Introduction

There are a lot of misconceptions out there about renting/ tenancy in Nigeria. In this brief article, we will try to bust those myths and set the record straight!

Here are some common misconceptions:

Myth 1

Landlords cannot evict tenants when there is no written agreement. 

Fact

Are you playing? In fact, entering a house without a written agreement is the worst thing you can do for yourself. This is because it gives the landlord to impose any rules or restriction on you. 

Note: Section 47 of the Tenancy Act of Lagos State provides that a tenancy agreement is “any agreement whether written or oral…” So how do you avoid this? Insist on a tenancy agreement and make sure you are comfortable with the clauses.

Agreements protect both tenants and landlord. 

Myth 2

Landlords can evict tenants by themselves and at any time they want. 

Fact

Nope. Your landlord cannot just wake up at anytime he wants and decide that he is tired of you. The law provides that Landlords must follow due process before ejecting a tenant. 

And yes, even when the tenant’s rent has expired, he has to follow due processes. 

The Due Processes

What are the due processes you ask? Well, he has to give all the relevant notices and then go to court to get a judgment. Again, note that it is not the court sheriffs that gives the order. It must be the Magistrate or Judge. See the case of Akinkugbe v. Ewulum Holdings Nigeria Ltd. & Anor (2008) 12 NWLR (Pt. 1098) 375, where the Court ruled that a landlord who uses self-help to reclaim his rental property violates the law and is liable for damages.

Imagine paying damages for your own house? Just do the right thing by following the steps here. 

Myth 3

Landlords can increase rent anytime they want. 

Fact

Although Landlords can increase periodically, the rent increments cannot be arbitrary. It should be in accordance with the tenancy agreement and applicable laws. That is why you must ensure that you and your landlord agree on how often the rent can be increase, and ensure this is included in the tenancy contract.

In the case of Cobra Ltd & Ors V. Omole Estates & Investment Ltd (2000) LPELR-6809(CA), it was determined that the question of rent between the landlord and tenant is a matter of agreement. The Agreement may be expressed or implied. 

The decision above stems from the fact the relationship between landlord and tenant is contractual. Therefore, because it a contract, neither side can change the terms without the other’s approval.

Note: The Law provides that rent increments should be reasonable and the tenant must be given reasonable notice and then amount cannot be unreasonable. Case in point! Section 37 of the Lagos Tenancy Law provides that landlords cannot increase their rents in excess of 20% of the current rent and without notifying the tenant or giving them reasonable notice. 

Myth 4

A yearly tenant must be given 6 months quit notice even after the rent has expired. 

Fact

By law, if a tenant’s rent has expired, they can be given a 7-days notice of intention to recover the property as they become a tenant at will. In the case of Odutola V. Papersack Nig. Ltd. (2006) 18 NWLR (Pt 1012) 470 SC. The Court held that where a tenant pays rent periodically, he is a yearly tenant and therefore, is entitled to a 6 months’ notice while the rent is still subsisting.

However, once that rent expires, he becomes a tenant at will and such a tenant is no longer entitled to the statutory 6 months’ notice but 7 days.

So, please don’t wait before your rent expires before you pay and if you are found in this situation, try negotiation with your landlord. 

Conclusion

Knowledge, they say, is power! Did you learn anything from this? Kindly let us know and make sure you follow our social media channels for more insights and knowledge Ensure you know your rights and responsibilities to maintain a fair and legal tenancy agreement. 💡✨