Understanding the duties of landlords and tenants is essential for anyone participating in Nigeria’s real estate market. Precise knowledge of tenancy laws, landlord responsibilities, tenant obligations in Nigeria, eviction rights, and security deposit rules helps investors protect their assets and maintain compliant, profitable rental portfolios. This guide provides an accessible and legally accurate overview of these rights and duties, designed especially for property investors.
Why Understanding Tenancy Obligations Matters
Nigeria’s rental market is expanding rapidly, and both landlords and tenants must understand their legal responsibilities to avoid costly disputes. For property investors, understanding the duties of landlords and tenants helps draft better agreements, manage tenants effectively, and ensure compliance with tenancy laws across different states.
This article explains these rights and obligations in simple terms with practical examples to support real estate decision-making.
Rights of Landlords in Nigeria
Landlords have several rights under Nigerian law to protect their properties and ensure tenants use the premises appropriately.
- Right to Receive Rent
Landlords are entitled to receive rent in line with the tenancy agreement. For investors, this emphasises the importance of choosing financially reliable tenants and maintaining proper documentation. - Right to Terminate a Tenancy
A landlord can terminate a tenancy by issuing the proper notice required under the agreement or state law. Nigerian courts uphold this right, provided due procedure is followed. - Right to Recover Possession
When a tenancy expires or the tenant breaches the agreement, landlords may legally recover possession. However, eviction must follow due process; forceful or unlawful eviction measures are prohibited. - Right to Sue for Breach
Landlords may take legal action if a tenant defaults on rent, damages the property, or uses the premises illegally. - Right to Ensure Proper Use of the Property
Landlords may prevent illegal activities, nuisance, or misuse of the premises to protect the value and reputation of their property.
Duties of Landlords in Nigeria
The duties of landlords and tenants ensure a fair, balanced relationship. Landlords must fulfil certain obligations to remain compliant with tenancy laws.
- Maintaining the Property
Landlords must ensure the property is safe, habitable, and in good condition. This includes structural repairs, plumbing, roofing, and essential utilities. - Respecting Tenant Privacy
Tenants have the right to quiet enjoyment. Except during emergencies, landlords must seek consent before entering the premises. - Issuing Rent Receipts
Rent receipts create transparency and serve as crucial evidence in the event of a dispute. - Complying with State Tenancy Laws
Tenancy regulations vary by state. For example, the Lagos State Tenancy Law 2011 outlines rules on notice periods, rent increases, and eviction procedures. Landlords must be familiar with applicable laws. - Providing Adequate Notice Before Eviction
Notice requirements typically include:
- Six months’ notice for a yearly tenancy
- One month’s notice for a monthly tenancy
- One week’s notice for a weekly tenancy
Rights of Tenants in Nigeria
Tenants also enjoy legal rights that protect them from arbitrary treatment and ensure fair housing conditions.
- Right to Quiet Enjoyment
Tenants may use the property without unjust interference, provided they comply with the agreement. - Right to Adequate Notice
Tenants must receive proper notice before termination of tenancy or eviction. Even after a tenancy expires, landlords cannot forcibly reclaim possession without following the appropriate legal procedures. - Right to Refund of Security Deposit
Security deposits must be returned at the end of the tenancy, minus legitimate deductions for unpaid rent or damages. - Right to a Habitable Property
Tenants are entitled to live in a safe, functional property. They may request repairs when necessary. - Right to Sue for Breach
Tenants may sue landlords for unlawful eviction, persistent refusal to repair essential facilities, or breaches of agreed terms.
Obligations of Tenants in Nigeria
Tenants also have responsibilities that support peaceful coexistence and proper use of the property.
- Payment of Rent
Tenants must pay rent as and when due. Failure to pay constitutes a breach of contract. - Proper Use of the Property
Tenants must avoid illegal activities, nuisance, and property damage. Commercial tenants must use the premises solely for approved business purposes. - Compliance With Tenancy Terms
Tenants must adhere to clauses on alterations, subletting, pets, utility payments, and other terms of the agreement. - Giving Notice Before Terminating Tenancy
Tenants must give adequate notice to avoid liabilities or misunderstandings. - Allowing Access for Repairs
Tenants must allow landlords reasonable access, after proper notice, to carry out repairs or inspections.
Legal Framework Governing Tenancy in Nigeria
Several laws work together to regulate tenancy relationships nationwide:
- State Tenancy Laws
Different states have their own regulations, such as:
- Lagos State Tenancy Law 2011
- Rivers State Rent Control and Recovery of Premises Law.
These laws define notice periods, eviction procedures, maintenance responsibilities, and dispute-resolution procedures.
- Land Use Act of 1978
This Act governs land ownership and affects tenancy agreements by ensuring landlords hold a valid title. Investors should always verify ownership documents, such as a Certificate of Occupancy, Governor’s Consent, survey plan, and registered deed. - Evidence Act 2011
This law governs the admissibility of tenancy agreements, rent receipts, and communication records in court. - Judicial Precedents
Nigerian courts consistently uphold tenancy agreements, making proper documentation essential for both landlords and tenants.
Practical Tips for Landlords and Tenants
For Landlords:
- Draft a clear and comprehensive tenancy agreement.
- Conduct due diligence on prospective tenants.
- Maintain the property and promptly respond to repair requests.
- Follow due process when terminating a tenancy or recovering possession.
For Tenants:
- Read and understand the tenancy agreement before signing.
- Keep receipts and written communication for recordkeeping.
- Report maintenance issues quickly.
- Follow all agreed terms to prevent disputes.
Conclusion
Understanding the duties of landlords and tenants helps prevent disputes, supports compliance with tenancy laws in Nigeria, and ensures a smooth, profitable rental experience for investors. Proper knowledge of rights, obligations, eviction procedures, and security deposit rules enables both parties to maintain a respectful, legally compliant relationship.
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- How To Obtain Building Plan Approval in Nigeria
Navigating property laws in Nigeria can be complex, but the right legal guidance makes all the difference.
At Scotts Legal, we provide expert support in property acquisition, title investigation, registration, and property management, helping real estate investors make confident, compliant, and secure decisions.
For consultations and inquiries, send us a message – here.
