Introduction
As a landlord in Lagos State, there’s no doubt that renting out property can come with its fair share of challenges. Among the most frustrating experiences is dealing with bad tenants—those who refuse to pay rent, refuse to vacate the property when asked, or even those who go as far as disrespecting the landlord. While it’s tempting to take matters into your own hands, it’s essential to understand that self-help could lead to severe legal consequences, including criminal charges.
In Lagos State, the relationship between landlords and tenants is governed by the Lagos State Tenancy Law 2011. This law provides protection for both parties and establishes a legal framework to resolve disputes. If you’re a landlord struggling with a bad tenant, here’s what you need to know about how to handle the situation legally and efficiently.
Common Issues Faced by Landlords with Bad Tenants
1. Refusal to Pay Rent: This is perhaps the most common issue landlords face. A tenant who consistently fails to pay rent can put you in a difficult financial situation, especially if you rely on the rental income to cover property maintenance or mortgage payments.
2. Refusal to Vacate: Some tenants simply refuse to leave even after their lease has expired or after being issued a notice to quit. This is particularly frustrating when a new tenant is waiting to move in, or you need the property for personal use.
3. Disrespectful Behavior: Imagine a scenario where the tenant not only refuses to pay but also insults the landlord, threatening them, and daring the landlord to “do their worst.” Such conduct can make living on or managing the property unbearable.
4. Engaging in Illegal Activities: In some unfortunate cases, tenants might use the rented property for illegal activities, adding another layer of stress to an already difficult situation.Scenario 1: Landlord Resorting to Self-Help
Let’s consider a scenario where a landlord, out of frustration, decides to lock the tenant out of the property or throw their belongings out into the street. This is known as “self-help.” While it might feel justified, self-help is illegal in Lagos State. The law is clear on this: a landlord cannot forcibly evict a tenant without following due legal process.
In a worst-case scenario, the tenant could take the landlord to court, claim damages, or even have the landlord arrested for illegal eviction. There are documented cases where landlords were locked up at police stations by tenants who accused them of harassment and unlawful eviction attempts.
The Lesson: No matter how difficult the tenant may be, always avoid resorting to self-help. The consequences can be severe.
Scenario 2: Tenant Using Police to Harass Landlord
It’s not uncommon for bad tenants to exploit the legal system to frustrate the landlord. Imagine a tenant who has stopped paying rent for months, but instead of leaving, they lock the landlord in a legal battle or use the police to claim harassment. For landlords, this can be a stressful experience, leading some to feel helpless.
However, it’s important to remember that the law is on your side if you follow the right legal processes. As a landlord, engaging in any actions that could be perceived as harassment—such as cutting off electricity or water, or blocking access to the property—could lead to criminal charges.
Legal Steps to Handle a Bad Tenant in Lagos State
1. Issue a Notice to Quit: The first step in evicting a tenant who is refusing to pay rent or vacate the property is to serve them with a Notice to Quit. Under the Lagos State Tenancy Law, this notice must follow a specific format and give the tenant a reasonable period to vacate the premises (usually between 7 days to 6 months, depending on the length of tenancy).
2. Serve a Notice of Owner’s Intention to Recover Possession: If the tenant fails to vacate after the notice to quit, the next step is to serve a Notice of Owner’s Intention to Recover Possession. This informs the tenant that you intend to take legal action if they do not leave the premises.
3. File for Recovery of Premises: If the tenant still refuses to vacate, you can file a case in the Magistrate Court for Recovery of Premises. The court will hear both sides of the story and determine whether the tenant should be evicted. This legal process might seem slow, but it is the safest and most effective way to resolve the issue.
4. Engage a Property Lawyer: At this point, it is crucial to engage a lawyer who specializes in landlord-tenant disputes. A competent property lawyer will guide you through the legal process and ensure that your rights as a landlord are protected. They will also help you avoid common pitfalls, such as illegal eviction claims.Scenario 3: The Power of Engaging a Lawyer
Consider a case where a landlord engaged a lawyer early in the process. The tenant had refused to pay rent for six months and dared the landlord to take any action. Instead of resorting to self-help, the landlord followed the legal route, served the proper notices, and engaged a lawyer to file for eviction. The court ruled in the landlord’s favor, and the tenant was evicted peacefully.
The Lesson: Engaging a lawyer ensures that you follow the legal process and avoid any criminal or civil liabilities. It also helps resolve the matter more efficiently, as tenants are more likely to comply when they realize the landlord is taking the legal route.
What the Lagos State Tenancy Law Says
The Lagos State Tenancy Law 2011 governs the relationship between landlords and tenants in the state. Here are some key provisions of the law relevant to dealing with a bad tenant:
• Section 13 of the law outlines the process for issuing notices and recovering possession of the property. It mandates that the proper notice must be served before a landlord can recover possession.
• Section 15 warns against unlawful eviction, stating that any landlord who evicts a tenant without following due process is guilty of an offense.
• Section 16 provides that tenants who engage in illegal activities on the premises or who act in ways that endanger the property or other tenants may also be evicted, but again, only through the court process.Encouragement to Landlords
As a landlord, it’s easy to feel powerless when dealing with a bad tenant. However, it’s essential to remember that the law provides avenues for you to reclaim your property and your peace of mind. While the process might seem tedious, engaging a competent property lawyer will make all the difference. Following the law not only protects you but also ensures that your rights as a landlord are respected.
Final Thoughts
Dealing with a bad tenant in Lagos State can be frustrating, but it’s crucial to remain calm and follow the legal process. Avoid the temptation of resorting to self-help, as this could backfire and land you in legal trouble. By issuing the correct notices, following up through the courts, and engaging a property lawyer, you can successfully evict a bad tenant and regain control of your property.
Always remember: while tenants have rights, so do landlords. The Lagos State Tenancy Law protects both parties, and with the right legal approach, you can overcome the challenge of a bad tenant.
If you’re facing issues with a tenant, consult with a property lawyer today. Don’t wait until the situation escalates—take action now to protect your property and your rights.
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