optional to include in a Commercial Lease Termination Agreement?

1. Outstanding Repairs: Details of any repairs required before termination, used when premises require specific remedial work

2. Third Party Notifications: Requirements for notifying relevant third parties, included when there are registered interests or service providers

3. Holdover Provisions: Terms governing any temporary extension of occupation, used when exact vacation date is uncertain

4. Assignment of Contracts: Provisions for transferring or terminating related contracts, used when service agreements exist

5. Insurance Claims: Handling of ongoing or potential insurance claims, included when there are outstanding claims

6. Tax Provisions: Special tax considerations or obligations, included when there are specific tax implications

7. Broker Fees: Settlement of any outstanding broker or agent fees, included when brokers were involved

What schedules should be included in a Commercial Lease Termination Agreement?

1. Schedule 1 - Property Description: Detailed description of the premises including any fixtures and fittings to be returned

2. Schedule 2 - Settlement Statement: Detailed breakdown of all financial settlements including rents, deposits, and deductions

3. Schedule 3 - Handover Checklist: Itemized list of requirements for premises handover

4. Schedule 4 - Original Lease Details: Key details from the original lease agreement referenced in the termination

5. Appendix A - Photographic Schedule: Current photographs of the premises condition, if required

6. Appendix B - Outstanding Obligations: List of any continuing obligations that survive termination

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

Jurisdiction

Nigeria

Publisher

Genie AI

Cost

Free to use
Relevant legal definitions
Relevant Industries

Real Estate

Retail

Commercial Property

Banking and Financial Services

Hospitality

Healthcare

Professional Services

Manufacturing

Logistics and Warehousing

Technology

Education

Relevant Teams

Legal

Real Estate

Facilities Management

Operations

Finance

Risk and Compliance

Property Management

Asset Management

Administrative Services

Corporate Services

Relevant Roles

Property Manager

Real Estate Director

Facilities Manager

Legal Counsel

Commercial Property Lawyer

Chief Financial Officer

Operations Director

Business Owner

Leasing Manager

Asset Manager

Property Administrator

Risk Manager

Compliance Officer

Real Estate Portfolio Manager

Industries
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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