Landlord and tenant disputes are common in Nigeria. They can arise over rent increases, eviction, unpaid rent, refusal to renew a tenancy, failure to refund a deposit, unlawful entry, damage to property, utility bills and other disagreements concerning the use or possession of rented premises.
Although a landlord owns the property, ownership does not give the landlord an unrestricted right to interfere with a tenant’s lawful possession.
A tenant, likewise, is not entitled to remain in possession indefinitely or disregard the terms of the tenancy.
The rights and obligations of both parties are determined by the tenancy agreement, applicable legislation and the general principles of landlord and tenant law.
Where a dispute cannot be resolved amicably, a tenant has legal remedies available.
What Are the Most Common Landlord and Tenant Disputes in Nigeria?
Landlord and tenant disputes commonly involve:
- rent increases;
- non-payment of rent;
- eviction and recovery of possession;
- inadequate or defective premises;
- refusal to renew a tenancy;
- disputes over security or caution deposits;
- unlawful entry into rented premises;
- harassment or threats by a landlord;
- disconnection of electricity or water;
- disputes over service charges;
- alleged damage to the property;
- recovery of rent arrears;
- refusal to accept rent; and
- disagreements over the terms of the tenancy.
The appropriate remedy depends on the nature of the dispute.
What Law Governs a Landlord and Tenant Dispute in Nigeria?
There is no single landlord and tenant law that governs every tenancy throughout Nigeria.
Landlord and tenant matters are substantially regulated by the law applicable in the particular jurisdiction where the property is situated.
For example, Lagos State has the Lagos State Tenancy Law 2011, while other states have their own legislation or applicable rules governing tenancy and recovery of premises.
The tenancy agreement is also important.
Accordingly, before commencing proceedings, a tenant should determine:
- where the property is located;
- what legislation applies;
- whether there is a written tenancy agreement;
- what the agreement provides; and
- what exactly the landlord has done or failed to do.
Can a Landlord Evict a Tenant Without a Court Order?
A landlord cannot simply use self-help to eject a tenant from premises where the law requires judicial recovery of possession.
A landlord who wants to recover possession must comply with the applicable legal procedure.
Depending on the nature and duration of the tenancy, this can involve the appropriate notice and, where the tenant does not surrender possession, proceedings for recovery of possession.
A landlord should not resort to:
- changing the locks;
- removing the tenant’s belongings;
- physically forcing the tenant out;
- disconnecting essential services to force the tenant to leave; or
- employing threats or violence.
The legal procedure for recovery of premises should be followed.
For a detailed explanation, see [Can a Landlord Evict a Tenant Without a Court Order in Nigeria?].
What Can a Tenant Do If the Landlord Attempts an Illegal Eviction?
A tenant facing an attempted unlawful eviction should document what is happening and obtain legal advice promptly.
The tenant should preserve:
- photographs and videos;
- messages from the landlord;
- letters and notices;
- evidence of threats;
- evidence of damage to property;
- rent payment records; and
- witness details.
Where appropriate, the tenant can seek judicial relief to protect the tenant’s possession or pursue a claim arising from the landlord’s unlawful conduct.
The precise remedy depends on the facts.
Can a Tenant Challenge an Excessive Rent Increase?
Yes.
A landlord can propose a new rent, but the legality of an increase depends on the existing tenancy, the tenancy agreement and the applicable law.
In Lagos State, Section 37 of the Lagos State Tenancy Law 2011 provides an existing tenant with a statutory procedure for challenging an increase considered unreasonable.
The court can consider factors including the general level of rents in the locality, evidence presented by the parties and special circumstances relating to the premises.
For more information, see [Can a Tenant Refuse a Rent Increase in Nigeria?].
What If the Landlord Increases Rent During an Existing Fixed Tenancy?
A fixed-term tenancy and a new tenancy after expiration should be distinguished.
Where a tenant has entered into a fixed-term tenancy at an agreed rent, the landlord cannot ordinarily change the agreed rent during the fixed term contrary to the tenancy agreement.
The position can be different where the agreement contains a valid rent review clause.
A tenant should therefore examine the tenancy agreement before deciding whether an increase is legally enforceable.
What If a Landlord Refuses to Renew the Tenancy?
A tenant does not automatically acquire a right to renew every tenancy simply because the tenant has occupied the property for a long period or has consistently paid rent.
The position depends on the tenancy agreement, any contractual option to renew and the circumstances surrounding the tenancy.
Where there is no written tenancy agreement, the tenancy can still be express or implied. However, an implied tenancy is not the same thing as an automatic implied right of renewal.
Where a landlord refuses to renew, the tenant should establish whether there is a contractual or other legal basis for requiring renewal.
See [What to Do When a Landlord Refuses to Renew a Tenancy Agreement in Nigeria] for a detailed discussion.
What If There Is No Written Tenancy Agreement?
The absence of a written agreement does not mean that the tenant has no legal protection.
For example, Section 3 of the Lagos State Tenancy Law 2011 recognises tenancy agreements that are express or implied, oral or written, or partly oral and partly written.
A tenancy can therefore be established through:
- oral agreement;
- payment of rent;
- possession;
- receipts;
- correspondence;
- conduct of the parties; and
- other evidence establishing the tenancy.
