Funmilayo Olagunju Esq

Agreement is Agreement” is frequently used to emphasize the binding nature of agreement. Suffice to say that agreement should be carefully reached after having a clear understanding of the terms.
Let’s talk about Tenancy Agreement. For various reasons flowing from the economic reality of the Country, many people search for apartment in haste.
No thanks to the hurry, many prospective tenants doesn’t bother about Tenancy Agreement before making payment and moving into an apartment.
There are those who equally find it needless and stressful to read Tenancy Agreement given to them. Such would append their signatures as mere formality.
One thing that is common to both parties is latter regret. When the unfavorable terms of the agreement begins to unfold, they become helpless.
When next you want to rent or lease an apartment, do well to request for the Rent/Lease agreement.
Do yourself another favour of carefully reading and understanding the terms of that agreement.
Be it known unto you that generally, tenancy and contractual relationships are governed by the mutual agreement of the parties. That is why “Agreement is Agreement”
However, it is not possible for agreement to upturn a Statutory requirement. For instance, an agreement can not legally reduce or eliminate the Landlord’s obligation to give full Statutory notice to quit.
Worthy to mention that the Court will not come and meet you at home to settle the matter or restrain the Landlord who might be exploring extra judicial means to forcefully eject the tenants. Let the tenants beware.
Agreement is agreement subject to Statutory provision. Let the Lessor/Landlord beware.
Agreement no matter how mutual between parties can not confer legality on something that is expressly prohibited by the Law.
For instance, a mutual agreement to keep a brothel still remains a crime .
Keeping a brothel
“Whoever
(a) keeps or manages or assists in the management of a brothel; or
(b) being the tenant, lessee, or occupier or person in charge of any premises, knowingly permits such premises or any part thereof to be used as a brothel or for the purpose of habitual prostitution; or
(c) being the Lessor or landlord of any premises, or the agent of such Lessor or Landlord, lets the same or any part thereof with the knowledge that such premises or some part thereof is to be used as a brothel, or is wilfully a part to the continued use of such premises or any part thereof as a brothel, is liable-
(i) to a fine of one hundred naira or to imprisonment for six months, and
(ii) on a second or subsequent conviction, to a fine of Three hundred Naira or to imprisonment for one year;
Or in either case, to both such fine and imprisonment”
Section 225B of the Criminal Code CAP C38 LFN 2004
Let both occupant and Landlord beware.
“When the sentence for a crime is not quickly carried out, the people’s heart are filled with schemes to do wrong”
Ecclesiastes 8:11