The Rights of A Tenant In Nigeria In Accordance With The Law.
By Yewande Mary Akanbi Esq.
Mary Akanbi
19th April, 2024
After finding an accommodation of your choice you wish to rent, there are some basic rights as a tenant you need to know before renting a house in Nigeria.
They are as follows: Rights to receipt of payment, Right to exclusive possession, Right to notice to quit before eviction, Right to seven (7) days notice to recover possession, Right to habitable premises, Right to a Tenancy Agreement.
1. Right To Receipt of Payment:
Once you pay your rent, you are entitled to be issued with a receipt of payment by your Landlord. The Receipt should include the amount paid, the location of the property and the duration of the tenancy.
In fact, failure to issue a Receipt of payment is an offence in Lagos under the Lagos Tenancy Law and there is a penalty of N100K for Landlord who fail to issue it.
2. Right To Exclusive Possession:
Once you become a lawful tenant, in the eyes of the law, the place is solely yours for the period of the tenancy, you have something called “Exclusive Possession”.
Exclusive Possession is the right to use premises to the exclusion of all others including the Landlord himself.
What this means is that the Landlord will need your permission to enter the house or apartment. If anyone wants to try to enter the premises without your consent, this would amount to trespass.
3. Right To Notice To Quit Before Eviction:
As a tenant, you are entitled to be given a notice before you are evicted from your premises. The notice varies based on the agreement you have;
A weekly tenants are entitled to a week’s notice.
A monthly tenants are entitled to 2 week’s notice.
A yearly tenants are entitled to 6 month’s notice.
4. Right To Seven (7) Days Notice To Recover Possession:
Apart from the notice to quit, all tenants are entitled to receive a seven (7) days notice to recover possession, this is issued by a Landlord only after a validly issued notice to quit has expired.
This is critical part of the eviction process and therefore if this is not issued, the Landlord cannot bring an action for eviction.
5. Right To Habitable Premises:
As a tenant, you are entitled to live in habitable premises and so if for any reason during the course of your tenancy the premises becomes inhabitable. Example, due to flooding or damage to some essential utilities, you can request that the Landlord put the premises in a habitable state, if the Landlord refuses, you are entitled to end the tenancy and demand a refund of your rent.
6. Right To A Tenancy Agreement:
As a tenant, you are entitled to request from your Landlord that you need to have a Tenancy Agreement.
A Tenancy Agreement is an important document because it basically outlines the terms of your tenancy in the property.
Note: Before signing a Tenancy Agreement, make sure you review the document if need be with a legal expert.