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Landlords And Tenants' Rights In Nigeria - Properties - Nairaland

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Landlords And Tenants' Rights In Nigeria by CotenantNIG: 12:05am On Jul 21
The Nigerian law is all-encompassing and people-welfare oriented that the law went on to provide an avalanche of rights, duties, and privileges for both parties.  The law defines the rights, duties, privileges, powers, and remedies open to both tenants and landlords.

Here are some of the rights open to Tenants and Landlords as covered by the Tenancy Law in Nigeria, today.

RIGHT TO ISSUANCE OF RECEIPT OF PAYMENT

 The receipt of payment is an acknowledgment from a Landlord or an Agent that a rent payment has been made by a tenant. It must contain the name of the Landlord and the Tenant. The amount paid and the date of such payment. The property for which such payment is made, the duration that such payment will cover, and the receiver's signature must also be on the receipt.

It is an actionable offense to refuse to issue a receipt for rent paid and received. It is your right as a tenant to be issued a receipt upon payment of rent. Where the payment is only a part of a whole, it should also be receipted and stated.

Remember a written agreement endorsed by the landlord before a witness that he has received rent from his tenant will suffice. No matter how familiar, friendly, corporate, and caring your landlord is, please always demand receipts of your paid rents to safeguard your tomorrow.

RIGHT TO A VALID QUIT NOTICE

A tenant cannot be thrown out of his apartment unless there is 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 terminate/quit the tenancy of the tenant must be written and served to the tenant. The amount of time given to the tenant, whether weekly, monthly, yearly, depends on his rent. Thus it is advised that a tenant thoroughly read through the Tenancy Agreement before signing as some might even sign away their rights for a ‘quit notice’. Remember, ignorance is not an excuse in law.

A valid “Quit Notice” must contain the name of the landlord, the name of the tenant, the address of the property occupied by the tenant, the duration given to the tenant included.

RIGHT TO A WRITTEN AGREEMENT

Every tenant no matter his status or location in Nigeria has the right to an agreement. Agreements, on the other hand, can be oral or written. However, it is advised that agreements between both parties should be written, hence, any altercations would be easily dealt with, and it comes in handy as references.

The tenant is expected to go through the agreements thoroughly before signing.

Tenancy agreements contain in detail the names of a landlord and his tenant; as parties to the Tenancy Agreement.

The land or house to be rented out ought to be described in detail; showing its location and basic features. The duration of the tenancy, the rent payable and the date at which such rent would become payable should be stated.

The modalities for reviewing rent price (price increment) should be included. Before signing any agreement, a prospective tenant is advised to seek the service of a solicitor to break down any unclear terms in the Tenancy Agreement.

RIGHT TO PEACEFUL ENJOYMENT OF PROPERTY

When a tenant pays his rent and is issued a receipt, the landlord grants him the right to peaceful enjoyment of the property. Once this is done, he determines the entrance, usage, safety and can even sue for trespass against any trespasser; strangers, landlord, and his agents. The landlord, however, can supervise and maintain the property generally, but with the knowledge of the tenant and within reasonable hours of the day.

Section 7 of the law states that tenants are to comply with the tenancy agreement which includes paying their rent on time to avoid problems, they are also expected to behave in the right manner, they are to take consent from the landlord before fixing up any structural damage on any part of the building, subletting and alterations.

RIGHT NOT TO REIMBURSE A TENANT

Most times, the tenant feels the landlord owes him after making repairs in the house and this often leads to disagreements. According to the law, the landlord has the right not to reimburse a tenant.

They are only required to reimburse a tenant when the repair is covered in their initial agreement. This is why before signing the Tenancy Agreement both parties should decide who repairs what and what.

RIGHT TO REVIEW RENT

Every landlord is in business and the aim is definitely to make profits. A landlord can decide to increase his Tenancy rate if he wishes. Though it must be in line with the ‘Rent Review Clause’.

However, the new increment does not affect a tenant during an existing tenancy.

RIGHT NOT TO ISSUE A QUIT NOTICE 

Evictions in Nigeria mostly tend to be worrisome, as many Landlords have experienced Tenants flouting court orders after the exhaustion of “Quit Notice” and it seems the only language most complies with is force. An action every civil society should frown upon.

According to laws, a Landlord has the right to issue a “Quit Notice” and also a right not to issue one. For Instance, when a tenant has waived his right to a quit notice while signing the tenancy agreement. Or when the tenant has breached a written agreement.

Such as using a property rented for residential purposes for commercial purposes or a situation whereby a tenant doesn’t pay three (3) months’ rent in a row. Whichever the case is, the landlord is still required by law to issue a Seven Day to Recover Premises.

RIGHT TO A COMPULSORY (7) SEVEN DAYS NOTICE TO RECOVER PREMISES

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”.

The “Seven (7) Days’ Notice of Owner’s Intention to Recover Premises” is a notice from a landlord’s lawyer notifying a tenant upon whom a “Quit Notice” had been served and same had expired; that the lawyer will after seven (7) days from the date of the service of the Notice proceed to court to recover the over- held premises on behalf of the landlord.

