RENT, REPAIRS AND RIGHTS: THE ULTIMATE GUIDE FOR NIGERIAN LANDLORDS AND TENANTS.

The relationship between a landlord and a tenant is one of the most common legal arrangements in society. Yet, it's often fraught with misunderstandings that can lead to serious disputes. Whether you're a tenant trying to understand your rights or a landlord seeking to manage your property legally, knowledge is your greatest asset.

This guide breaks down the most critical aspects of the landlord-tenant relationship in Nigeria, with a special focus on the influential Lagos State Tenancy Law of 2011¹, which serves as a model for many other states.

Your Rights as a Tenant in Nigeria 

Being a tenant is more than just paying rent; you are entitled to certain fundamental rights that protect you from exploitation and ensure you live in peace.

1. Right to a Written Agreement: Gone are the days of vague verbal agreements. The law strongly advocates for a written tenancy agreement. This document is your most important shield. It should clearly state the names of the parties, the property details, the rent amount, the duration of the tenancy, and the responsibilities of both the landlord and tenant. A written agreement minimises disputes by setting clear expectations from the start.

2. Right to Quiet Enjoyment: This is one of the most vital tenant rights. It means your landlord cannot interfere with your peaceful possession and use of the property². This right protects you from unreasonable disturbances, such as the landlord showing up unannounced at all hours, changing the locks, or harassing you in any way. They must get your permission before entering the property, except in emergencies.

3. Right to a Valid Notice to Quit: Your landlord cannot wake up one morning and throw you out. The law mandates that a specific period of notice must be given to you before your tenancy can be terminated. For a yearly tenancy, you are entitled to 6 months' notice. For a monthly tenancy, it's 1 month's notice. For a weekly tenancy, you get 1 week's notice³. Any eviction process that doesn't start with this proper notice is invalid.

4. Right to a Receipt of Payment: You have a legal right to be issued a receipt for every rent payment you make⁴. This serves as your proof of payment and is crucial evidence if any dispute about rent arrears arises.

The Legal Way to Evict a Tenant

For landlords, evicting a tenant can be a frustrating process, especially with a defaulting tenant. However, cutting corners or resorting to "self-help" (like throwing out a tenant's belongings or using force) is illegal and can result in the landlord being sued for damages.

The legal process is straightforward and must be followed precisely:

1. Serve a "Notice to Quit": As mentioned above, this is the first and most critical step. It informs the tenant that their tenancy will be terminated at the end of a specific period. The length of this notice is determined by the tenancy agreement or by law.

2. Serve a "Notice of Owner's Intention to Recover Possession": If the tenant fails to vacate the property after the Notice to Quit expires, the landlord's lawyer must serve this second notice. It's often called the "7-Day Notice." It informs the tenant that the landlord will apply to the court to get an order of eviction if they don't move out within seven days⁵.

3. File a Claim in Court: After the 7-Day Notice expires, the landlord can then file a lawsuit for the recovery of possession. The court will hear the case from both sides and, if the landlord's claim is successful, will issue an order for the tenant to vacate. Only a court bailiff, acting on a court order, can legally remove a tenant and their property.

The Million Naira Question: Can My Landlord Increase My Rent? 

This is a common source of conflict. The short answer is: no, a landlord cannot arbitrarily or unreasonably increase rent.

Any rent increase must be guided by the following principles:

1. Rent Review Clause: The tenancy agreement should ideally contain a "rent review clause." This clause specifies when and by how much the rent can be increased (e.g., "rent may be reviewed upwards by 10% upon renewal"). If this clause exists, both parties are bound by it.

2. Reasonableness: In the absence of a clause, or even with one, any increase must be reasonable and reflect the current market value of similar properties in that area. A landlord cannot simply double the rent out of the blue.

3. Proper Notice: A landlord must give the tenant adequate notice before a rent increase takes effect, typically at the point of renewing the tenancy.

If a tenant believes a rent increase is excessive and unreasonable, they can refuse to pay it. The matter can then be negotiated, possibly with the help of an estate surveyor, or taken to court for a final decision. The Lagos Tenancy Law specifically allows the court to intervene in cases of unreasonable rent increases⁶.

Who Fixes What? Repairs and Maintenance Explained

The responsibility for repairs is another area where roles can get blurred. While the tenancy agreement should be the ultimate guide, the law provides a general framework:

1. Landlord's Responsibility (Structural & External Repairs): The landlord is generally responsible for major, external, and structural repairs. These are the things that make the property safe and habitable. This includes:

- Fixing a leaking roof.

- Repairing major plumbing or electrical faults.

- Addressing structural cracks in the walls or foundation.

2. Tenant's Responsibility (Internal & Minor Repairs): The tenant is expected to handle minor, day-to-day maintenance and repairs inside the property. This includes:

- Replacing a broken light bulb.

- Fixing minor damages caused by their own negligence.

- Keeping the property clean and sanitary.

Essentially, the landlord provides a sound structure, and the tenant maintains the interior they live in.

Conclusion

A peaceful landlord-tenant relationship is built on mutual respect and a clear understanding of the law. The tenancy agreement is the foundational document, but knowing your statutory rights and obligations provides an essential layer of protection. By communicating clearly and following legal procedures, both parties can avoid conflict and ensure a fair and beneficial arrangement.

Disclaimer: This article is for informational purposes only and does not constitute legal advice. Please consult with a qualified legal professional for advice on your specific situation.

References

[1] Lagos State Government. (2011). Tenancy Law of Lagos State.

[2] See Section 6 of the Tenancy Law of Lagos State (2011), which provides for the tenant's right to quiet and peaceable enjoyment.

[3] Section 13(1) of the Tenancy Law of Lagos State (2011) outlines the required lengths for a notice to quit based on the period of the tenancy.

[4] Section 5(1) of the Tenancy Law of Lagos State (2011) states, "It shall be the duty of a landlord to issue a receipt for rent paid by a tenant."

[5] The Recovery of Premises Act and similar state laws establish this two-step notice process for eviction. The 7-Day Notice is the final warning before court action.

[6] Section 37(1) of the Tenancy Law of Lagos State (2011) empowers the court to hear applications from tenants regarding unreasonable rent increases.