As a tenant in Nigeria, it is essential to be aware of your rights and responsibilities as outlined in the law. From understanding your rights to privacy and quiet enjoyment of your rental property to fulfilling your financial obligations and maintaining the property to a certain standard, there are many important considerations to keep in mind.
In this guide, we’ll explore all the key rights and responsibilities you should be aware of as a tenant in Nigeria. We’ll cover topics such as:
- Your rights as a tenant, including your right to privacy, quiet enjoyment of your rental property, and protection from unlawful eviction
- Your financial obligations as a tenant, including paying rent on time and in full, as well as any additional fees or charges
- Your responsibilities regarding maintaining the property, including keeping the property clean and in good repair and following any rules or regulations set by your landlord
- Your rights and responsibilities when it comes to making changes or alterations to the property
- The role of the landlord and what they are responsible for, including maintaining the property in a safe and habitable condition and providing necessary repairs and maintenance
By the end of this guide, you should understand your rights and responsibilities as a tenant in Nigeria and be well-equipped to navigate the rental process confidently. So let’s get started!
What are your Rights as a tenant in a Rental Unit?
In a landlord/tenant relationship, the landlord cannot act without consideration for their tenant just because they own the property. In fact, the landlord must follow the terms of the lease agreement and landlord-tenant law.
Both the landlord and tenant have legal protections under these laws. It is important for both parties to be aware of their rights and responsibilities within the context of these laws, as conflicts between landlords and tenants are common.
The Lagos Tenancy Law 2011 grants the following rights to tenants:
1. Quiet and Peaceable Enjoyment
As long as they fulfill their legal responsibilities, the tenant has the right to use and occupy the rental unit without interference peacefully. The landlord has the right to maintain and supervise the property with the tenant’s consent.
This right to peaceful enjoyment includes the following:
- Right to private living;
- Freedom from unreasonable disturbance;
- Exclusive possession of the rental unit while providing access to the landlord for inspection;
- Putting the premises to reasonable and lawful usage.
2. Right to be Compensated for Effective Improvements
As a tenant, you have the right to seek compensation for any improvements you have made to the rental property with the prior written consent of your landlord when you move out.
Obtaining written permission from your landlord before making any improvements to the rental unit is important. This will protect your right to seek compensation for these improvements when you vacate the premises.
It is also important to keep documentation of the improvements and the consent obtained from the landlord, as this may be necessary to support your compensation claim.
3. Right to a Valid Quit Notice
Some landlords may try to evict tenants without following proper legal procedures. However, it is important to remember that a landlord must follow the appropriate legal process before evicting a tenant.
This typically involves issuing a valid notice to quit to the tenant. As a tenant, it is important to know how much notice your landlord must give you before you vacate the rental unit. The length of notice required will depend on the type of tenancy agreement in place.
For different types of tenancy agreements, the following are the notice periods:
- Monthly tenant: 1 month’s notice to quit
- Quarterly tenant: 3 months’ notice to quit
- Half-yearly tenant: 3 months’ notice to quit
- Yearly tenant: 6 months’ notice to quit
4.Right to a Valid 7 Days Notice of the Owner’s Intention to Recover Premises
As a tenant, you have the right to receive a valid 7-day notice from your landlord regarding their intention to reclaim the rental property. This notice must be given after the expiration of any valid notice to vacate that has been issued to you.
It is the responsibility of the landlord to provide all lawful tenants with this notice before attempting to reclaim the rental property. It is important for tenants to be aware of this right, as it allows them to prepare for the possibility of eviction and to seek legal assistance if necessary.
Do note that there’s a difference between a valid quit notice and an intention to recover a premise. A valid quit notice is a notification to a tenant that their tenancy has ended and they must vacate the premises.
On the other hand, an intention to recover a premise is given after the duration of the quit notice has ended, and the landlord desires to take possession of the premises. The tenant can either willingly surrender the premises to the landlord, or the landlord can go to court to try to recover the premises if the tenant refuses to leave.
5. Right to a Receipt of Payment of Rent
As a tenant, if you have fulfilled your obligation to pay rent by making timely payments, you have the right to receive a valid receipt from your landlord for each payment you make.
This receipt should include all the necessary information required for a receipt, such as the date of payment, the amount paid, and the names of the tenant and landlord.
It is important for tenants to request and keep receipts for their rental payments, as these can serve as proof of payment in case of any disputes or misunderstandings.
Receipts can also be helpful for tax purposes and keeping track of your financial records. It is the responsibility of the landlord to provide receipts to their tenants upon request.
Your Obligations as a Tenant
It is important to remember that rights and obligations go hand in hand. In this context, the Lagos Tenancy Law outlines the following obligations for tenants in a rental unit:
1. Rent Payment
As a tenant, you must pay rent promptly and in the manner agreed upon by both parties. This is typically outlined in the lease agreement.
The Lagos Tenancy Law prohibits landlords from demanding more than 6 months’ rent from a monthly tenant or more than a year’s rent from a yearly tenant. If a landlord violates this law, they may face a fine of 100,000 naira or imprisonment for 3 months.
However, suppose you continue to occupy the rental property after the tenancy agreement has expired without your landlord’s consent. In that case, the landlord is entitled to seek any rent arrears for the period during which you remained on the premises.
