Who is a Tenant?

The word “tenant” is very wide in scope.  It includes all persons let into another person’s property on certain terms and conditions which may include payment of rent. A tenant by this definition, could occupy a building or an empty space, as long as the tenant acknowledges that the premises(open) spaces belong to someone else at whose instance he was let in.

Again, the mere fact that someone is not paying rent does not mean, the person is not a tenant. A person can still occupy a property at the will of the owner without paying rent but such tenant is also liable to eviction at the will of the owner of the property.

Again, a tenant is different from a trespasser or occupier. A trespasser is someone who unlawfully enter the premises of another, and begin to claim ownership of same, or begin to do things contrary to the desires of the owner of the premises or building.

An occupier, though unlawfully enters the land or premises, is not disputing the title of the owner. The major difference between the three is that a tenant enters lawfully into the premises, and pays  rent at times, even when he indebted or in  arrears of rent, he is still in law a tenant although a tenant at sufferance. But the moment the tenant begin to challenge the title of the Landlord, he is better described as a trespasser.

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6 LEGAL RIGHTS OF TENANTS IN NIGERIA

WHO IS A LANDLORD?

A landlord, unlike a tenant is the owner of the apartment, or premises and it’s appurtenances occupied by the tenant for rent. A landlord is diffenet from the agent of a landlord. Even where the landlord, has appointed an attorney to manage or look after his building, his legal rights still rest on him and cannot be extinguished.

THE NATURE OF RELATIONSHIP BETWEEN LANDLORD AND TENANT.

The landlord-tenant relationship is contractual in nature. It is a form of contract willfully entered into by the parties with each person expected to keep to his own part of the agreement. The tenant pays the rent and the landlord let him into possession. See the case of ABDURAHMAN V THOMAS(2019) 12 NWLR. (PT. 1685) P111. This is followed by formal agreement (Tenancy Agreement) executed by the parties evidencing the contract.

The nature of the tenancy contract like every other formal contract is such that neither of the parties is allowed to rescind from the contract. To unilaterally terminate the contract amount to breach of same contract.

THE IMPLICATIONS OF THE CONTRACT

Like every other contract, parties are bound by the terms of the contract. None of the parties to the contract is allowed to rescind from the contract or to modify the contract.

By implies, the landlord is not allowed to change his mind and evict the tenant from the premises. The landlord is also not allowed to disturb the tenant while he is in peaceful possession of the premises. The landlord is also under duty to keep the premises in fit and proper purpose  during the subsistence of the tenancy.

On the part of the tenant, the tenant is under duty to pay rent as at when due and not to commit waste while in occupation. The tenant is generally bound by the terms of the agreement including the covenant not to sublet the premises. The tenant is also forbidden from rescinding from the contract. Failure to keep to this contract by either parties amount to breach of contract.

TWO IMPORTANT LAWS IN LANDLORD AND TENANTS RELATIONSHIP.

The two cardinal “laws” in Tenancy matters are:
a. The tenancy. Agreement
b. The tenancy law of the state where the property is situate.

a.The Tenancy Agreement.

In the case of dispute between the landlord and tenant, the tenancy agreement is always referred to determine rights and liabilities. This is because it is a general principle of law that Agreement between parties must be kept and respected(pacta sunt servanda).

Court only interprete the tenancy agreement to determine who has violated the Agreement.
The tenancy agreement will contain such information as the mode of payment, the nature of the tenancy , the determination of tenancy etc

b. The tenancy law of the state where the property is situate.
In absence of tenancy agreement, the tenancy law of the state where the property is situate will regulate the contract and it’s enforcement. In Lagos State, there is the tenancy law of 2011 and all other State in Nigeria equally have theirs.

WHAT THE LANDLORD WILL DO TO RECOVER HIS PREMISES.

The procedure for recovery of premises is quite simple. The law provides that a landlord desiring to recover his premises must give to the tenant the relevant notices. However, the length of notice to be give is determine by the tenancy agreement and where there is no agreement to that effect, the general law is that the landlord will give the following notices to tenant:

a weekly tenant- a week notice

a monthly tenant- a month notice.

a yearly tenant- 6 months,

a tenant at will – 7 days notice,

A tenant at sufferance- 7 days notice

WHAT HAPPENS WHERE LANDLORD FAILS TO FOLLOW DUE PROCESS OF LAW TO EVICT TENANT

Due process of law in recovery of premises involves serving the relevant notices which includes: notice to quit and the statutory notice of owners intention to apply to court to recover possession and subsequent filing of claim for possession, arears of rent and mesne profit where necessary.

Where the landlord fails to serve this processes, the court is bereaved of the jurisdiction to hear claim of the landlord against the tenant.

Again, any other step or steps taking by landlord to evict the tenant from his premises outside the due process of law amounts to Self help.

Example: the use of police or thugs to harass tenants, the act of landlords, locking the premises occupied by the tenant etc. All these amounts to Self help.

In order to regain recover possession of  premises from a tenant, it is incumbent upon the owner or the landlord to proceed under the provisions of the recovery of premises law. The landlord is not permitted to employ self-help to evict the tenant from the premises. See the case of Bayo V Anyekoti (1973) 1 All NLR. (Pt 1) 319.

WHERE LANDLORD USES SELF HELP, WHAT REMEDY IS AVAILABLE TO TENANT.

An action for trespass and general damages can be brought against the landlord in law by the tenant.

WHEN A TENANT WILL BE ENTITLED TO REFUND OF HIS MONEY

By this, we mean, what will happen if at the middle of the tenancy, the tenant surrenders the tenancy, and demand refund of rent for the years left in his tenancy?

In the landlord and tenants relationship, emphasis is always placed on what the tenancy agreement says. On the issue of refund, the tenancy agreement can guide parties. Generally, there is not always provision for refund of rent. Some tenancy agreement will expressly state it.” NO REFUND OF MONEY AFTER PAYMENT”

However, where tenant surrenders his tenancy, the usual practice is that the tenant will be entitled to the refund of the rent for the unexpired term or months or years from the date the landlord is able to get another tenant into the premises to the date the rent expires.

Example: If Mr A enters into B’s flat by January as a yearly tenant, by April, A decide to leave the premises, and B founds another tenant by August, A will be entitled for refund from August to December.

The law is that it will be unreasonable for A to demand full repayment of the money he paid after taking possession for some months. See the case of NIGERIA CONSTRUCTION AND HOLDING CO LTD V OWOYELE (1988) 4 NWLR. (PT.90) 588. See also ABDURAMAN V THOMAS(2019) 12 NWLR. (PT1685) .P112. But A can only lay such claim if the landlord is the one that frustrated the contract.