Tenancy Rights & Rental Agreements In Lagos



It's a known fact that most people are not learned in terms of their legal rights as regards to tenancy, this has given some landlords (rent collectors) the onus to sometimes act in a reckless and unlawful way towards their tenants without any fear of percussion.

You can only strive to defend your right only when you yourself already know them.

These Are Some Unlawful Acts Often Perpetrated By Landlords Towards Their Ignorant Tenants:

1. INADEQUATE EVICTION:
Locking out tenants, throwing them or their properties out or assaulting them for their inability to pay rent as at when due. Only the court can order and carry out the eviction of tenants, it's a legal wrong for a landlord or a rent lawyer to in anyway evict a tenant without an adequate court process. A tenant when unable to pay rent as at when due, is still a lawful tenant and must be treated with respect. A tenant who is inadequately evicted due to inability to pay rent ,has a legal right to sue the landlord for damages.

2. INADEQUATE NOTICE TO QUIT:
The duration which the notice to quit will expire is determine by the kind of tenancy relationship/agreement that existed between a tenant and it's landlord. The landlord has no right to quit the tenant anytime he/she likes.

»Where the tenant pays monthly: the law requires that he is entitled to full one month notice.

»Where the tenant pays every six months: he will be entitled to a full three months notice.

»Where the tenant pays yearly: he will be entitled to six months notice. Any notice short of the above stipulated ones is unlawfully given.. The tenant has the right to sue for unlawful eviction.

3. INTERFERENCE IN TENANT'S PRIVACY:
The landlord has no right to walk into the tenant's apartment or make use of any of his property without an express permission from the tenant.
The tenant is by law in exclusive possession and can sue his landlord for trespass if the landlord comes into his apartment without his permission. The landlord has no legal right to decide who visit his tenants unless the visitors constitute a nuisance to other tenants.

4. INHABITABLE CONDITION OF THE PREMISES:
It's an implied term of tenancy agreement that a landlord who is let a building out must ensure that the building is in great condition. Where a tenant after paying rent, discovers that the house is not in a habitable condition, he has a legal right to sue the landlord for refund of rent and adequate compensation for the inconveniences caused. There are many cases where a tenant moves into a house during the dry season, and when raining season comes, the house gets flooded, or the roof leaks or any other unbearable condition.


5. REPAIRS OF PREMISES:
The landlord has no right to compel his tenant to carry out repairs in the premises. It's the duty of the landlord to carry out major (external and structural) repairs like damaged roof , cracked or collapse walls e.t.c . while the tenant carry out minors (interior) repairs like damage doors, window, sockets e.t.c

Note: However this tenancy right is sometimes varied by landlords in the agreement between them and their tenants, Where the tenant ignorantly waves any of his right in a Tenancy Agreement, he/she would be bound by it. This is why you are advise to read and understand the Tenancy Agreement before you attest your signature on it.


Courtesy: Bokima Cyril Homes Ltd (BCHL-Lagos)
Instagram: @bokimacyrilhomesltd
Twitter: @BokimaCyrilHomz

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