What The Tenant Should Know

The recovery of premises law of most states of the Nigerian Federation are decidedly in favour of the tenant. That is why most landlords cannot easily throw out their tenants even when they are owing rent.

In a place where the rule of law prevails, the use of self-help is abandoned. Consequently, the landlord who wishes to eject his tenant for not paying rent must use the method prescribed by law.

Due to the harshness of landlords to their tenant, the various law making organs of the states enacted tenant friendly laws to check the excess of the former.

It is important to note that a landlord who wishes to eject his tenant for whatever reason must give him a valid quit notice. This implies that a landlord must give his tenant time (reasonable) enough to quit the premises in his possession. The quit notice must be written and served on the tenant.

The law provides that a yearly tenant or above must be given a half yearly quit notice, a weekly tenant, a week’s notice. These provisions can be waived by express agreement between the tenant and the landlord.

The tenancy agreements could either prescribe shorter or longer notices.

In certain situations, tenants sign agreements that prescribe that they should be ejected without notices. This is, however, not good for the tenant that is why every tenant wishing to rent a premises must carefully read the tenancy agreement.

One thing must be emphasised, the law will give effect to the agreement between the tenant and the landlord. It honours agreement between parties. That is why a tenant cannot claim that he never understood the terms of the agreement. Ignorance of the law affords no excuse (igonrantio legis no excuse).

Interestingly, when a tenant signs a lawful agreement limits his rights, he will be bund by it. The Latin expression for it is violent non fit injuria, if will a thing no harm is done.

On the other hand, it is not in all situations that a tenant can be given a quit notice, when a tenant owes the landlord for three months or more after the expiry of his rent, the use of quit notice can be dispensed with.

However, he is not also required to use self-help. He is expected to comply with other procedural steps towards the recovery of his premises. He will be given seven (7) days notice of owner’s intention to recover premises.

Strictly speaking, the seven days notice of owner’s intention to recover premises is a notice from the landlord’s solicitor notifying a tenant upon when a notice to quit had been served and some had expired: that the lawyer will after seven (7) day from the date of service proceed to court to recover the premises being held over on behalf of the landlord.

Nevertheless, the law neither encourages self-help nor a situation where surprises sprang on a tenant that is why he is given the necessary notices to quit.

A seven (7) day notice of owner’s intention to recover premises can only be served on a tenant only at the expiration of valid “Notice to Quit”. Where a seven (7) days Notice is served before a notice to quit or during the life span of a notice to quit, such is invalid and goes to no issue.

A seven (7) days notice is to be calculated from the day after the service of the notice. If the notice is short or less by just a day it is a good ground for the court to reject its validity.

Right To Statutory Tenancy. A tenant after the expiration of a valid “Notice to Quit on him and he still maintains possession without the revocation of such notice or payment of rent, is said to be holding over such against the rights of the landlord. Even at the stage the law does not permit self-help. It will not permit the landlord to forcefully evict the tenant without proceeding to court to procure an order.

The law still allows such a tenant to maintain possession although no longer as a tenant of the landlord but as a tenant of the law (statutory tenant). A statutory tenant does not pay rent to his landlord, however, a court can order him to pay all the rent he had accumulated in the course of holding over the premises at the determination of the suit.

Right To Fair Hearing:

The 1999 Constitution of the Federal Republic of Nigeria as mended has provided all persons in the country with certain inalienable rights which includes the Right to Fair hearing. No person (tenant) can be tried in a competent court without allowing him to be heard.

Therefore, a court cannot eject a tenant without hearing from him.

Right To Sue A Land Lord For Trespass

A tenant has a right to sue a landlord who pays deaf ears to the provisions of the law and goes to throw him out.

Chidi Enyie