Your rights as a tenant

Many tenants in Nigeria have at one time or the other, had running battles with their landlords for issues that should normally not have degenerated. These issues could have been avoided if many know their rights. So anytime you acquire new accommodation, you must ensure that your rights are protected.

As a tenant in Nigeria, the first step is to know your rights which are backed by the laws of the land.

The rights include:

Right to exclusive possession: As a lawful tenant, the law provides that the place is solely yours for the period of the tenancy and you have exclusive possession which empowers you to use premises to the exclusion of all others, including the landlord himself. That is, the landlord will need your permission to enter the house or apartment, if anyone was to try to enter the premises without your consent, this would amount to trespass.

Right to receipt of payment: You are entitled to be issued with a receipt of payment by your landlord immediately you pay rent on an apartment. 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 landlords who don’t issue it.

Right to quit notice before eviction: as a legal tenant, you are entitled to be given notice before you are evicted from your premises. The notice varies based on the type of tenancy agreement you have

Apart from the notice to quit, all tenants are entitled to receive seven days’ notice to recover possession; this is issued by a landlord only after a validly issued notice to quit has expired.

Right to habitable premises: You are entitled to live in habitable premises and if during the course of your tenancy, the premises becomes inhabitable, you can request that the landlord put the premises in a habitable state, if he/she refuses you are entitled to end the tenancy and demand a refund of your rent.

As a tenant, you are entitled to request from your landlord that you have a written tenancy agreement. Landlords can refuse to issue a tenancy agreement, but if your landlord does not give you one, then you should be very wary.

Be wary of tenancy agreements where your utility bills are shared with others- always try to ensure that all your bills like electricity, water are in your name or linked only to your house/apartment), so you know what you are liable for.

 

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