Being illuminated of your legal rights as a Tenant can help ensure that you are treated fairly and receive the full benefits of a tenancy agreement. In this blog post, we will x-ray the laws that protect Nigerian tenants and demystify how they can help you in your tenancy contract.
The Right to a Written Tenancy Agreement
In Nigeria, it is your right to be given a tenancy agreement. This agreement outlines the terms and conditions of the tenancy, including the rent amount, payment due date, duration of the tenancy, and responsibilities of both the tenant and the landlord. Having a written agreement ensures that both parties understand and agree to the terms of the tenancy. It also provides a legal framework for resolving disputes that may arise during the tenancy. Tenants should read and understand the tenancy agreement before signing it. If there are any clauses or terms that they are unsure about, they should seek legal advice. It is important to ensure that the agreement protects the tenant’s rights and interests.If the landlord does not provide a written tenancy agreement, the tenant should request one. In the absence of a written agreement, it may be difficult to prove the terms of the tenancy if disputes arise.
The Right to Quiet Enjoyment
As a tenant in Nigeria, you have the right to peaceful and quiet enjoyment of your rental property. This means that your landlord cannot disturb your peace or interfere with your use of the property in any way. Noise pollution is a common problem faced by tenants in Nigeria. Your landlord is legally obliged to ensure that the property is free from noise pollution, especially from adjoining properties. If your landlord fails to take steps to prevent noise pollution, you can report the matter to the appropriate authorities.Similarly, your landlord cannot enter your property without your permission or without giving you proper notice. You have the right to privacy and your landlord must respect this right. However, in emergency situations, your landlord may be allowed to enter your property without your permission.It is important to note that the right to quiet enjoyment is not absolute. You must also act responsibly as a tenant and not disturb your neighbors with excessive noise or other disruptive behavior. If your landlord receives complaints from your neighbors about your behavior, they may take action against you.If your landlord violates your right to quiet enjoyment, you can take legal action against them. This could include seeking an injunction to prevent the landlord from continuing their behavior, or seeking compensation for any damages caused. If you believe your landlord is violating this right, you should seek legal advice as soon as possible.
The Right to Basic Amenities
As a tenant in Nigeria, you have the right to basic amenities in your rental unit. These amenities include access to clean and running water, functional electricity, proper sanitation facilities, and good ventilation.Landlords are responsible for providing these basic amenities, and failure to do so can lead to legal action. As a tenant, it’s essential to report any issues with your rental unit’s amenities promptly.It’s also crucial to note that the landlord cannot disconnect your utilities or amenities as a form of punishment or retaliation. If this happens, you have the right to take legal action against your landlord.When moving into a rental unit, it’s essential to inspect the amenities provided before signing the lease agreement. If any of the amenities are not working correctly, ensure that it’s noted down in the lease agreement. This can help protect you in case the landlord tries to blame you for any damages that existed before your move-in date.
The Right to Fair Rent Charges
As a tenant in Nigeria, you have the right to fair and reasonable rent charges. Landlords are not allowed to charge exorbitant fees that are not commensurate with the value of the property or the services provided. According to the Rent Control and Recovery of Premises Law of Lagos State, the rent chargeable must be just and reasonable in relation to the premises being rented.It is also important to note that landlords cannot increase rent arbitrarily. The Rent Control and Recovery of Premises Law provides that landlords can only increase rent once every two years and must give their tenants a written notice at least six months before the expiration of the current tenancy agreement.Furthermore, if a landlord fails to provide basic amenities such as water and electricity, tenants are allowed to withhold rent payments until such amenities are provided. This is in line with the Tenancy Law of Lagos State, which states that landlords are responsible for the maintenance of basic amenities and must ensure that they are provided at all times.In addition to fair rent charges, landlords are required to provide tenants with a receipt for all rent payments made. This is to ensure transparency and accountability, and to avoid disputes over rent payments. As a tenant, it is important to be aware of your rights and to assert them when necessary. If you feel that you are being charged unfair rent or are not receiving basic amenities as required by law, you can take legal action against your landlord. The law is on your side, and it is your right as a tenant to receive fair and reasonable treatment.
The Right to a Refundable Security Deposit
One of the key rights that Nigerian tenants have is the right to a refundable security deposit. This deposit is typically paid at the beginning of a tenancy and is meant to serve as a form of insurance for the landlord against any potential damages or unpaid rent that may occur during the tenancy period.While security deposits are a common requirement for many rental properties, tenants should be aware that they are entitled to a refund of this deposit once they have fulfilled all their obligations as stipulated in the tenancy agreement. This includes ensuring that the rental property is left in the same condition as it was at the start of the tenancy period, minus reasonable wear and tear.It’s important to note that the amount of the security deposit should not be unreasonable or exorbitant, and should not exceed the equivalent of two months’ rent. Furthermore, the deposit should be held in a separate bank account designated solely for the purpose of holding tenant security deposits, and should not be used for any other purpose unless agreed to by both parties in writing.If a landlord fails to refund the security deposit at the end of the tenancy, the tenant has the right to sue for damages. This can be done in a small claims court, and the tenant may be entitled to recover the full amount of the deposit plus any interest that has accrued over the course of the tenancy period.In summary, Nigerian tenants have the right to a refundable security deposit that is reasonable, held in a separate account, and refunded in full at the end of the tenancy period as long as they have fulfilled all their obligations under the tenancy agreement. If this right is not respected by the landlord, tenants have the legal recourse to pursue compensation.
The Right to Legal Eviction Procedures
As a tenant in Nigeria, you have the right to legal eviction procedures. Landlords cannot just kick you out of your home without following the appropriate legal channels. There are specific steps that must be taken before you can be evicted.Firstly, the landlord must serve you with a valid notice of eviction. This notice must specify the reason for the eviction and provide a reasonable timeframe for you to vacate the property. If the notice is not valid, it cannot be used as the basis for eviction. Secondly, the landlord must obtain a court order before you can be forcibly removed from the property. The court will only grant an order for eviction if it is satisfied that the landlord has a valid reason for the eviction and has followed the correct procedures. Common reasons for eviction include non-payment of rent, breach of the tenancy agreement, or illegal use of the property. However, even if the landlord has a valid reason for eviction, they cannot use force to remove you from the property. If they do, they are committing an offense and can be punished under the law.If you are facing eviction, it is essential to seek legal advice. A lawyer can help you understand your rights and can help you challenge any eviction notice that is not valid.In summary, as a tenant in Nigeria, you have the right to legal eviction procedures. Your landlord must follow the correct procedures before you can be evicted, and you have the right to challenge any eviction notice that is not valid. Protect your rights as a tenant by knowing and understanding the laws that apply to you.
The Right to Sue for Damages
Tenants in Nigeria, have the right to sue a landlord for damages in case they breach the terms of your tenancy agreement or fail to provide basic amenities in your rented property. Damages refer to the monetary compensation that you are entitled to for any losses you suffer due to the landlord’s negligence or misconduct. Some common situations that may lead to damages claims include failure to repair faulty electrical systems or plumbing, failure to maintain the building in good condition, or failure to provide essential amenities such as water, electricity, and sanitation. To sue for damages, you need to follow the legal procedures set out by Nigerian laws.
First, you need to issue a notice of claim to your landlord outlining the reasons for the claim, the amount you are seeking, and the deadline for payment. If the landlord fails to respond or does not settle the claim, you can take legal action by filing a lawsuit at a Magistrate or High Court. When seeking damages, it’s essential to gather as much evidence as possible to support your claim. This may include photographs or videos of the damages, receipts for repairs you have made, or expert opinions from professionals such as plumbers, electricians, or engineers.