Knowing your rights as a tenant in Nigeria is very important as it would help you against unnecessary disputes and miscommunication. The first step to protecting your rights as a tenant is to know it.
In Nigeria, so many people are ignorant of what the law entails which is what causes most disputes. Some Disputes between landlords and tenants can be avoided if both parties are knowledgeable about the law.
Not knowing the rights as a tenant in Nigeria can leave you at the mercy of landlords and caretakers to do as they will. This article takes you through what you should know and your rights as a tenant in Nigeria.
Right To A Written Agreement
Every tenant in Nigeria has a right to a written agreement although some agreements are oral, it is highly advised that written agreements are used as it comes in handy as references. This is one of the basic rights as a tenant in Nigeria.
Tenancy agreements are supposed to contain in details the names of a landlord and his tenant; as parties to the Tenancy Agreement, the land or house to be rented out in details showing its location and basic features and the duration of the tenancy, the rent payable and the date at which such rent would become payable.
The modalities for reviewing rent price (increment in price) should also be included. It is advisable that at this juncture the prospective tenant seeks the service of a lawyer to help interpret any unclear terms in the tenancy agreement.
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Right To Issuance of Receipt of Payment
Every tenant has the right to be issued a valid receipt of payment after a rent payment is made. This receipt must contain both the names of the landlord and the tenant alongside the amount paid in full and the date of the payment with signature of the receiver.
It is an offense for a landlord to refuse to issue a tenant his or her receipt. It does not matter how friendly or caring a landlord is it is unprofessional to not issue a receipt after rents have been paid.
Right to Peaceful Enjoyment of Property
The tenant has every right to enjoy the property he has paid rent for in peace. As far as the rent is being paid, the tenant determines who goes or stays in his house, the landlord is not allowed to trespass or call strangers into the tenants house. The landlord, however, can 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
This right basically states that for no reason should a tenant be thrown out of his or her apartment by the landlord. According to the Recovery of Premises Law, a valid Quit Notice (Notice to Quit) must be written and served on you before your landlord can terminate your tenancy. The law is very clear on this.
A valid “Quit Notice” must contain the name of the landlord, the name of the tenant, the address of the property occupied by the tenant, the duration given to the tenant included. This brings us back to why it is important for a tenant to read a tenancy agreement thoroughly. This is because some agreements are such that the tenants signs away their rights to quit notice without knowing.
Rights to a Compulsory 7 Days Notice to Recover Premises
Under the Nigerian law, tenants are entitled to a compulsory ‘7 Days Notice to Recover Premises.’ This notice comes from your landlord’s lawyer to notify you that the lawyer will proceed to court after 7 days of serving you this notice, recover the over- held premises on behalf of the landlord. This protection prevents the landlord from evicting an occupant without notifying the tenant.
This 7-day notice comes after the expiration of the initial notice to you to quit the property. The additional 7 days notice serves to legally protect you from being forcefully ejected or humiliated. It also gives you sufficient time to quit the property.
