In Nigerian landlord and tenant relationship is governed by the Law and such Law is mostly state-based. Each state and the FCT has its own Rent Control, Tenancy, Recovery of Premises laws. Always check the law that applies to the State where the property is located.

In recovery of premises Law, a landlord cannot lawfully evict a tenant by self-help either by changing locks, removing belongings, physical intimidation etc. Eviction must follow the statutory notice and court process. Most of the State Laws set mandatory notice periods to either weekly, monthly, yearly depending on the type of tenancy.

Before letting in a tenant, there should be a Tenancy Agreement which can be written or oral. It is always advisable to have a written agreement that will state the parties, rent, payment dates, repair responsibilities, assignment or subletting rules, termination procedure, and dispute resolution etc.

The covenants in the agreement must be explicit and devoid of ambiguity because oral or ambiguous agreements can cause disputes about termination and notice periods and are harder to enforce in tribunal or court.

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Eviction notices and statutory notices

There are two distinct steps a landlord must take before a tenant can be evicted. It is through giving of notices. These notices can only be given to a tenant who is not owing arrears of rent.

1. Notice to Quit or Notice to terminate the tenancy. The period of this notice depends on tenancy type e.g., 7 days for weekly, 1 month for monthly, 6 months for yearly tenants.
2. Statutory “owner’s intention to recover possession” notice. This notice is mandatory for tenants whose rent has since expired. After theses notices, the landlord can then apply to get the prescribed statutory form and then court/tribunal application if tenant refuses. If tenant holds over after the expiration of the notice, the landlord can go ahead to obtain possession order from the competent tribunal or court.

The above are the statutory notices required by law to be given to a tenant. If such tenant still refuses to quit the premises, the landlord can take further steps below;

1. File an application in the competent rent tribunal or court: (a) order for possession, (b) arrears of rent and (c) damages/costs if applicable. Provide evidence of tenancy, payments, demand letters and notices served.
2. Obtain a possession order; if the tenant still resists, apply for a warrant of possession or court enforcement. Note that if the landlord accepts rent after the lease expired, courts may find the tenancy renewed or converted. Accepting rent can complicate tenancy cases. If judgment for possession is obtained but tenant refuses to leave, seek enforcement (warrant or eviction by court officials). Never use self-help!

The rights of a Tenant.

As much as the landlord has a right over his premises, the tenant has his or her own rights which the court must protect. In landlord and tenant cases, the law tilt more on the side of the tenant. As a tenant when served with a quit notice from your landlord what do you do? Below are some of the actions the Law expects you to take

1. Tenant will check if landlord used the exact statutory notice and period. Defective notice can defeat recovery.
2. Tenants may have offset claims (Counterclaims) for landlord’s failure to repair. Some laws permit reimbursement if tenant made repairs with landlord’s consent.

• If landlord engaged in self-help, the tenant can sue for illegal eviction, recover damages, and get prompt interim relief.

It is of interest to note that many States run rent tribunals and such are created under State Rent Control and Recovery of Premises laws. Rent Tribunal is a special court that handles only landlord/tenant related cases. Their processes are quicker and specialized. More complex possession claims or large monetary claims may go to High Court.

Remedies available to Landlord and Tenant
For landlords, the remedies available to them are; possession order, arrears of rent, mesne profits (compensation for unauthorized occupation), damages, and costs.
For the tenants faced with illegal eviction the remedies available are; injunctions, damages, and criminal remedies where the landlord’s conduct breaches statutes.

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Note: the tenant is expected to pay every arrear of rent he owes the landlord. Do not be deceived by the belief that once a case goes to court, the tenant will not pay rent again till the case is over.

In conclusion, landlord and tenant cases is a very dicey matter that any little mistake can affect the whole case. Get legal advice, a lawyer will ensure you use the exact statutory notice forms and filing route. As a landlord, if notices are uncertain, tenant refuses to vacate after notice, avoid the temptation of using self-help because it may backfire on you.

For further enquiries

Email: info@verazadvocates.com.ng

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