TENANTS’ RIGHTS IN NIGERIA: WHAT EVERY TENANT SHOULD KNOW

Being a tenant does not mean you have no say in how you are treated by your landlord. Once you rent a property, you acquire certain rights and protections under the law. These rights cover important issues such as your tenancy agreement, privacy, rent payments, repairs, eviction and the peaceful use of the property.

However, tenancy laws can differ from one state to another in Nigeria. This means that while some rights and principles apply generally, the specific rules governing your tenancy may depend on the state where the property is located.

Understanding your rights as a tenant can help you avoid unnecessary disputes and know what steps to take when problems arise.

RIGHT TO A TENANCY AGREEMENT

One of the most important things a tenant should have is a clear tenancy agreement. A tenancy agreement sets out the terms and conditions governing the relationship between the landlord and the tenant.

It should clearly state important details such as the amount of rent payable, the duration of the tenancy, the responsibilities of the landlord and tenant, conditions for renewal and other obligations agreed upon by both parties.

A written agreement provides evidence of what the parties agreed to and can become particularly important when a dispute arises. Although the absence of a written agreement does not necessarily mean that no tenancy exists, having the terms documented can help prevent disagreements and make it easier to establish the rights and obligations of both parties.

RIGHT TO QUIET ENJOYMENT

A tenant is generally entitled to quiet enjoyment of the property during the tenancy. This means that the tenant should be able to occupy and use the rented premises without unnecessary interference from the landlord.

A landlord does not automatically have the right to enter a tenant’s apartment whenever they choose simply because they own the property. Depending on the circumstances and the applicable tenancy law, reasonable notice may be required before entering the premises, particularly where the landlord needs access for inspection, repairs or other legitimate purposes.

The right to quiet enjoyment also means that landlords should not use harassment, intimidation or other unlawful means to interfere with a tenant’s occupation of the property.

UNLAWFUL EVICTION IS NOT PERMITTED

A landlord cannot simply decide to remove a tenant from a property by force or by locking the tenant out without following the applicable legal process.

The procedure for recovering possession depends on the circumstances of the tenancy and the law applicable in the particular state. In many situations, the landlord is required to serve the appropriate notice before commencing proceedings to recover possession. Where the tenant does not leave after the required notice and any subsequent statutory steps, the landlord may need to obtain an order of a competent court for possession.

For example, the Lagos State Tenancy Law 2011 contains specific provisions governing notices and recovery of possession in Lagos State. Other states may have different legislation and procedures.

This is why tenants should not assume that the same eviction procedure applies throughout Nigeria.

RIGHT TO PROPER NOTICE BEFORE EVICTION

Notice before the termination of a tenancy is an important part of the landlord-tenant relationship.

The length of notice required can depend on the type of tenancy, the terms of the tenancy agreement and the applicable law. Common examples may include weekly, monthly or yearly tenancies, but the exact notice required should not be determined by simply relying on a general rule found online.

For instance, the applicable law may prescribe a particular period of notice, while the tenancy agreement may also contain relevant provisions. There may also be circumstances in which statutory exceptions apply.

Tenants facing eviction should therefore verify the law applicable in their state and the terms of their tenancy before taking action.

RIGHT TO SAFE AND HABITABLE PREMISES

A tenant is entitled to occupy premises that are reasonably suitable for their intended use. The landlord’s responsibilities concerning repairs and maintenance, however, can depend on the nature of the defect, the tenancy agreement and the applicable law.

Generally, landlords are responsible for substantial structural or major repairs that are not caused by the tenant’s negligence or misuse. Tenants, on the other hand, may be responsible for keeping the premises in good condition and handling minor repairs or damage caused by their own actions.

The important point is that landlords and tenants should understand their respective maintenance obligations before problems arise.

PROTECTION AGAINST UNLAWFUL OR EXCESSIVE RENT DEMANDS

Rent and other charges are another common source of disputes between landlords, tenants and agents.

Tenants should understand exactly what they are being asked to pay before entering into a tenancy. This may include rent, caution fees, service charges, legal fees, agency fees or other agreed charges, depending on the circumstances and applicable law.

Some states have introduced specific rules regulating rent payments and related charges. For example, the Lagos State Tenancy Law 2011 contains provisions regulating advance rent in certain circumstances.

Because tenancy legislation differs across Nigeria, tenants should not assume that a restriction applicable in Lagos automatically applies in Abuja, Anambra, Rivers or another state.

Before making payment, ask for a clear breakdown of the amount demanded and retain evidence of every payment.

RIGHT TO A RECEIPT OR EVIDENCE OF PAYMENT

Whenever a tenant pays rent or another tenancy-related amount, there should be evidence of the transaction.

A rent receipt, bank transfer record, acknowledged payment or other reliable documentation can help establish how much was paid, when it was paid and what the payment was for.

This becomes particularly important where a dispute later arises over rent arrears, the duration of a tenancy or whether a particular payment was made.

Tenants should therefore keep their receipts, transfer alerts, agreements, messages and other relevant documents throughout the tenancy.

YOUR LANDLORD CANNOT ACCESS YOUR HOME AT WILL

Owning a property does not mean that a landlord can treat a tenant’s home as though the tenant has no privacy.

A landlord may have legitimate reasons to enter the premises, such as carrying out necessary repairs, inspecting the property or showing the property to prospective tenants or purchasers in appropriate circumstances. However, the manner and timing of such access may be regulated by the tenancy agreement and applicable law.

Where notice is required, the landlord should give the tenant reasonable notice rather than simply entering the premises without permission.

Tenants should also remember that the right to privacy does not mean that a landlord can never access the property. The key issue is whether the access is lawful and carried out in accordance with the applicable terms and law.

WHAT SHOULD YOU DO IF YOUR TENANT RIGHTS ARE VIOLATED?

If you believe your rights as a tenant have been violated, do not immediately resort to threats, violence or self-help.

Start by documenting what happened. Keep copies of your tenancy agreement, rent receipts, bank transfer records, messages, photographs, notices and other relevant evidence.

You can then seek legal advice to determine whether the landlord’s conduct is lawful and what remedy may be available to you. Depending on the nature of the dispute and the applicable law, the matter may be resolved through negotiation, appropriate dispute resolution mechanisms or court proceedings.

The most important thing is to understand that both landlords and tenants have legal rights and obligations. Knowing those rights can help you respond properly when a tenancy dispute arises.

CONCLUSION

Being a tenant does not mean you are without legal protection. From the beginning of the tenancy to the payment of rent, maintenance of the property, privacy and eventual recovery of possession, the relationship between a landlord and tenant is governed by legal rules.

However, there is no single tenancy law that applies identically across every part of Nigeria. The law applicable to a tenant in Lagos may differ from that applicable in Anambra, Abuja or another state.

Before signing a tenancy agreement, paying rent or responding to an eviction notice, understand the law applicable to your particular situation. Where a dispute arises, proper legal advice can help you protect your rights without resorting to self-help.