As tenants have rights, so also do landlords. And while the popular narrative is that of overbearing landlords, the tenant group certainly has its fair share of insufferable people. So as a landlord, you may be wondering what rights you have over your rented property. 

How far can you exercise your ‘landlordship’ over your tenant? Can that tenant who is threatening to sue you for passing your boundary do it? If you are a tenant, you may also want to find out the extent and limit of your landlord’s power. Without further ado, here are some rights that a Nigerian landlord has with the backing of the law:

Right to own property

According to section 43 of the 1999 CFRN (Constitution of the Federal Republic), ‘...every citizen of Nigeria shall have the right to acquire and own immovable property anywhere in Nigeria’. This means that regardless of your tribe, state of origin or ethnicity, you can own property such as land and buildings anywhere in Nigeria.

So if you get harassed by locals in another state where you are developing property, remember that you have the backing of the law. Section 44 also provides that such property is protected from compulsory acquisition except in cases of ‘overriding public interest’ as specified in the Land Use Act 1978. 

Right to Compensation

The Land Use Act states that a governor can only compulsorily acquire land from a landlord for ‘overriding public interest’. It goes on to list situations that may be classified as such in section 28, all of which have to do with government use of the land or property. However, the 1999 Constitution and the Land Use Act have clauses that entitle a landlord whose property has been acquired to compensation. 

As a landlord, you can ask the court to assess your interest in the property and how much compensation you deserve. So, beware of any government agents trying to acquire your property forcefully from you without compensation or for shady uses. Hire a lawyer and take that case to court if you have to.

Right to Issue a Quit Notice

Depending on the tenancy agreement you have with your tenants, you have a right to issue them a quit notice if you do not wish to renew their tenancy. The quit notice is the first step toward removing a tenant. This notice can, however, be waived by a signed tenancy agreement stating that it is not required. 

Statutorily, a yearly tenancy requires a 6-month notice, a monthly one requires a 1-month notice, and a weekly one requires a 1-week notice. Moreso, a landlord, can draft and issue a quit notice to their tenant without a lawyer getting involved. However, the notice must be in written form only (not oral) and contain information such as the individual names, address, start and end, etc. 

Right to monitor property

Landlords have the right to monitor the use of their property so that it is not destroyed or misused willfully by tenants. They can do this by themselves or with the help of a caretaker. The rationale is that renting a property out is not the same as transferring ownership. This means that the devaluing or ruining of the property will only affect the landlord in the long run. Hence, the landlord needs to be able to ensure that their property is in good condition. 

However, in exercising this right, landlords have to be careful not to infringe on tenants' right to privacy and to adhere to whatever clauses are contained in the tenancy agreement. This could be regarding the time of the day when the landlord is allowed to come around, etc.

Right against the renewal of tenancy

This is where the ultimate power of a landlord comes in. For whatever reason, a landlord can decide not to renew the tenancy of a tenant. Therefore, if a tenant has gotten on the wrong side of the landlord, the landlord reserves the right to let them go. 

No tenant can force themself on a landlord or make a landlord renew their rent. This right is exclusive to the landlords and is what enables them to determine who stays in their property and who leaves. It is also the bedrock for some discriminatory practices regarding landlords letting out their places. 

Right to review rent

As the legal owner of the property, a landlord reserves the right to examine the rent of their property and increase or reduce it. Unfortunately for tenants, rent is constantly increasing and not the other way round. The sole aim of renting out one’s property is to make money, and the law realises that. 

However, the landlord needs to be careful not to infringe existing federal and state tenancy laws in the course of increasing the rent. A landlord cannot increase the rent during an ongoing tenancy. The landlord must wait for a new cycle to begin before increasing it. 

Right not to Issue a quit notice.

On the flip side of issuing a quit notice, it might surprise you that there are circumstances where a landlord has a right not to issue it. For the sake of confusion, you can always consult a lawyer to clarify if you have to issue your tenant a quit notice or not.

The first instance where you don’t owe your tenant a quit notice is where this clause was included in the tenancy agreement. Where such arrangements are in place, the landlord need not serve the tenant any notice. The agreement could also modify the duration of the notice to shorten or lengthen it. The court would honour whatever the content of the agreement is.

Another instance where the quit notice is not required is where there is a fixed tenancy. Suppose the tenant has agreed to stay only for a year or two. It is assumed that the tenant knows when they need to move out, and thus a quit notice is unnecessary. Also, if a tenant has owed rent for three consecutive months, the landlord has the right not to issue quit notice. 

Finally, if any of the terms in the tenancy agreement have been breached, the landlord has a right not to issue a notice of quit. However, in all of these situations, the landlord may issue a 7-day notice to recover possession, which must be drafted by a lawyer, not the landlord.

Conclusion

Now you know the extent of your rights as a landowner in Nigeria. This knowledge can serve as both a sword and a shield, depending on how you choose to use it. Hiring a great lawyer to handle your property-related transactions will also help you avoid making any mistakes. If you are a landlord or agent and want to rent your apartment out, visit brooi for a smooth and easy process.

Disclaimer: We hope this information is helpful to you. However, please note that this is not legal advice and is not intended to be taken as such. For proper expert counsel, consult a qualified solicitor.