Contrary to people’s beliefs, Nigeria has grown into a Nation with enacted laws and acts that have been put in place to protect its citizens. Nigerians believe that the country is a lawless one but the true issue is that people are not quite familiar with these laws that have been put in place to protect them and make living in Nigeria quite easy. One of such laws is the Tenancy law.
Getting an apartment for rent can be very stressful. From finding the right one that suits your preferences, to ensuring that you don’t get scammed by an agent and in some cases by a landlord. What is worse, is getting an apartment where you are either bullied by your landlord or made to live in a home built with substandard materials. Here are some things you need to know about the tenancy law in Nigeria to help you battle “wicked” landlords and make better decisions as a tenant.
In 2011, the Lagos state house of assembly enacted tenancy laws to regulate rights and obligations under tenancy agreements and their relationship between the landlord and the tenant, including the procedure for recovering premises and for connected purposes. The law applies to;
- Residential premises owned or operated by an educational institution for its staff and student
- Residential premises provided for emergency shelter
- Residential premises in a care or hospice facility, in a public or private hospital or a mental health facility
- Residential premises that are made available in the course of providing rehabilitative or therapeutic treatment.
This tenancy law is made up of 48 sections which provide in detail the responsibilities of a landlord and rights of a tenant. The sections include;
- Applications of the law
- Jurisdiction of the courts
- Tenancy agreement
- Advance rent
- Rent payment receipt
- Rights of a tenant
- Obligations of the tenant
- Obligations of the landlord
- Obligations of the landlord regarding business premises
- Service charge, facility, and security deposits
- Payment of professional fees
- Provision for re-entry
- Length of notice
- Notice of licenses
- Notice required for abandoned premises
- Tenant refusing or neglecting to give up possession
- Service of notice
- Service of notice for residential premises
- Service of notice for business premises
- Duty to notify other persons in occupation
- Persons in unlawful possession
- Service of process
- Use of forms
- Institutions of proceedings to recover possession
- Grounds for possession
- Recovery of premises for a fixed term
- Trial
- Payment of arrears rent
- Court as receiver of refused rent
- Arbitration
- The landlord may claim for mense profits or for use and occupation premises
- Mediation
- Claims against persons in unlawful possession
- Defense supported by written depositions
- Service on persons in unlawful occupation
- Defendant not defending a claim
- Unreasonable increase of rent
- Application to set aside or vary judgment of the court
- Warrant of possession may be used and issued at anytime
- Form and purpose of warrant of possession
- Duration of warrant
- Warrant of possession justifies entry on-premises
- Enforcement of order of a court
- Offenses and penalties
- Appeals
- Regulations and procedures
- Interpretation
- Repeal
In Nigeria, tenancy laws vary in different states but the laws were all enacted for the same purpose; to explain the rights of a landlord and a tenant and also allow both parties to seek the law if there is ever a dispute arising from a tenancy agreement or if both parties are dissatisfied.
