The problem some renters face is the result of not knowing a few essential things before renting an apartment or land. It is better to be scrupulous in dealing with the signing of the agreement because ignorance is not an excuse in the law.
It is essential and par excellence that tenants know some crucial and necessary facts about the lease. In order for tenants to enjoy any rights as a resident of a particular home or piece of land under the owner, there are a few rights they should be familiar with. Tenants should not be careless and unscrupulous with the things they need to know. They should not be ignorant of their rights and should be familiar with the relevant information.
Some renters begrudgingly neglect a few things they need to know. The problem some renters face is the result of not knowing a few essential things before renting an apartment or land. Clearly, the challenge facing some tenants today is their negligent attitude towards knowing some important things under which they must operate.
In Nigeria, there are certain things tenants need to know about the land, the house, the landlord, and pretty much everything about the environment and the laws that guide their stay in the house.
Some of the rights are discussed below:
Right to a written agreement
In Nigeria, each tenant is entitled to have a written agreement that covers all the laws governing their tenure and the extent to which the landlord can exercise power and which are also restricted. The agreement is simply an understanding between two entities to follow a specific code of conduct. Tenants must have access to a written document that guides them during their stay in the house.
Leasing contracts contain in detail the names of a landlord and its lessee; as parties to the lease.
The rented house or land must be described in detail, showing the location and basic characteristics of the land or house. It should also include the length of the lease, when to pay, and the mode of payment.
The possible increase in price is another important thing that must be included in the agreement. Before signing any agreement, prospective tenants should seek the services of an attorney to go over and work out some of the complicated terms of the agreement. Some tenants make the mistake of signing a lease that isn’t lucid enough to understand it.
Right to issue payment receipt
Tenants need receipts from landlords as proof of payment and authorization to own and use the property during the rental period. This will contain the names of the owner and the tenants. The amount paid and the time of payment will be clearly indicated on the receipt. The name of the property for which said payment is made and the signature of the trustee and the beneficiary will also be indicated.
It is an actionable crime to refuse to issue a receipt for rents paid and received. The rights of a tenant are to demand and receive a receipt for the payment of rent. If the payment is made in part, it must also be credited and declared according to the way it was paid.
A written agreement endorsed by the landlord witnessed that you have received the rent from your tenant is also required.
Some owners are affable and friendly by nature, but no matter how family-oriented, friendly, corporate, and caring the owner is, it is strongly recommended that payment receipts be required to safeguard the future and avoid misrepresentation.
The right to peaceful enjoyment of property
Tenants are practically entitled to enjoy this right and should take note of it. When a tenant pays their rent and issues a receipt, it is the responsibility of the landlord to grant the rights to the peaceful enjoyment of the property and to ensure the security of the property. However, the owner determines the use, but can even be sued for trespassing if justified in the same way as against any trespasser; strangers, or any interruption.
Indeed, the supervision and maintenance of the property is generally the responsibility of the lessor, and with the knowledge of the lessee but within reasonable hours of the day.
Section 7 of the Nigerian constitution (Lease Agreement) clearly states that tenants must operate in accordance with the lease agreement which includes paying rent on time to avoid potential trouble. Tenants are required to conduct themselves in the proper manner, landlord consent is required before repairing any structural damage to any part of the building, changing any fixtures, and subletting.
Right to a Valid Quit Notice
It is illegal and unconstitutional to fire a tenant unknowingly or without reporting it for a few weeks, months, or years as agreed to in the written agreement. Therefore, it is abhorrent for a landlord to evict a tenant from the apartment unless the relevant Premises Reclamation Act is strictly complied with.
Repossession of the Premises Act states that tenants need a valid “notice to vacate” of the landlord’s intent to vacate said tenant’s tenancy and it must be in writing and delivered to the tenant. The tenants rent will determine the amount of time you are given, whether weekly, monthly, or yearly, so it is recommended that tenants read the Lease Agreement carefully before signing, as some might even be careless and resign. to your rights. an ‘abandonment notice’. It is better to be scrupulous in dealing with the signing of the agreement because ignorance is not an excuse in the law.
The name of the landlord, the name of the tenant, the address of the property occupied by the tenant, and the duration given to the tenant must be included in a “Valid Notice to Vacate”
Right to a mandatory notice (7) of seven days to recover the premises
The tenant is expected to have a “seven days” notice to recover as provided in the protection afforded to a tenant by the Nigerian Tenancy Act. This prevents landlords from evicting an occupant without issuing a “Seven Day Notice to Repossession.”
The “Seven (7) Day Notice of Landlord’s Intent to Repossess the Premises” is a notice issued by the landlord’s attorney notifying the tenant who was initially given a “Notice to Quit” and had expired; that the lawyer, after seven (7) days from the date of issuance of the Notice, will proceed to court to recover the property on behalf of the landlord.
The aforementioned rights are the rights of tenants provided for and protected by the constitution. The owner is also given some rights that are protected by the constitution.