In Nigeria, landlords and tenants enjoy certain rights and freedoms that are bound by the Landlord and Tenant Rights in Nigerian laws. Rights like quiet enjoyment are to be enjoyed by tenants, whereas rights like rental payments are to be enjoyed by landlords.
In this article, I will give you a complete list of the Landlord and Tenant Rights in Nigeria. Eviction procedure and obligations of landlords and tenants.
Core Rights of Tenants in Nigeria
The landlords and tenants rights in Nigeria are designed to ensure fair treatment and legal protection. Tenants enjoy the following fundamental rights:
1. Right to Quiet Enjoyment
Every tenant has the right to quiet and peaceful enjoyment of the premises without unlawful interference, harassment, or intimidation by the landlord or their agents. This includes freedom from arbitrary entry, threats, or disruption of essential services.
2. Right to Proper Notice Before Eviction
Under the tenant eviction laws Nigeria enforces, landlords must provide tenants with proper written notice before terminating a tenancy. The notice period varies based on the tenancy type:
Weekly tenancy: One week’s notice
Monthly tenancy: One month’s notice
Quarterly tenancy: Three months’ notice
Yearly tenancy: Six months’ notice
After the notice to quit expires, the landlord must serve a seven-day notice of the owner’s intention to recover possession before commencing legal proceedings.
3. Right to Rent Receipts
Landlords must issue written receipts for all rent payments, clearly stating the date, amount paid, period covered, and balance (if any). This protects tenants from disputes about payment history.
4. Right to Habitable Premises
The property must be in a reasonable, safe, and livable condition. While the specific obligations vary depending on the tenancy agreement, landlords generally cannot lease uninhabitable premises.
5. Right to Security Deposit Return
Upon lawful termination of the tenancy, tenants are entitled to a refund of their security or caution deposit, minus deductions for damages beyond normal wear and tear. Landlords must account for any deductions with evidence.
6. Protection Against Excessive Rent Advance
In Lagos State, the Tenancy Law 2011 makes it illegal for landlords to demand or accept more than:
Six months’ rent in advance for monthly tenants
One year’s rent in advance for yearly tenants
This protection helps reduce the financial burden on tenants and makes housing more accessible. Other states may have different provisions, but the Lagos model is increasingly influential.
7. Protection Against Self-Help Eviction
Rental property legal rights Nigeria restrict landlords from forcibly evicting tenants, changing locks, disconnecting utilities (water or electricity), or using any form of harassment to compel a tenant to vacate. Only the court has the authority to order eviction, and any self-help measures expose the landlord to both civil and criminal liability.
LEGAL TIP
Don’t take laws into your hands always seek legal help.
Core Rights of Landlords in Nigeria
While tenants enjoy significant protections, the rental property legal rights Nigeria also protect landlords’ legitimate interests in their property:
1. Right to Receive Rent
Landlords have the legal right to receive rent as agreed in the tenancy agreement. This is the primary consideration for granting possession, and failure to pay rent is a ground for eviction.
2. Right to Recover Possession
Upon lawful termination of the tenancy, landlords have the right to recover possession of their property. This right must be exercised through proper legal channels, following all statutory notice requirements and, if necessary, obtaining a court order.
3. Right to Inspect the Property
Landlords may enter the premises to inspect the property or conduct necessary repairs, provided they give the tenant reasonable notice (typically 24 hours). This right must be exercised reasonably and cannot be used to harass tenants.
4. Right to Enforce Tenancy Terms
Landlords can enforce compliance with the tenancy agreement, including restrictions on property use, subletting prohibitions, and maintenance obligations. Material breaches of tenancy terms can be grounds for termination.
5. Right to Fair Rent Review
Where the tenancy agreement provides for rent review, landlords may adjust rent in accordance with the agreement terms and prevailing market conditions. However, rent increases must comply with statutory provisions and cannot be arbitrary or excessive.
Obligations of Tenants Under Nigerian Law
Understanding tenancy law in Nigeria requires knowing not just your rights but also your responsibilities. Tenants have the following key obligations:
1. Payment of Rent
Tenants must pay rent as agreed in the tenancy agreement, on or before the due date. Persistent default in rent payment is a material breach that can lead to eviction proceedings.
2. Proper Use of Premises
Tenants must use the property for lawful purposes only and in accordance with the tenancy agreement. Using residential property for commercial purposes without permission, or engaging in illegal activities, violates this obligation.
3. Avoid Waste and Damage
Tenants are responsible for keeping the property in good condition, subject to normal wear and tear. Deliberate damage, negligence, or alterations without permission expose the tenant to liability for repairs and possible eviction.
4. Respect for Neighbors and Community
Tenants must not engage in conduct that disturbs other occupants or the neighborhood. Nuisance behavior can be grounds for eviction in addition to potential civil liability.
5. Allow Access for Inspection
Tenants must permit the landlord reasonable access to the property for inspections and necessary repairs, provided proper notice is given.
6. Return Possession Upon Lawful Termination
When the tenancy lawfully terminates, tenants must vacate and return possession of the property in good condition. Refusing to leave after proper notice exposes the tenant to eviction proceedings and potential liability for mesne profits (compensation for unlawful occupation).
Obligations of Landlords Under Nigerian Law
Landlords also have specific legal obligations that must be fulfilled to maintain a lawful tenancy relationship:
1. Grant of Possession
Landlords must give the tenant actual possession of the property as agreed. Failure to deliver possession when the tenancy commences is a fundamental breach.
2. Respect Tenant’s Privacy and Quiet Enjoyment
Landlords must not interfere with the tenant’s peaceful occupation. Harassment, intimidation, unauthorized entry, or cutting off utilities are all violations of this duty and can result in damages, injunctions, and criminal prosecution.
