I would so love if every citizen
of Nigeria
has a copy of any Tenancy Law of any state of the Federation. This would make
for a better flow of the issues surrounding Landlord and Tenants generally in Nigeria. I had
to start this piece on this note because of the importance of the subject
matter at hand. What lawyers find is that most people become victims of their
own mistakes either as landlords or as tenants. Oh, there is no need to fret
about the laws; they are usually very reader-friendly and easy to carry. A good
example is the Tenancy Law of Lagos State 2011, as amended. Please get a copy.
Now the issues that most
landlords and tenants confront on a daily basis can be zoomed on the lack of
clear and well-written agreements. Some landlords are of the opinion that since
it’s their properties, they can, on their own, determine what should be at all
times outside the original scope of agreement While on the other hand, tenants
are always “afraid” of Landlords and so they feel they are not in the position
to challenge issues that may arise, these things should not be.
It must be noted at this point
that the law governing the relationship between a landlord and his tenants is
strictly applied by the law. The bingo called the ‘Nigerian Factor’ usually
fails when tenancy matters are raised. What this means is that, no landlord or
tenant can successfully take the law into his/her hand without recourse to the
law.
Focus should be shifted to this
all-important point; everything tenancy must be written down and signed to!
From the water arrangement, to refuse disposal, to the payment of the
mai-guard; everything that pertains to the enjoyment of the Tenant in the house
of the Landlord must be properly covered in any written form or memorandum, and
all parties are made to sign. Why is this important? Because no one or even the
courts can rely on oral dispositions; oral agreements are for ghost! This is in
keeping with the intent of the rules of contractual relationships.
For example,
where a tenant agrees and signs a document to the fact that he should be issued
a 3 months’ Notice to Quit for a yearly tenancy, the landlord would be in the
right to so do and the courts will uphold such a term. However, if on the other
hand, both parties merely verbalized this term without writing it down, then
the court would be welcome to apply a 6 months’ notice for the tenancy created
as you can find the Tenancy Law of Lagos State. Thus, it is superbly important
that everything be subsumed in a document.
Another important ingredient for
a smooth tenancy term is with respect to the adherence of due process of law.
Often landlords feel entitled to do ‘whatever’ is necessary to protect their
interests. With this, they usually fall fowl of the Tenancy laws. This can also
be said of over-zealous tenants who ignorantly argue that their rights have
been abused when they know of a fact that they have acted outside what is
expected under the law. A good example is where a landlord, who thinks since
it’s his house, he can safely evict a recalcitrant tenant (who has refused to
pay his rents or worse still, has ‘over-stayed’ his tenancy) by simply causing
the roof to be removed under the tenant! Most of the time, the courts come down
heavy on such landlords, even though the tenants are not spared in the hammer.
The process of the law must be adhered to the latter.
After laying this foundation,
please do well to consult legal practitioner for further professional advice
for that tenancy idea today. Thanks for reading again. Till next time …
Cheers!!
Alice O. Odibo is a legal practitioner and
the principal partner at Odibo O. A. Co., a firm of legal practitioners &
solicitors. She has 8 years experience in corporate and criminal litigation
practice. She resides in Lagos.
Contact details. 08057474161. aliceodibo@yahoo.com BB:26474A85
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