Maintaining a healthy landlord-tenant relationship in a residential property is a pre-requisite for societal advancement and growth. Good tenant employee relations back-up by a comprehensive tenancy agreement and timely payment of rents are required for a cordial relationship to exist between the parties and to also boost tenant satisfaction. This relationship is one of tenure which means that it is for a period that subjects it to a definite limit.
Generally, a landlord and tenant relationship exists if;
- The property owner has title to the property and consents to occupancy of the premises;
- The tenant acknowledges that the owner has title to the property and a future interest in the property;
- The tenant receives a limited right to use the premises;
- The owner transfers possession and control of the premises to the tenant; and
- A contract to rent exists between the parties (landlord and tenant law may apply even in the absence of a written and signed rental agreement between the owner of the property and the person living on the property, The court will look at several factors, including the owner’s consent to occupancy of the property, the length of the occupancy, and the exchange of monies, goods, or services)
WHAT ARE MY RIGHTS AS A TENANT IN NIGERIA?
- Right to quiet enjoyment or reasonable use of the premises: If a landlord is found to have interfered with a tenant’s quiet enjoyment or reasonable use of the premises, the tenant may recover damages.
- Right to rent property that’s fit for habitation
- Right to a Compulsory 7 Days’ Notice to Recover Premises: Under the Nigerian law, you are entitled to a compulsory ‘7 Days’ Notice to Recover Premises’ This notice comes from your landlord’s lawyer to notify you that the lawyer will proceed to court after 7 days of serving you this notice, recover the over- held premises on behalf of the landlord. This 7-day notice comes after the expiration of the initial notice to you to quit the property.
We should add here that the ‘7 Days’ Notice to Recover Premises’ can only be served upon the expiration of the initial quit notice. The 7 days’ notice is to be calculated from the day after the service of the notice on the tenant and not from the day of service. If it is served before a ‘Quit Notice’ or during the lifespan of a ‘Quit Notice,’ it is rendered invalid.
4. Right to Written Agreement: A written agreement removes all elements of doubt and ambiguity around the intention of all parties involved (you and the landlord).
Details that should be included in a written agreement include:
- Your name as well as the name of the landlord
- Details of the type of property that is being rented out
- The location of the property you are renting as well as the features that come with it
- The period for which the rent will cover
- The amount of money that is being paid as rent
- The date payment was made
- The modalities for an upward review of the rent
- The duration of ‘quit notice’ to be served by the landlord
- The person responsible for repair works within and around the property
- The person who bears the responsibility for expenses like water, electricity and sanitation bills
Before a written agreement can be considered valid, both parties (you and the landlord) are to execute the agreement by signing and dating it with at least one witness each
5. Right to Valid Quit Notice before Eviction: As a tenant, your landlord is not legally empowered to throw you or your valuables out of his/her property without a valid notice to quit the property. Before your landlord can get you to quit his/her property, there must be strict compliance with the Recovery of Premises Law. The duration of the Quit Notice varies according to the conditions of your tenancy as seen below:
1. A one-year (or above) tenancy will require at least a notice of 6 months
2. A one-month tenancy will require a minimum notice of one month
3. A one-week tenancy will require a minimum notice of one week
It is important to add here that you and the landlord can agree on a different duration for the quit notice in the written agreement. What this means, for instance, is that even though the law stipulates that your landlord should give you a notice of 6 months to quit a tenancy of one year, it can be reduced to a month or a week’s notice through the written and signed agreement.
Real estate experts have repeatedly emphasised the need to go through the agreement with a property lawyer before you append your signature to a tenancy agreement. The real estate space is replete with stories of tenants like you who signed a tenancy agreement to be evicted without a ‘Notice to Quit’ without realising the full implication of what they were signing. Never forget that the law does not care to know if you understood what you were signing or not. In law, this is known as ‘ignorantia legis non excuse‘ (ignorance of the law is no excuse). If you sign a legal agreement that limits your rights, you will be bound by the same agreement. Under the law, this is known as ‘volenti non fit injuria.’
Sometimes the action or inaction of a landlord may constitute a constructive eviction. A constructive eviction occurs when the landlord has made living on the premises unbearable or impossible. For example, assume that a landlord has refused to provide heat to rented premises. This constitutes a constructive eviction, and the tenant is not liable for rent.