Discussed above are some of the rights of a tenant covered by Nigerian law. And as laws are protecting the tenant, the landlord has laws protecting his rights under Nigerian law too. Below are some of the Rights of a Landlord in Nigeria.

https://clytee.com/2021/07/19/tenant-and-landlord-rights-in-nigerian-real-estate/

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Re: Landlords And Tenants' Rights In Nigeria by Sebastine1994(m): 12:28pm On Jul 21
Nairaland

18 Likes 5 Shares

Re: Landlords And Tenants' Rights In Nigeria by 96ACE: 12:28pm On Jul 21
Insightful, These rights only work on paper, in a real Nigerian settings na your Agent go tell you the Koko after your money don enter him hand.

13 Likes

Re: Landlords And Tenants' Rights In Nigeria by Hardewarlee(m): 12:29pm On Jul 21
I wish most landlords & landladies are elites and educated to come online to read this …

2 Likes

Re: Landlords And Tenants' Rights In Nigeria by Jeromejnr(m): 12:29pm On Jul 21
Things that should be on front page.

4 Likes

Re: Landlords And Tenants' Rights In Nigeria by Kingpele(m): 12:29pm On Jul 21
grin all I can say is landlords should work with a lawyer ,recently I tried it and is working for me ,how can someone who is owning two years rent of a. Flat more than 5 hundred thousand naira decided to secretly parked out of the building... I have had a terrible experiences with some tenants .Ok ,last weeki went to collect shop rent from a woman ,her daughter told me that her sister gave birth that her mother went to be with her..This woman never informed that she won't be around..so just as bad landlords exist ,wicked tenants abound in this country as well

33 Likes 4 Shares

Re: Landlords And Tenants' Rights In Nigeria by Sonnobax15(m): 12:30pm On Jul 21
lipsrsealed
These rights are only applicable in western and saner climes....Here in africa, Nigeria to be precise, most landlords see themselves as Demi gods who are to be worshipped by their tenants..
Tho educating the general public on these things which the op has just highlighted is very important but the fact that some tenants are generally stubborn shouldn't be overlooked as well..

"If you no take care of another person property well,you no go fit still take care of your own too"......

13 Likes 2 Shares

Re: Landlords And Tenants' Rights In Nigeria by Administration1: 12:30pm On Jul 21
who can Issue the Sole Occupant of Aso Rock a quit notice for me?

13 Likes 2 Shares

Re: Landlords And Tenants' Rights In Nigeria by Ninnoo: 12:30pm On Jul 21
As a potential landlord I need this

2 Likes

Re: Landlords And Tenants' Rights In Nigeria by Starboytwo(m): 12:30pm On Jul 21
I’m some parts of naija, things like this don’t work. You will need to go and hire some people to come and deal with some kind of people before you make headway.

2 Likes

Re: Landlords And Tenants' Rights In Nigeria by danowena: 12:30pm On Jul 21
sad
Re: Landlords And Tenants' Rights In Nigeria by Okortor: 12:30pm On Jul 21
Na mumu de go court for this Buhari regime because lawyers go use una cash out yet no positive turn out.

Make una just settle una matter amicably make una no use money wey una suppose use chop de do court case.

7 Likes

Re: Landlords And Tenants' Rights In Nigeria by Ddymugul: 12:30pm On Jul 21
Minister
Re: Landlords And Tenants' Rights In Nigeria by Lee99: 12:31pm On Jul 21
All I'm saying is that its wickedness to default on your rent and then live rent free in someone's house thereby holding onto his source of income and then proceed to shamelessly drag the landlord to court, most of this rubbish tenant lifestyle happens in Abuja, you'll see one idiot that is owing rent of 400k buying a car worth 2.5m and park it in the same compound where he has refused to pay rent, nonsense and ingredients undecided

17 Likes 1 Share

Re: Landlords And Tenants' Rights In Nigeria by Akwamkpuruamu: 12:31pm On Jul 21
Informative
Re: Landlords And Tenants' Rights In Nigeria by billiejoyce: 12:31pm On Jul 21
Thanks for sharing
Re: Landlords And Tenants' Rights In Nigeria by sotall(m): 12:31pm On Jul 21
cool
Re: Landlords And Tenants' Rights In Nigeria by Mykelslim: 12:32pm On Jul 21
Caretaker almost denied recieving my rent. I had to bring my bank statement and show landlord before he issued me receipt.

2 Likes

Re: Landlords And Tenants' Rights In Nigeria by jetpack: 12:32pm On Jul 21
Hardewarlee:
I wish most landlords & landladies are elites and educated to come online to read this …

Mine is educated but him still dey misbehave

1 Like

Re: Landlords And Tenants' Rights In Nigeria by abiolert(m): 12:33pm On Jul 21
My landlady come see oh! She dey use light bill dey collect steady income from Tenants over the yrs. My eyes don open as I wan pack she disconnect me, I just kukuma leave the light like that. The next two months I go run commot for that her stupid house wey.

1 Like 1 Share

Re: Landlords And Tenants' Rights In Nigeria by dangoteinlaw: 12:33pm On Jul 21
Hmmmm this is seriously serious

WhatsApp me now to get your houseplan drawings and designs at an affordable price.
--- You do not want to be on the bad books of any lagos landlord trust me--
Re: Landlords And Tenants' Rights In Nigeria by airminem(f): 12:35pm On Jul 21
sad

1 Like

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