Many Nigerians try to run from tenancy, especially those who reside in the same apartment as their landlords. The reason for this mindset is not far-fetched; people have had and heard of many displeasing experiences with trespassing and disturbing landlords alike.

The reason for this apathy is as a result of the ignorance of some Nigerians on the provisions of the law concerning the rights and responsibilities of both tenants and landlords. The fact remains that tenancy in Nigeria, like many other countries, has come to stay, so rather than shy away from tenancy completely, Nigerians need to understand that it is absolutely possible to have peace as a tenant.

We want to have our own homes and boast of our own lands but while we’re working on that, wouldn’t it be profitable to get acquainted with laws that guide tenancy in Nigeria so as to make the most of our time as tenants?

The Tenancy law defines the rights, duties, privileges, powers, and remedies open to both tenants and landlords. Let’s examine some of these rights:

RIGHT TO A WRITTEN AGREEMENT

A Tenancy Agreement is a contract between a Landlord and the Tenant which sets out the rights and obligations of both the Landlord and the Tenant when renting property in Nigeria. 

Every tenant in Nigeria, irrespective of status or location, has the right to an agreement. According to the law, these agreements can either be oral or written. Experts however advise that tenants should opt for written agreements in order to easily deal with altercations.

Unlike the “terms and conditions” on websites where we simply click “I agree”, a tenancy agreement deserves a more thorough study on the part of the tenant before signing the document. Details that should be included in a written agreement include: Tenant name, Landlord’s name, nature of property, location and features of property, rent duration, amount paid, payment date and modalities among others.

RIGHT TO ISSUANCE OF RECEIPT OF PAYMENT

The receipt of payment is an acknowledgment from a Landlord or an Agent that a rent payment has been made by a tenant. A proper receipt of payment must contain the name of the Tenant, the amount paid and the date the payment was made. It must also contain the property paid for, the duration of the payment and signature of the receiver.

In Nigeria, it is an actionable offense to refuse to issue a receipt for rent paid and received. It is your right as a tenant to be issued a receipt upon payment of rent. Where the payment is only a part of a whole, it should also be  receipted and stated.

RIGHT TO PEACEFUL ENJOYMENT OF PROPERTY

After payment has been made for a property, the tenant has been automatically granted the right to peaceful enjoyment of the property. Thus, he determines the entrance, safety and usage of the place and is allowed to sue for trespass against any trespasser even if it happens to be the landlord.

The landlord is however allowed to supervise and maintain the property generally, but with the knowledge of the tenant and within reasonable hours of the day.

RIGHT TO A VALID QUIT NOTICE

It is unlawful for a tenant to be thrown out of his apartment if there is no strict compliance by the landlord with relevant Recovery of Premises Law. Recovery of Premises Law provides that a valid “quit notice” of a landlord’s intention to terminate the tenancy of the tenant must be written more importantly, served to the tenant.

The duration of the Quit Notice varies according to the conditions of your tenancy. For example, a one-year (or above) tenancy will require at least a notice of 6 months. A one-month tenancy will require a minimum notice of one month. A one-week tenancy will require a minimum notice of one week.

RIGHT TO A COMPULSORY (7) SEVEN DAYS NOTICE TO RECOVER PREMISES

As stipulated by the Nigerian law, a tenant is entitled to a compulsory ‘7 Days Notice to Recover Premises’ after a quit notice has been given. This notice comes from the landlord’s lawyer to notify the tenant that the he will proceed to court after 7 days of serving the notice to recover the over- held premises on behalf of the

The 7-day notice comes after the expiration of the initial notice to quit the property. The additional 7 days notice serves to legally protect you as a tenant from being forcefully ejected or humiliated. It also gives you sufficient time to quit the property. It is therefore your right as a tenant to be issued this notice even after the expiration of the first notice.

Irrespective of the area in Nigeria where the property you are renting is located, the law is clear on what a landlord can and cannot do. Tenant rights are also very clear. Experts often advise tenants to involve a real estate lawyer or agent when securing a property. This, above all else, cannot be overemphasized.

Tenant rights are very important and the first step towards protecting your rights as a tenant is to know what those rights are.

Asides the above stipulated tenancy rights, Section 7 of the law states the responsibility of tenants clearly. It states that tenants are to comply with the tenancy agreement which includes paying their rent on time to avoid problems, they are also to behave in the right manner and take consent from the landlord before fixing up any structural damage on any part of the building, subletting and alterations. In cases of violation of these rights, tenants can reach out to firms that deal with the protection of tenancy rights in Nigeria.