Also, take note that any person issuing a Notice to Quit can’t do so legally without the written authority of the Landlord to do so
WHAT ARE MY RIGHTS AS A LANDLORD IN NIGERIA?
- Right to receive rent: A landlord has the right to receive regular and periodic rent form the tenant for the use and occupation of his premises. Rents can be collected weekly, monthly, quarterly, half-yearly, and annually as agreed by the landlord and tenant. However, how the rent is collected determines the period of notice to which the tenant is entitled to.
- Right to reasonable periodic inspection of the demised premises: The landlord is permitted by law to enter into the demised premises to carry out routine checks on how the demised premises is being used. However, before such checks, sufficient notice has to be given to the tenant in the manner stipulated in the tenancy agreement.
- Right to review rent: A landlord has the right to review his rent upward (and sometimes, in the face of economic realities like economic meltdown, downwards). Such rent reviews have to take cognizance of the prevailing rate in the area and the special circumstances of the property so that they are not viewed as arbitrary or unreasonable.
- Right to lawfully eject a tenant: A landlord has the right to lawfully eject a tenant whose tenancy has been determined following the Tenancy Agreement or by operation of law. It is illegal to use self-help by inviting thugs or “Area-boys” to assist in ejecting a tenant. One can be liable for the crime disruption of public peace and criminal assault among others.
There are a few lawful grounds for an action to recover premises;
- Arrears of rent: The rent lawfully due must not be more than the standard rent and must be in arrears of at least three months from when it was due. Furthermore, it is the tenant’s duty to seek the landlord and pay their rent so any excuse that the landlord did not come to collect rents is unpardonable.
- Breach of an Express Covenant: Covenants are the terms of the lease agreement. An example of an express covenant would be the use of the premises. The lease agreement may specifically provide that the premises be used for residential purposes only. If the tenant converts the use to a commercial or religious purpose, that would be a breach of the user covenant. This would be a basis for the courts to make an order for possession in favour of the landlord.
- Notice of tenant’s intention to vacate the property: if a tenant informs the landlord that he would move out of the property at the end of the current term, the landlord may agree with another person to let the property to them when the present tenant leaves, if the tenant does not vacate the property as anticipated, the order for possession may be granted.
TENANCY AGREEMENT
Drafting of a comprehensive tenancy agreement requires the services of a competent lawyer, who will concisely spell out the duties and responsibilities of both the landlord and the tenant is sometimes ignored by some landlords or not drafted at all. In the absence of a comprehensive tenancy agreement, conflict and soar relationship between the landlord and the tenant may arise, when one party is not satisfied with the conduct of the other.
Unconscionable Agreements are ones that unduly favor one party (which is usually the landlord) over the other. To avoid being manipulated into appending your signature to dubious tenancy agreements that can come back to haunt you, consider hiring a real estate lawyer to protect your interest.
The following are some quick tips for individual intending to rent a property;
- Know what your expectations are before searching for a property. If your requirements aren’t offered at a particular property, then move on.
- Submit completely accurate rental applications regardless of your shortcomings, Lying on an application is almost always grounds for denial or later termination of a lease.
- Ask the right questions: Do not be shy when searching for a home to rent. Ask as many questions as necessary to make sure that you are comfortable with the decision you are making.
- Get it in writing. If a landlord has promised a repair, new carpet, new appliances, or anything else will be done as a condition of your lease, then be sure to get it in writing, preferably on the lease document. Promises don’t get things done, written agreements do.
- Read your lease completely. Never jump into an agreement orally or without a property lawyer to guide you. Don’t let your current relationship with your landlord becloud your judgement. Relationships can go sour, which can leave you in a difficult situation in the absence of an agreement that is legally binding on you and the landlord.
- Complete or request a walk-through to assess any existing wear or damage.
- Pay your rent on time. That’s easy enough when everything is going well, but what about when things are not? Your best option is to contact the landlord as soon as you see a problem arise, and work out an agreement to get on track.
If you are in a dispute over a rental property, or concerned about your legal rights whether as the landlord or tenant, or want to evict tenants from your property, or currently facing eviction from the landlord; seek proper legal advice and help from a legal practitioner.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
Oyefeso Iyanuoluwa Esq.
Corporate, Commercial and Property Lawyer and Business Formation amd Compliance Expert.
Partner at OLUWASOLA OYEFESO & CO.
08100675645
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