Rights Of Tenant And Landlord In Nigeria – Explained

Rights Of Tenant And Landlord In Nigeria – Explained. Get All You Need To Know About Rights Of Tenant And Landlord In This Post.

Rights Of Tenant And Landlord

As we all know the differences and struggle between Landlord and Tenant in Nigeria is a very common occurrence. Imagine after passing through all the stress to get a rented apartment for yourself In Nigeria and considering you also worked within your budget, now doing all of this and you are about settling and still you don’t know your rights as a tenant in Nigeria, Not so cool right? Or as an owner of an amazing structure you have built for yourself and you decided to rent out flats to recover some spent budgets for yourself, don’t you think you should know your rights as a landlord?

In Nigeria, a large number of home searchers, especially average citizens don’t want an apartment where the Landlord also resides, this trend of mindset is from recent or past stories they’ve heard from friends and families, colleagues at work or even social media posts/threads on how most home owners are very strict or even horrible. But then, on the other view to this, imagine you as a home owner, you wouldn’t want to see the house you have worked hard to build wash down just like that, just because of a careless tenant? Most home owners believe that they have to be strict and mean to maintain order in their house.

It’s totally okay if you have made some past mistakes, this article spreads more lights for you as a Tenant or Landlord on the different rights for you as a house owner or as a tenant, whichever one.

What Are The Rights Of A Tenant?

1. Right To A Property
2. Right To a Well Written Agreement
3. Right To Issuance Of Receipt Of Payment
4. Right To Peaceful Enjoyment Of Property
5. Right To A Valid Quit Notice
6. Right To Compulsory 7- Day Notice To Recover Possessions

Rights Of A Tenant

1. Right To A Property

Most times it is impossible for tenants and house owners to live together in peace in Nigeria. The ignorance of the parties involved is to be blamed for this because not many house owners actually know their rights and that of the tenant has the right to rent any property anywhere within the country not withstanding his/her state of origin or nationality.

2. Right To a Well Written Agreement

Every tenant no matter his/her status or location in Nigeria has the right to an agreement. As we all know, agreements can be written form or oral form but majority of house hunters would always prefer written agreement to avoid unforeseen circumstances. The tenant is expected to go through the agreements thoroughly before signing. You should know that tenancy agreement is expected to contain details of the names of a landlord and his tenant; as parties involved in the tenancy agreement. There should also be a need to include the modalities for reviewing rent increment before signing this agreement also.

3. Right To Issuance Of Receipt Of Payment

Generally we all know the importance of Receipts, as it is a form to show that a particular payment has been made. The receipt of payment is an acknowledgement from a Landlord or an Agent that a rent payment has been made by a tenant.

It is very important to include the name of the Landlord and the Tenant, the amount paid and date should be clearly written or stated in this receipt. As a tenant, you should know that it is an actionable offense if your landlord has refused to issue a receipt for your rent paid and received. No matter how nice, close and friendly your landlord is, always remember to ask for your receipts, as this is your right as a tenant.

4. Right To Peaceful Enjoyment Of Property

The Tenant has the right to enjoy the property in full harmony especially where he has fulfilled his own part of the bargain. Therefore, a tenant can choose the way he wants to use the property and can also sue for trespass against anyone including the Landlord, but you should know that the landlord still has the right to supervise and maintain the property with the knowledge and permission of the Tenant.

5. Right To A Valid Quit Notice

If a landlord choose to evict a tenant for whatever reason , he must follow due process. A tenant cannot be thrown out of his apartment unless there is a strict compliance by the landlord with relevant Recovery of Premises Law.

Recovery of Premises Law provides that a valid “quit notice” of a landlord’s intention to evict the tenant must be written and served to the tenant. The amount of time given to the tenant, could be weekly or monthly, depending on his rent.

Another important thing is a tenant should really go through the Tenancy Agreement before signing as some might even sign away their rights for a “quit notice”. You should always remember ignorance is not an excuse in law.

6. Right To Compulsory 7- Day Notice To Recover Possessions

The protection given to a tenant by the Nigerian Tenancy Law, prevents Landlords to evict an occupant without issuing a “Seven Days” Notice to Recover”. All Tenants have the right to a 7- Day Notice to recover their possessions after the valid quit notice expires.

What Are The Rights Of A Landlord?

1. Right To Renew Tenancy
2. Right To Property
3. Right To Review Rent
4. Right To/Not Issue Quit Notice
5. Right To Compensation From Compulsory Acquisition
6. Right Not To Reimburse A Tenant

Rights Of A Landlord

1. Right To Renew Tenancy

Every landlord have the right to renew Tenant’s agreement or not. He has the right to refuse to renew the agreement especially where he was not comfortable with having the Tenant occupy his property.

2. Right To Property

The landlord has the right to own property in any part of the country. So, every Nigerian, no matter the religion, ethnicity of this person, they can own, buy, sell, acquire any property in any part of Nigeria.

3. Right To Review Rent

Every landlord also have the right to review the rent in line with the Rent Review Clause and not during an ongoing tenancy.

4. Right To/Not Issue Quit Notice

Another right landlords have is the right to issue or not issue Quit notice especially where he waived his right to quit notice in the rent contract agreement.

5. Right To Compensation From Compulsory Acquisition

The Government can sometimes choose to acquire properties for public purposes, they can decide to even demolish a building for public purposes also, the landlord has the right to be compensated.

6. Right Not To Reimburse A Tenant

Just in case a tenant carries out repairs in the property, the landlord has the right not to reimburse the tenant. They are only mandated to refund the Tenant only where the repair is covered in their agreement. This is why before signing the Tenancy Agreement both parties should decide who repairs what and what.

Conclusion

With some of the rights listed and stated in this article, either as a tenant or a landlord, you should be able to identify your rights when next you get involve or witness a “Tenant-landlord” disagreement.

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