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Tenancy and Landlord-Tenant Laws in Nigeria: Rights, Disputes, and Eviction Procedures

Tenancy relationships are an important part of Nigerian society, especially in cities where the majority live in rented properties. These relationships are governed by tenancy laws such as the Recovery of Premises Act 1990, various state tenancy laws (e.g., Lagos State Tenancy Law 2011), and judicial decisions. Understanding these laws—along with relevant case laws—is vital for landlords and tenants alike.

Rights of Tenants in Nigeria

Tenants are not powerless under Nigerian law. Courts have consistently emphasized their protection from arbitrary actions. Key rights include:

1. Right to Peaceful Enjoyment
   A tenant in lawful possession cannot be disturbed until the tenancy expires or is lawfully terminated. In African Petroleum Ltd v. Owodunni (1991) 8 NWLR (Pt. 210) 391, the Supreme Court held that a landlord cannot forcibly eject a tenant without following due process.

2. Right to Notice Before Eviction
   In Ayinke Stores Ltd v. Adebogun (2008) 10 NWLR (Pt. 1096) 612, the Court of Appeal stressed that a landlord must serve proper statutory notices before commencing eviction.

3. Right to a Written Agreement
   A written tenancy agreement provides clarity on obligations. Where absent, courts will still imply reasonable terms. For instance, in Ogunbambi v. Abowaba (1951) 13 WACA 222, the court implied tenancy terms from conduct.

4. Right to Refund of Caution Fee
   Where no damage is proven, the tenant is entitled to a refund. Courts have upheld tenants’ rights to claim unpaid caution fees at the end of tenancy.

5. Right to Fair Rent
   Arbitrary rent increases are frowned upon. Though rent control is largely state-specific, the principle of fairness runs through tenancy laws.

Rights of Landlords in Nigeria

Landlords equally enjoy legal protection. Courts recognize these rights provided landlords act lawfully.

1. Right to Receive Rent
   Rent is the landlord’s reward for giving possession. In Adebisi v. Oke (1967) NMLR 64, the court upheld that rent is payable so long as the tenant remains in possession, even if the landlord disputes the validity of the tenancy.

2. Right to Terminate Tenancy
   Landlords can lawfully terminate tenancies upon proper notice. In Oyekoya v. GBO Nig. Ltd (1969) 1 All NLR 82, the court reaffirmed the necessity of statutory notices before termination.

3. Right to Recovery of Premises
   The right to repossess property is recognized, but only through lawful court processes. Self-help eviction is illegal, as reaffirmed in African Petroleum Ltd v. Owodunni.

4. Right to Compensation for Damages
   If a tenant damages property, the landlord can claim compensation or deduct it from the caution fee.

5. Right to Enforce Tenancy Agreement
   In Osawaru v. Ezeiruka (1978) 6-7 SC 135, the Supreme Court held that tenancy agreements are binding contracts enforceable by both landlord and tenant.

Common Tenancy Disputes in Nigeria and How to Resolve Them

1. Non-payment of Rent

This is the most frequent dispute. In Ogunbambi v. Abowaba, the court affirmed that rent arrears are recoverable even after tenancy termination. Remedies include negotiation, mediation, or court action.

2. Illegal Eviction by Landlords

In Kpoekpo v. Nigeria Housing Development Society Ltd (1973) 1 All NLR 720, the court condemned self-help eviction, stressing that eviction must follow due process.

3. Disputes Over Caution Fee

Many tenants sue for refund of caution deposits. Courts generally side with tenants if the landlord cannot prove damage.

4. Unlawful Rent Increase

In states like Lagos, the Tenancy Law 2011 prohibits arbitrary increases. Rent disputes are resolved through mediation, Rent Tribunals, or the courts.

5. Maintenance Issues

Where agreements are silent, landlords are generally responsible for structural repairs, while tenants handle minor maintenance. Disputes are often resolved by interpreting the tenancy agreement.

Resolution Methods:

• Alternative Dispute Resolution (ADR): Mediation and arbitration save time and preserve relationships.
• Court Action: Where ADR fails, parties can file in the Magistrate Court or High Court, depending on jurisdiction.

Eviction Procedures Under Nigerian Law

Eviction is strictly regulated to protect tenants from abuse. The procedure is mainly governed by the Recovery of Premises Act 1990 and corresponding state tenancy laws.

1. Service of Statutory Notices

The landlord must serve:

• A Notice to Quit (duration depends on tenancy type: one week for weekly, one month for monthly, three months for quarterly, six months for yearly tenancies).
• After expiry, a Seven Days Owner’s Intention to Apply to Court for Possession Notice.

Failure to serve proper notices renders eviction illegal. In Ayinke Stores Ltd v. Adebogun, the court invalidated eviction for lack of proper notice.

2. Court Action for Possession

The landlord must file an action in the appropriate court. In Oyekoya v. GBO Nig. Ltd, the court emphasized that possession orders must come from the court.

3. Enforcement

Once the court grants possession, eviction must be enforced by lawful officers (bailiffs/police). Any self-help method—like locking out tenants, removing roofs, or cutting utilities—has been repeatedly declared unlawful (African Petroleum Ltd v. Owodunni).

Conclusion

Tenancy and landlord-tenant laws in Nigeria seek to balance both parties’ rights. While tenants are protected against unlawful eviction and arbitrary rent increases, landlords have enforceable rights to rent, possession, and compensation. Disputes should be approached first through negotiation or mediation, but the courts remain the final arbiter when parties fail to resolve issues amicably.

A clear understanding of rights and obligations, backed by case law, helps both landlords and tenants maintain a peaceful relationship while staying within the bounds of Nigerian law.

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