RIGTHS AND DUTIES OF TENANT/LANDLORD

If I am asked one of the most technical areas in law, I will say it is tenancy/recovery of premises. The procedure for recovery of premises by landlord from tenants is technical and requires strict compliance with the provision of the law which requires the service of a lawyer so as not to run fowl of the provision of law.

A lot of landlord will say to a defaulting tenant ,did you give me money to build my house, I will eject you whenever I want, in fact the usual practice before now is that landlords will hire touts to break the defaulting tenants door and pack out his belongings. Where this is done the tenant is going to have an upper hand against the landlord despite owing rent in arrears because this is unacceptable in law and damages will be awarded in favor of the tenant where he claim to have lost valuables in the process of forceful ejection.

We shall be discussing the step by step to possession taking; we shall be using Lagos state as a case study for the purpose of this discussion.

Where there is no stipulation as to the notice to be given by either parties (landlord and tenants) to determine the tenancy, the following shall apply.

(i)                  A week notice to a tenant at will

(ii)                One month notice for a monthly tenant

(iii)               Three months notice for a quarterly tenant

(iv)              Three months notice for a half-yearly tenants

(v)                Six months notice for a yearly tenant

On given either of this notices you are expected as a tenant to give up possession of premises and where the tenant refused to give up possession the landlord can then serve the tenant a written notice of his intention to recover premises on a date less than seven(7)days from the date of the notice. This can be served on the tenant in person, delivery to any adult residing at the premises, affixing the notice on a prominent part of the premises to be recovered and providing corroborative proof of service i.e. taking picture after affixing the notice.

GROUNDS FOR POSSESSION

The court will make order for possession on proof of the following except expressly agreed otherwise by the parties while entering into agreement.

(i)                  Arrears of rent

(ii)                Breach of any agreement i.e where there’s an agreement that the property is to be used for residential purposes and it is used for commercial

(iii)               Where the property is to be used by landlord for personal use

(iv)              Where premises require substantial repair.

RIGHTS OF THE PARTIES

The tenant is entitled to quiet and peaceful enjoyment of the premises which includes privacy, freedom from unreasonable disturbance, and exclusive possession of premises subject to the landlord’s restricted rights of inspection and use of common areas for reasonable and lawful purposes.

It is worthy to note that it shall be unlawful for a landlord or his agent to demand or receive from a would-be tenant rent in excess of one year in respect of any premises .it is also important that the role of a lawyer is important in all property transaction both the tenants and landlord require their service to help review the terms in the agreement before entering it.

It is not enough to say I do not need a lawyer my landlord is a pastor or an Imam or better still he’s my church member he will not do anything funny, know that most cases that ends in courts the parties most times does not envisage litigation.

Thank you.