Do you know that as a tenant you have certain rights? The first step towards protecting your rights as a tenant is to know what those rights are. Without proper knowledge of these rights, you’ll be at the mercy of landlords and caretakers in Nigeria. Before we talk about these rights, let us start by establishing who a tenant is within the confines of the law as well as the real estate space. A tenant is any person occupying a land or property rented from a landlord and is subject to the payment of rent or some other consideration as may be determined by the parties. With this established, let’s examine tenant rights and what they mean to you as a tenant in Nigeria.
1. Right to Issuance of Receipt of Payment
The receipt of payment is an acknowledgment or proof from a landlord (or his agent) that he has received rent from a tenant. A receipt must contain the name of the landlord and the tenant, the amount paid and the date of such payment, the property for which such payment is made, the duration that such payment will cover and the signature of the receiver must also be on the receipt. A receipt of payment is an essential part of a tenancy because;
- In a situation where there is no agreement, it helps the court calculate the precise time frame for a valid quit notice.
- It is needed to counter and clear allegations of your refusal or inability to adhere to timely payment of rent.
It’s an offense for your landlord to refuse to issue a receipt of payment to you because It’s your right as a tenant to be issued a receipt upon payment of rent. Even in a situation where you are making a part payment, it should be receipted and same stated. Where there is no printed receipt, a written agreement endorsed by the landlord before a witness that he has received rent from his tenant will suffice. Regardless of how familiar, friendly, corporative, and caring your landlord is, always insist for receipt of your paid rents to avoid issues in the future.
2. Right To Occupy and Enjoy Rented Property in Peace
At the point where you pay your rent and are issued a receipt, you earn the legal right to occupy and enjoy the rented property in peace. You determine the entrance, usage, safety and can even sue for trespass against any trespasser; strangers, landlord, and his agents. Although The landlord, can supervise and maintain the property generally, this has to be done with your knowledge and within reasonable hours of the day.
The landlord temporarily is no longer in control of the property once he has rented the property out to you, until the expiration of your tenancy. Your landlord can only infringe on your right when you are ignorant of such rights. In a situation where your landlord abuses this right, don’t hesitate to inform your lawyer or the police.
3. Right to a Valid Quit Notice Before Eviction
As a tenant, it is against the law for your landlord to throw you or your valuables out of his/her property without a valid notice to quit the property unless there is strict compliance with the Recovery of Premises Law. According to this Law, a valid ”Notice to Quit” must be written and served on you before your landlord can terminate your tenancy. The amount of notice given to the tenant, whether weekly, monthly or yearly, depends on his rent. It is therefore advised that you go through your tenancy agreement thoroughly, or with a lawyer, before you append your signature on it, so you don’t end up signing away your rights for a ‘quit notice’. Remember, ignorance is not an excuse in law.
A valid “quit notice” would contain the name of the landlord, the name of the tenant, the address of the property occupied by the tenant, the date the notice will commence and the date it will end.
4. Right to Written Agreement
As a tenant, no matter your status or location in Nigeria, you have the right to an agreement. Agreements can either be oral or written. However, expert advice that agreements between both parties are written, because a written agreement removes all elements of doubt and confusion around the intention of the parties involved. What is written can also always be presented as a reference.
A tenant is expected to go through the agreements thoroughly before signing, this will aid both parties to outline their terms and conditions. Tenancy agreements should contain in details your name as well as the name of the landlord; as parties to the tenancy agreement. The land or house that is being rented out should be described in details; showing its location and basic features. The duration of the tenancy, the amount of money that is being paid and the date payment were made. The modalities for reviewing rent price (increment in price) should be included. Never jump into signing any agreement, without seeking the service of a solicitor to break down any unclear terms in the tenancy agreement.
