Landlord and Tenant Relationship in Nigeria: Rights, Obligations, and Legal Framework
Introduction
The relationship between landlords and tenants is one of the most fundamental aspects of real estate and housing in Nigeria. It is governed by a complex blend of contractual agreements, statutory provisions, and customary practices, depending on the location and nature of the tenancy.
With increasing urbanization, housing demand, and population growth, disputes between landlords and tenants have become more frequent, especially in cities like Lagos, Abuja, Port Harcourt, and Kano. Issues often revolve around rent, eviction, maintenance, agreement enforcement, and legal rights.
This comprehensive guide examines the legal framework, duties, rights, dispute resolution mechanisms, and best practices that define and regulate the landlord-tenant relationship in Nigeria.
1. Legal Framework Governing Landlord and Tenant Relationship in Nigeria
1.1 The Tenancy Law of Lagos State (2011)
This law is a landmark legislation regulating tenancy in Lagos State. It outlines:
Types of tenancy agreements
Rights and obligations
Eviction process
Rent reviews and control
1.2 Recovery of Premises Act (Federal and State Versions)
This Act governs eviction processes and tenancy disputes, especially in areas where specific tenancy laws do not exist. It stipulates:
Service of quit notices
Procedure for possession
Court jurisdiction
1.3 Rent Control and Recovery of Residential Premises Laws
These apply in certain states and aim to protect tenants from arbitrary rent increases and unlawful eviction.
1.4 Contract Law
Where specific tenancy laws do not apply, the Landlord-Tenant relationship is regulated by the terms of the tenancy agreement and general principles of contract law under common law.
2. Who Is a Landlord and Who Is a Tenant?
A Landlord is the legal owner or person entitled to the possession of a property who leases it to another under a tenancy arrangement.
A Tenant is an individual or entity who pays rent for the occupation of premises and has lawful possession under a lease or tenancy agreement.
3. Types of Tenancy in Nigeria
3.1 Periodic Tenancy
Monthly or yearly rent payment
Automatically renews unless terminated
Common among residential tenants
3.2 Fixed-Term Tenancy
Has a definite start and end date
Automatically terminates without need for a notice
Must be renewed by mutual agreement
3.3 Tenancy at Will
Informal and undefined
Terminable at any time by either party
Often used in family arrangements
3.4 Statutory Tenancy
Tenant remains in possession after tenancy expires
Protected by law until lawfully evicted
Cannot be removed except by court order
4. Rights of a Landlord in Nigeria
To receive rent as and when due
To inspect property with reasonable notice
To terminate tenancy upon expiration or breach
To evict lawfully with appropriate notice and court order
To recover damages for property misuse
To include fair terms in tenancy agreements
5. Rights of a Tenant in Nigeria
Right to quiet and peaceful enjoyment of the premises
Right to receive written notice before eviction
Right to challenge illegal rent increases
Right to occupy the premises during the tenancy term
Right to freedom from harassment or interference
Right to demand repairs or habitability standards
6. Obligations of a Landlord
Provide habitable premises fit for living
Conduct major repairs (structural defects, leaking roofs, etc.)
Respect the tenant’s privacy
Issue receipts and documentation for rent
Return the security deposit (if applicable) after deductions
7. Obligations of a Tenant
Pay rent promptly
Keep the premises in good condition
Avoid causing nuisance
Notify landlord before vacating
Make minor repairs (e.g., light bulbs, cleaning)
Abide by all terms in the tenancy agreement
8. Rent and Rent Review in Nigeria
8.1 Rent Control
Some states like Lagos and Abuja regulate rent for low-income housing to prevent exploitation.
8.2 Rent Review Clause
Should be included in tenancy agreements to allow periodic adjustments, subject to notice and fair market value.
8.3 Advance Rent Payment
Tenancy Law of Lagos prohibits demand for more than one year rent for yearly tenants and more than six months for monthly tenants.