3. Provide Rent Receipts
As mentioned earlier, landlords must issue proper written receipts for all rent payments. This is both a legal requirement and good business practice.
4. Maintain the Property
While specific maintenance obligations depend on the tenancy agreement, landlords generally have a duty to keep the property in habitable condition, especially for residential tenancies. Structural repairs and major systems (plumbing, electrical) typically fall to the landlord unless otherwise agreed.
5. Comply with Statutory Notice Requirements
When terminating a tenancy, landlords must strictly comply with all notice requirements under the tenant eviction laws Nigeria enforces. This includes serving proper notice to quit and, where required, notice of intention to recover possession.
6. Refund Security Deposits
Upon termination of the tenancy, landlords must return security deposits promptly, deducting only for legitimate damages with proper documentation and receipts.
Lawful Eviction Procedure: Tenant Eviction Laws in Nigeria Enforce
One of the most critical aspects of landlord and tenant rights in Nigeria is understanding the lawful eviction process. Many landlord-tenant disputes arise from improper eviction attempts. The law is clear: only the court can order eviction.
- Step 1: Serve Notice to Quit
- Step 2: Wait for Notice Period to Expire
- Step 3: Serve Notice of Owner’s Intention to Recover Possession
- Step 4: File Court Proceedings
- Step 5: Obtain Court Order and Execute
Why Self-Help Eviction is Illegal
Nigerian courts have consistently held that self-help eviction—including changing locks, forcible removal, disconnecting utilities, or using thugs—is illegal regardless of the circumstances. Even if the tenant has defaulted in rent for years, the landlord must follow due process. Violating this principle can result in:
Criminal prosecution for unlawful eviction or assault
The court orders the reinstatement of the tenant and awarding damages
Liability for any property damage or loss suffered by the tenant
Injunctions preventing future unlawful conduct
Rent, Rent Advance Limits, and Rent Disputes
Rent is the cornerstone of the landlord-tenant relationship, and disputes over rent are among the most common issues in tenancy law in Nigeria.
Rent Advance Restrictions
As mentioned earlier, Lagos State law prohibits landlords from demanding or accepting more than six months’ rent for monthly tenants or one year’s rent for yearly tenants. This law aims to:
Reduce the financial burden on tenants seeking accommodation
Make housing more affordable and accessible
Prevent exploitation of tenants’ desperation for housing
Both landlords and tenants who violate this provision can face penalties. While enforcement has been inconsistent, awareness of this law is increasing, and tenants can use it as leverage in negotiations or court proceedings.
Rent Review and Increases
Rent increases must be provided for in the tenancy agreement and cannot be arbitrary. Nigerian courts will assess whether a rent increase is reasonable by considering:
The terms of the tenancy agreement
Market conditions and prevailing rent in the area
The condition and improvements to the property
Whether proper notice was given
Common Rent Disputes
Disputes often arise over alleged rent defaults, whether service charges are included in rent, rent receipt disputes, and disagreements over lawful rent increases. These matters can be resolved through negotiation, mediation, or court proceedings.
Understanding Landlord and Tenant Relationships in Nigeria
A landlord and tenant relationship exists where a property owner grants another person the right to occupy and use land or premises for a defined period in exchange for rent or other consideration.
Legal Framework Governing Landlord and Tenant Rights in Nigeria.
The legal framework for landlord and tenant rights in Nigeria is built on three primary sources:
1. Common Law Principles
Nigerian tenancy law is rooted in English common law, particularly principles relating to leasehold interests, quiet enjoyment, and contractual obligations. These common law principles continue to apply unless specifically modified by statute.
2. State-Specific Legislation
Unlike some areas of Nigerian law that are federally regulated, landlord and tenant matters are primarily governed by state laws. Key legislation includes:
Lagos Tenancy Law 2011: The most comprehensive state tenancy legislation, which regulates rent advance payments, notice periods, eviction procedures, and landlord obligations in Lagos State.
Recovery of Premises Act: Applicable in many states, this federal legislation provides procedures for the recovery of premises and eviction.
State Rent Control Laws: Various states have enacted rent control and tenancy protection laws that may impose additional requirements.
3. Judicial Precedents
Nigerian courts, particularly Magistrate Courts and High Courts, have developed extensive case law interpreting tenancy rights, eviction procedures, and the duties of both landlords and tenants. These judicial decisions provide guidance on how statutory provisions are applied in practice.
Types of Tenancy Recognized Under Nigerian Law
Understanding your tenancy type is crucial because it determines the notice period required for termination and the eviction procedures that apply. Nigerian law recognizes several forms of tenancy:
- Fixed-Term Tenancy
- Periodic Tenancy
- Tenancy at Will
- Statutory Tenancy
Frequently asked questions
The notice period depends on tenancy type: one week for weekly, one month for monthly, three months for quarterly, and six months for yearly tenancies.
Tenants have rights to quiet enjoyment, proper notice before eviction, written rent receipts, habitable premises, security deposit refund, and protection against self-help eviction and excessive rent advance.
Section 42 of the Recovery of Premises Act provides that a landlord seeking to recover premises must first give the tenant notice to quit and then serve a 7-day notice of intention to recover possession before commencing court proceedings.
Landlords must give notice periods ranging from one week (weekly tenancy) to six months (yearly tenancy), followed by an additional 7-day notice of intention to recover possession before filing for eviction.
Conclusion: Balancing Rights Through Legal Awareness
The law on landlord and tenant rights in Nigeria is designed to strike a balance between property ownership and occupancy protection. Neither party is above the law, and both must operate within clearly defined legal boundaries.
Are you a landlord or a tenant, dealing with tenancy issues?
Chaman Law Firm is a firm you can seek legal advice from. We are specialists in real estate and property law.
