Understanding Tenancy Laws in Nigeria: Rights of Landlords & Tenants

Tenancy laws in Nigeria govern the relationship between landlords and tenants, ensuring that both parties are protected under the law.

Understanding these laws is crucial for property owners and renters to avoid disputes and safeguard their rights.

This guide explores the rights, responsibilities, and legal provisions that govern tenancy agreements in Nigeria.

1. Legal Framework of Tenancy in Nigeria

The principal laws governing tenancy in Nigeria include:

The Tenancy Law of Lagos State (2011) – This law is specific to Lagos State but serves as a model for other states.
The Rent Control and Recovery of Premises Laws – Each state has its version of this law.
The Land Use Act (1978) – Governs land ownership and administration in Nigeria.
The Constitution of Nigeria (1999, as amended) – Provides general property rights.

2. Tenancy Agreements: The Foundation of Rental Relationships

A tenancy agreement is a legally binding document that outlines the rights and responsibilities of both landlords and tenants. It should contain:

Names of the landlord and tenant
Address of the rented property
Duration of the tenancy
Rent amount and payment terms
Security deposit requirements
Obligations of both parties
Grounds for termination
Dispute resolution mechanism

It is advisable to have a written agreement, though oral agreements are also recognized under Nigerian law.

3. Rights and Responsibilities of Landlords

Rights of Landlords

Right to Collect Rent: The landlord is entitled to receive rent as agreed in the tenancy contract.
Right to Evict Tenants: A landlord can lawfully evict a tenant who breaches the tenancy agreement, following legal procedures.
Right to Inspect Property: Landlords can inspect the rented property with adequate notice to the tenant.
Right to Recover Premises: After proper notice, landlords can reclaim their property for personal use or sale.
Right to Increase Rent: Rent increases must comply with legal stipulations and reasonable notice must be given to tenants.
Right to Demand Good Maintenance: Tenants must maintain the property in good condition, barring reasonable wear and tear.

Responsibilities of Landlords

Providing Habitable Premises: Landlords must ensure the property is safe and habitable.
Respecting Tenants’ Privacy: Landlords should not enter the property without prior notice.
Issuing Proper Notices: Before terminating a tenancy, appropriate notices must be served.
Maintenance of Common Areas: If applicable, landlords must maintain shared facilities.
Avoiding Unlawful Eviction: Landlords cannot evict tenants forcefully or without legal backing.

4. Rights and Responsibilities of Tenants

Rights of Tenants

Right to Peaceful Enjoyment: Tenants have the right to use the property without undue interference.
Right to Fair Rent: Rent increments must be reasonable and justifiable.
Right to a Proper Notice Before Eviction: Tenants must be given adequate notice before eviction.
Right to Demand Repairs: If a landlord fails to maintain the property, the tenant can request repairs.
Right to Refund of Security Deposit: If there is no damage beyond normal wear and tear, tenants are entitled to a refund of their deposit.
Right to Renewal or Negotiation: Tenants can negotiate renewal terms before their lease expires.

Responsibilities of Tenants

Paying Rent on Time: Tenants must comply with rent payment agreements.
Proper Use of the Property: The property should be used only for the agreed purpose.
Allowing Reasonable Inspection: Landlords should be allowed to inspect the property with proper notice.
Maintaining the Property: Tenants must keep the property clean and in good condition.
Giving Proper Notice Before Leaving: If a tenant wishes to leave, they must provide due notice per the tenancy agreement.
Avoiding Subletting Without Consent: Tenants cannot sublet the property without the landlord’s approval.

5. Rent Control and Regulation in Nigeria

Rent control laws vary across states, but they generally regulate:

Rent increases
Security deposit limits
Legal procedures for evictions
Rights of tenants against arbitrary increases in rent

Some states, like Lagos, have specific laws preventing excessive rent hikes.

6. Eviction Process in Nigeria

Evictions must follow due process. The typical steps include:

Issuance of a Quit Notice: The landlord must serve a quit notice, which varies based on the tenancy type (e.g., weekly, monthly, yearly tenants).
Notice of Owner’s Intention to Recover Possession: After the quit notice expires, the landlord issues another notice.
Court Proceedings (if necessary): If the tenant refuses to vacate, the landlord can seek court intervention.
Execution of Eviction Order: If the court grants eviction, the tenant must leave, sometimes with police enforcement.

7. Common Disputes and How to Resolve Them

Disputes between landlords and tenants often arise from:

Rent increases
Non-payment of rent
Poor maintenance of property
Illegal eviction
Breach of tenancy agreement

Ways to Resolve Disputes:

Negotiation: Direct discussions between both parties.
Mediation: Involves a neutral third party.
Arbitration: A legally binding decision is made by an independent party.
Legal Action: As a last resort, disputes can be settled in court.

8. Important Considerations Before Renting a Property

For landlords and tenants, understanding these key points is crucial:

Verify Ownership: Tenants should confirm the legitimacy of a property owner before paying rent.
Document Everything: Keep written agreements, payment receipts, and correspondence.
Understand the Local Laws: Each state may have specific tenancy laws.
Seek Legal Advice When Necessary: Consulting a lawyer can help avoid costly disputes.

Conclusion

Understanding tenancy laws in Nigeria is essential for both landlords and tenants to protect their interests and maintain a healthy rental relationship. By adhering to legal requirements and respecting each other’s rights, both parties can avoid unnecessary conflicts. Whether you are a landlord or a tenant, staying informed about your legal rights and obligations will ensure a smooth and fair tenancy experience.