9. Tenancy Agreement and Its Importance
9.1 What Should Be in a Tenancy Agreement?
Names and addresses of parties
Property description
Rent amount and payment frequency
Duration of tenancy
Conditions for renewal and termination
Obligations of both parties
Dispute resolution mechanism
9.2 Legal Status
A tenancy agreement is a binding contract, enforceable by courts. Oral tenancy agreements are valid but discouraged due to difficulty in proving terms.
10. Eviction and Recovery of Premises
10.1 Legal Eviction Process
Service of Quit Notice
Notice of Owner’s Intention to Recover Premises
Court Proceedings
Possession Order Issued by Court
Execution of Possession by Sheriffs
10.2 Duration of Quit Notices
Weekly tenant: 7 days
Monthly tenant: 1 month
Yearly tenant: 6 months
Statutory tenant: As ordered by court
10.3 Illegal Eviction
Eviction without a court order is unlawful. The tenant may sue for trespass, harassment, and damages.
11. Dispute Resolution Between Landlords and Tenants
11.1 Mediation and ADR
Encouraged to reduce litigation
Handled by Multi-Door Courthouses or Community Dispute Centers
11.2 Court Litigation
Magistrate Courts (for rent below ₦10 million)
High Courts (for corporate or high-value disputes)
11.3 Remedies for Landlords
Recovery of possession
Rent arrears
Damages for breach
11.4 Remedies for Tenants
Injunction against illegal eviction
Damages for breach of agreement
Compensation for harassment
12. Case Law on Landlord-Tenant Disputes
Ayinke Stores Ltd v. Adebogun (2008) – Unlawful ejection without court order declared null.
Oduye v. Nigeria Airways Ltd (1987) – Importance of written tenancy agreements.
Sosan v. HFP Engineering (2004) – Statutory tenant cannot be evicted without following legal procedure.
13. Commercial Tenancy vs. Residential Tenancy
13.1 Residential Tenancy
Subject to tenancy laws
More protection for tenants
Courts often favor human rights in disputes
13.2 Commercial Tenancy
Governed more by contract terms
More flexible and negotiable
Landlord has broader rights of enforcement
14. Role of Legal Professionals
Draft and review tenancy agreements
Advise on eviction and property rights
Represent clients in court or mediation
Guide through legal documentation and title perfection
15. Landlord-Tenant Relationship in Estates and Gated Communities
Governed by estate regulations
Tenants often subject to community association rules
Maintenance fees, security, waste management, and parking may create friction
16. Best Practices for Landlords
Always use written agreements
Conduct background checks on tenants
Keep detailed records of rent and communication
Respect legal procedures in eviction
Maintain the property in habitable condition
17. Best Practices for Tenants
Read and understand the agreement before signing
Keep records of rent payments
Report repairs and issues promptly
Avoid violating house rules or disturbing neighbors
Respect property and vacate peacefully upon termination
Conclusion
The relationship between landlords and tenants in Nigeria is a vital part of property law and housing policy. While laws provide frameworks for peaceful coexistence, enforcement is often weak due to ignorance, informal tenancies, and inadequate legal advice.
A good landlord-tenant relationship requires mutual respect, transparency, and a clear understanding of rights and obligations. Whether you’re a landlord looking to protect your investment or a tenant safeguarding your home, legal awareness is your strongest ally
Protect Your Property. Secure Your Rights. Resolve Tenancy Issues Legally.
Whether you’re a landlord seeking to safeguard your investment or a tenant fighting for fair treatment, understanding your legal rights and obligations is key to maintaining a peaceful and lawful landlord-tenant relationship.
At Chaman Law Firm, we specialize in:
Drafting and reviewing tenancy agreements
Resolving tenancy disputes professionally
Advising landlords on legal eviction procedures
Protecting tenants from unlawful eviction and harassment
Representing clients in court or alternative dispute resolution
Don’t wait for a dispute to escalate—let us help you handle it legally, wisely, and professionally.
📞Phone: 08065553671, 08096888818
✉ Email: chamanlawfirm@gmail.com
📍 Address: 115, Obafemi Awolowo Way, Allen Junction, Ikeja, Lagos, Nigeria
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