The Rights Of Nigerian Tenants By Law
Strife between landlords and tenants is regrettably common in Nigeria. Indeed, fostering a harmonious relationship between tenants and landlords is a true blessing in today’s society. To steer clear of avoidable tenancy issues, it is crucial to assert and understand the fundamental rights you are entitled to as a tenant in Nigeria. It is difficult to protect a right that is unknown, so it is important for tenants to be aware of certain rights. Below are some of the rights provided by the law Your Rights “Right to exclusive possession: As a lawful tenant, the law states that the place is solely yours for the duration of the tenancy. You have the right to exclusively use the premises, excluding even the landlord. This means that the landlord needs your permission to enter the house or apartment, and anyone who enters the premises without your consent is guilty of trespass. Right to a duly signed Payment Receipt: You have the right to receive a payment receipt from the landlord when you pay rent. The receipt should include the amount paid, the location of the property, and the duration of the tenancy. In Lagos, failure to issue a receipt is an offence under the Lagos Tenancy Law, and landlords who don’t issue receipts may face a penalty of N100,000. Make sure you ask for your receipt – it’s your right! Notice to Quit before eviction: Tenants are entitled to receive notice before being evicted from a building, and the notice period varies based on the type of tenancy agreement. Weekly tenants are entitled to a week’s notice, monthly tenants are entitled to two weeks’ notice, and yearly tenants are entitled to 6 months’ notice. In Lagos, if you have a fixed tenancy, the landlord does not have to serve you a notice to quit once the tenancy expires because the Lagos Tenancy Law presumes that you are aware of when your tenancy is due to expire, and so no notice is required. Right to seven days’ Notice to Recover Possession: As part of your rights as a tenant, you are entitled to a seven days’ notice to recover possession in addition to the notice to quit. This crucial notice is issued by the landlord only after a valid notice to quit has expired. It is a critical step in the eviction process, and without it, the landlord cannot take legal action for eviction. Break Clause: If there is a break clause in the tenancy agreement, your landlord can give you notice after this. However, your landlord doesn’t have a guaranteed right to possession during the first six months of the tenancy. A break clause is a provision in a tenancy agreement that allows both the tenant and the landlord to end the tenancy agreement early during the fixed term. Essentially, either party can “break” the tenancy before the fixed end date, if the correct procedures and minimum protection contained in the relevant law are followed.
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