2. Payment of All Existing Charges and Future Rates
As a tenant, it is your responsibility to pay any existing charges and future rates that are not required to be paid by the landlord by law. These charges and rates are typically outlined in the tenancy agreement, which specifies which party is responsible for paying them.
Suppose there is no agreement between you and your landlord regarding the payment of certain charges and rates. In that case, it is the legal responsibility of the tenant to pay them within a reasonable amount of time.
3. Grant Access to the Landlord or His Agents
As a tenant, you are required by law to grant your landlord, agent, or property manager access to the rental property after they have given you written notice. This may be necessary for major repairs, routine inspections, or to assess the property’s condition.
You should not refuse access in these situations and should grant it during reasonable hours.
4. Keeping the Premises in Good and Tenable Condition
Tenants are required to keep the rental property clean and in wearable condition. As a tenant in rental premises, you should watch out for safety and health hazards and make reasonable efforts to avoid unreasonable damages to the property.
This duty, however, excludes reasonable wear and tear. You are required to keep the property fit for habitation continuously. The reasonable cost of maintenance and cleaning expenses are to be borne by the tenant.
5. Not to Make Any Alterations to the Property Without the Consent of the Landlord
If you wish to make alterations or additions to the rental property, it is necessary to obtain your landlord’s written consent before proceeding. This is because the landlord has the ultimate authority over the property, and they must approve any changes to it.
It is important to remember that verbal consent is insufficient in this case and that written consent must be obtained to protect your rights as a tenant. Keeping a copy of the written consent for your records is also a good idea.
6. Actual Notice of Substantial Damages
As a tenant, you are responsible for promptly informing your landlord of any structural or substantial damages to the rental property and any adjoining units you are using. This includes giving your landlord access to the property to assess the damages and carry out necessary repairs.
If you fail to notify your landlord of these damages promptly or do not notify them at all, you may be required to bear the actual cost of the repairs. This is to ensure that the rental property is continuously kept in a livable condition.
7. Duty Not to Sublet
As a tenant, you are not allowed to sublet, assign, or transfer any part of the rental property without the landlord’s written consent. While you have the right to peaceful possession of the property, there may be special terms in the lease agreement prohibiting subletting to protect the landlord’s interests.
In addition, certain provisions in the tenancy law outline the duties of the tenant, such as user covenants, which ensure that the tenant uses the property legally and in accordance with the terms of the tenancy agreement.
8. Duty to Hand Over the Demised Premise in a Tenable Condition
As a tenant, you are not allowed to sublet, assign, or transfer any part of the rental property without the landlord’s written consent. While you have the right to peaceful possession of the property, there may be special terms in the lease agreement prohibiting subletting to protect the landlord’s interests.
In addition, certain provisions in the tenancy law outline the duties of the tenant, such as user covenants, which ensure that the tenant uses the property legally and in accordance with the terms of the tenancy agreement.
What Happens if You Refuse to Perform Your Obligations as a Tenant?
Laws governing landlord-tenant relationships are in place to protect the rights and obligations of both parties. These relationships are regulated by the terms of the tenancy agreement, which outline the specific responsibilities of the landlord and tenant.
Suppose a tenant breaches their legal obligations under the lease agreement, such as failing to pay rent. In that case, the landlord may be able to terminate the agreement after providing proper notice and allowing the tenant reasonable time to remedy the breach.
Most tenancy agreements also include special terms, such as the payment of a security deposit, to protect the landlord’s interests and cover potential costs incurred by the tenant.
A security deposit is a sum of money paid by the tenant at the beginning of the tenancy and returned to them at the end, minus any deductions for damages or unpaid rent.
If the security deposit is insufficient to cover damages or unpaid rent, the landlord may seek to recover the outstanding amount through legal action.
In addition, a landlord may terminate the lease if a tenant sublets or transfers any part of the rental property without their consent or if the tenant deprives the landlord of possessing any part of the property.
The Lagos Tenancy Law also requires tenants who deprive landlords of possession to pay reasonable compensation.
Legal Responsibilities of the Landlord
While it is important to let you know your rights and obligations as a tenant, your landlord is not without his own legal obligations.
The obligations of the landlord are as follows:
- Duty to ensure the quiet and peaceful enjoyment of the rental property
- Duty to keep the premises in a clean and habitable state
- Duty to pay all charges and rates stipulated by law to be paid by the landlord
- Duty to keep the premises insured against loss or damage
- Duty not to prevent the tenant access to his personal property
- Duty to provide the tenant with all necessary information as regards the state of the premises before entering into a lease agreement
- Duty to keep to the terms as outlined in the lease agreement.
The landlord is also required by law to pay back the tenant for any major repairs carried out on behalf of and with the landlord’s consent.
Conclusion
It is essential for both parties in a landlord-tenant relationship to have a clear understanding of their rights and responsibilities as outlined in the lease agreement. This can help to ensure a harmonious relationship and facilitate the resolution of any disputes that may arise.
As a tenant, you should make an effort to fulfill your obligations under the lease agreement to avoid any material breaches. If a breach does occur, the landlord is generally required to give you reasonable time to remedy the situation before taking any action to terminate the lease.
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