Navigating Nigerian Tenancy Law: A Detailed Guide for Landlords, Tenants, and Property Managers

What is Tenancy law?

Response– Tenancy law regulates the landlord-tenant relationship. The law aims to provide a legal framework for the rights and obligations of both landlords and tenants, and to help address common issues that arise in tenancy agreements.

Tenancy laws differ from state to state, it is vital to understand the specific regulations in your area to ensure compliance and avoid potential disputes.

What are the various categories of Tenancy?

Response-

1. Fixed Term Tenancy: A tenancy agreement for a specific period, usually 1-3 years.
2. Periodic Tenancy: A tenancy agreement with no fixed end date, usually month-to-month or year-to-year. This is the most common category of tenancy in Nigeria.
3. Tenancy at Will: A tenancy agreement where the landlord can terminate the tenancy at any time, usually with short notice.
4. Tenancy-at-Sufferance- This category of tenancy is created when a tenant holds over the premises beyond the duration or term of his tenancy/lease.
5. Statutory Tenancy- This category of tenancy is created in favour of a tenant by operation of statute e.g. the Lagos Tenancy Law 2011. Thus, a statutory tenant is an occupier who, after the expiration of contractual lease, retains possession of the demised premises against the wishes of the landlord.

What are the Rights available to a Landlord and Tenants under the Tenancy Law in Nigeria?

Response- For Landlord

1. Right to Collect Rent:
2. Right to Terminate the Tenancy with Notice
3. Right to Repossess Property
4. Right to Access Property for Maintenance
5. Right to Lawful Eviction

 Rights of Tenants

1. Right to Privacy
2. Right to be issued payment receipt
3. Right to a Comfortable Living Environment
4. Right to Proper Notice
5. Protection against arbitrary rent hikes
6. Right to Security Deposit Refund
7. Right to Peaceful Enjoyment
8. Protection against excessive advance rent demands
9. Compensation for improvements

 How to evict a tenant legally?

Response– As outlined in the law, landlords and tenants must adhere to specific notice periods when terminating a lease, depending on the length of the rental period. This ensures that tenants are treated fairly and that both parties have a clear understanding of their obligations regarding the property.

Valid reasons for termination include non-payment of rent, breach of tenancy agreement, and the landlord’s need to occupy or renovate the property. The law prohibits ‘self-help’ evictions and requires landlords to obtain a court order for eviction

To evict a tenant follow these steps to ensure compliance with the law-

1. Issue a Notice to Quit- The Tenancy Law requires a minimum one-month notice period for weekly or monthly tenancies and six months’ notice for yearly tenancies
2. Issue a Seven-Day Owner’s Intention to Recover Possession- If the tenant refuses to vacate the premises after the Notice to Quit expires. This notice informs the tenant that legal action will be taken if they do not vacate within seven days.
3. Obtain a Court Order for Eviction – If the tenant still refuses to leave after the Seven-Day Notice, the landlord must file a case in court. This is an important step as self-help (i.e., forcibly evicting the tenant without a court order) is illegal and can lead to criminal charges.
4. Once a Warrant of Possession is granted by the Court- Court bailiffs, will oversee the eviction to ensure it is conducted legally. The landlord should not attempt to evict the tenant without the presence of a court bailiff.

 

Conclusion

In conclusion understanding Nigeria’s tenancy laws is vital for landlords and tenants. Knowing your rights and responsibilities helps prevent disputes and ensures a smooth rental experience.

Note: The content of this article is anticipated to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstance.

 

Written by Deborah Ogedengbe for Adeola Oyinlade & Co.

Adeola Oyinlade & Co. is a leading full-service law firm in Nigeria providing competent, innovative, cost-effective, and well-timed responsive services. The firm offers a variety of legal services including real estate advisory to a vast range of national and foreign clients.

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