Tenancy in Lagos state is regulated by the tenancy law of Lagos state and which defines the rights, duties, privileges, powers, and remedies open to both tenants and landlords. Thus, it is important that parties in a tenancy know their rights and that of the other for a fair environment.
RIGHTS OF A TENANT
- Right to a written agreement
A tenant has the right to a written tenancy agreement. The agreement should contain – The full name of the Landlord, The full name of the Tenant, The full description of the property, the payment information (amount, account to make payments, expiration date of the tenancy, duration of the rent, next renewal of payment). The Tenant also has the right to read before signing and seek the advice of a lawyer with regards to the terms of the contract.
- Right to payment receipt
A tenant has the right to an issued receipt for rent paid and received. The receipt should contain – The full name of the Landlord, The full name of the Tenant, The amount paid, the date of the payment, the property for the payment, the duration the payment covers, the signature of the receiver.
- Right to exclusive possession
A tenant has right to sole usage of the tenanted premises to the exclusion of all others. Any interference without the permission of the tenant will amount to trespass.
- Right to a valid quit notice
A tenant has right to a valid notice to quit before being evicted from the tenanted premises. The length of time given to the tenant to quit albeit weekly, monthly, or yearly, depends on the type of tenancy created and the rent paid. A valid “Quit Notice” must contain the name of the landlord, the name of the tenant, the address of the property occupied by the tenant, the duration given to the tenant included.
- Right to compulsory 7 days' notice of owner's intention to recover premises
A tenant has a right to be served a compulsory 7days' notice to recover premises after the expiration of a validly served quit notice.
RIGHTS OF A LANDLORD
- Right to receive or collect rent
A landlord has a right to the collection of rent on the apartment that has been rented out to a tenant. The rent to be paid is as agreed by both the landlord and the tenant. The amount payable is mostly stated in the tenancy agreement executed by the parties
- Right not to renew a tenancy
A Landlord has a right not to renew the tenancy with a tenant. It is not mandatory to renew the tenancy hence a landlord can decline without reasons. A tenant cannot force himself on a landlord, the landlord has exclusive right to determine his tenants
- Right to Not Issue Quit Notice
A Landlord has the right not to issue a quit notice when the tenancy agreement is for a fixed term or where the tenant has waived his right to being served a quit notice in the agreement. Therefore, it is important for an intending tenant to review the tenancy agreement before signing it.
- Right to enter the tenanted premises
A landlord has a right to enter upon the tenanted premises at reasonable times and with notice to the tenant. Tenancy is not an outright alienation of ownership of property from the landlord
- Right not to reimburse a tenant
A landlord has the right not to reimburse a tenant. A landlord is only required to reimburse a tenant when the repair is covered in the agreement. It is important that before signing the Tenancy Agreement both parties should decide who repairs what and what.
Conclusion
The rights of landlord and tenant in a tenancy matter are given and protected by law; therefore parties can seek redress in court where any of such rights have been interfered with.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
