Under Nigerian tenancy law, the relationship between landlords and tenants is primarily governed by state-specific tenancy laws and the general law of contract, applicable across Nigeria’s 36 states and the Federal Capital Territory (FCT). These laws outline the rights and obligations of both parties to ensure fair transactions and prevent exploitation. Below are the key rights of both landlords and tenants:
Rights of Landlords
- Right to Collect Rent:
- A landlord has the right to collect rent as agreed in the tenancy contract.
- If the tenant refuses or neglects to pay rent, the landlord can terminate the agreement and initiate eviction proceedings.
- Right to Terminate the Tenancy with Notice:
- The landlord can end the tenancy for non-payment of rent, violation of tenancy terms, or illegal use of the premises.
- Proper notice must be given, as required by law or the tenancy agreement.
- Right to Repossess Property:
- Upon termination or legal action, the landlord can regain possession of the property.
- If contested, court intervention may be necessary to enforce repossession.
- Right to Access Property for Maintenance:
- Landlords have the right to inspect and maintain the property but must provide reasonable notice, except in emergencies.
- Right to Lawful Eviction:
- A landlord can legally evict a tenant for non-payment or breach of contract terms.
- Forceful evictions without a court order are illegal.
Also read: Understanding the Concept of Fair Hearing in Nigeria
Rights of Tenants
- Right to Privacy:
- Tenants have the right to enjoy privacy without unjustified interference from the landlord.
- The landlord must provide adequate notice before accessing the property.
- Right to a Comfortable Living Environment:
- The landlord must maintain the premises and keep it in habitable condition.
- This includes ensuring that the infrastructure meets basic living standards.
- Right to Proper Notice:
- Tenants are entitled to appropriate notice before the tenancy is terminated.
- Notice periods vary depending on the tenancy type (e.g., monthly, quarterly, or yearly).
- Right to Fair Rent:
- Rent must align with prevailing rates in the area.
- Tenants can challenge unreasonable rent increases in court.
- Ongoing efforts to regulate rent include a controversial rent cap bill in the Senate and a similar proposal for the FCT.
- Right to Security Deposit Refund:
- Upon vacating, tenants are entitled to a refund of their security deposit, minus any deductions for damages or unpaid rent.
- Right to Peaceful Enjoyment:
- Tenants have the right to use the property without harassment from the landlord or third parties.
- This right guarantees peaceful enjoyment against any interference, even from the landlord.
State-Specific Tenancy Laws
While these rights apply broadly across Nigeria, tenancy laws vary by state. For example, Lagos State’s Tenancy Law of 2011 provides detailed regulations on:
- Rent control
- Notice periods for eviction
- Eviction procedures
Each state has unique laws that address its rental environment, making it essential to understand the specific rules in your location.
Conclusion
Understanding the rights and responsibilities of both landlords and tenants under Nigerian tenancy law fosters harmonious relationships and prevents disputes. Both parties should adhere to the terms of the tenancy agreement and relevant laws to avoid misunderstandings and legal complications.
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