A tenant should therefore preserve evidence of the tenancy even where no formal document was executed.
Can a Tenant Sue a Landlord for Refusing to Refund a Security Deposit?
Yes, where the tenant has an established entitlement to the money.
The first question is whether the payment was actually a refundable security or caution deposit and what the tenancy agreement says about it.
A landlord can have a legitimate basis for deducting amounts relating to obligations for which the tenant is responsible, such as certain damage or unpaid charges.
But a landlord should not simply retain a refundable deposit without a contractual or legal basis.
A tenant should first make a written demand and request an explanation and breakdown of any deductions.
If the landlord refuses to pay money properly due to the tenant, appropriate proceedings can be commenced to recover it.
See [How to Recover Your Rent Deposit from a Landlord in Nigeria].
Can a Landlord Enter a Tenant’s Apartment Without Permission?
A landlord’s ownership of a property does not mean that the landlord can enter a tenant’s private premises whenever the landlord chooses.
A tenant in lawful possession is entitled to quiet and peaceful enjoyment of the premises.
In Lagos State, the Tenancy Law expressly recognises the tenant’s right to quiet and peaceable enjoyment, privacy and freedom from unreasonable disturbance.
Where inspection or access is required, the landlord should comply with the terms of the tenancy agreement and applicable law.
A tenant who is repeatedly subjected to unauthorised entry or unreasonable interference should document the incidents and seek appropriate legal advice.
Can a Landlord Disconnect Electricity or Water to Force a Tenant to Leave?
A landlord should not resort to self-help to force a tenant out of possession.
Disconnecting utilities or interfering with essential services for the purpose of compelling a tenant to vacate can expose the landlord to legal consequences, depending on the circumstances and applicable law.
A dispute over rent or possession should be addressed through the appropriate legal process rather than intimidation or coercion.
Where the utility account is in the tenant’s name, the tenant should also distinguish between a legitimate utility disconnection by the relevant service provider and an intentional act by the landlord.
What If the Landlord Harasses or Threatens the Tenant?
A tenant should take threats or harassment seriously, particularly where the landlord threatens violence, property damage or forced eviction.
The tenant should:
- preserve evidence of the threats;
- avoid escalating the confrontation;
- identify witnesses;
- make appropriate reports where criminal conduct is involved; and
- obtain legal advice concerning available civil remedies.
The appropriate response depends on the nature of the conduct.
A landlord’s disagreement with a tenant does not create a licence to threaten or assault the tenant.
What If the Landlord Locks the Tenant Out?
Changing the locks to prevent a tenant from accessing rented premises can constitute an unlawful interference with possession where the landlord has not lawfully recovered possession.
A tenant should document the incident immediately.
Evidence can include:
- photographs of the changed locks;
- videos;
- messages;
- statements from neighbours;
- proof of the tenancy;
- rent receipts; and
- evidence showing that the tenant was in possession.
The tenant should obtain urgent legal advice because delay can complicate the situation.
What If the Landlord Removes the Tenant’s Property?
A landlord should not simply take possession of a tenant’s belongings as a substitute for following the legal process for recovery of premises.
Where a landlord removes or destroys a tenant’s property, the tenant should preserve evidence of what was removed or damaged and the circumstances in which it occurred.
Depending on the facts, the tenant can have civil and potentially criminal remedies.
What If the Landlord Refuses to Accept Rent?
A landlord’s refusal to accept rent can create difficulties, particularly where the landlord later alleges that the tenant is in arrears.
The tenant should document attempts to make payment.
In Lagos State, Section 29 of the Tenancy Law provides a procedure under which a tenant can apply to court to pay rent into the Court’s Registry where the landlord refuses to accept the current rent.
A tenant should therefore not simply keep the money without taking steps to establish that the rent was available and payment was attempted.
What If the Tenant Is Accused of Owing Rent?
The tenant should request a clear statement of account.
The tenant should compare the landlord’s claim with:
- the tenancy agreement;
- rent receipts;
- bank transfers;
- payment confirmations;
- rent review arrangements; and
- any agreed deductions.
If the tenant has evidence that the rent was paid, it should be preserved.
A dispute over alleged rent arrears should be resolved on the basis of the actual payment history rather than assumptions.
Can a Tenant Claim Compensation for Damage Caused by the Landlord?
Potentially, depending on the nature of the landlord’s conduct and the loss suffered by the tenant.
For example, if a landlord unlawfully damages a tenant’s belongings or engages in conduct causing provable financial loss, the tenant can have a basis for seeking compensation.
The tenant must, however, establish the legal basis for the claim and prove the loss.
Evidence is therefore important.
Can a Tenant Get an Injunction Against a Landlord?
Yes, where the circumstances satisfy the requirements for injunctive relief.
An injunction is a court order restraining a person from doing a specified act or, in appropriate cases, requiring a person to take a specified step.
A tenant facing imminent unlawful interference with possession can, depending on the circumstances, seek appropriate interim or interlocutory relief.
However, an injunction is not automatically granted simply because a tenant and landlord are in dispute.
The tenant must establish the legal and factual basis for the relief sought.
Can a Tenant Use Mediation Instead of Going to Court?
Yes.
Landlord and tenant disputes are often suitable for mediation, particularly where both parties are interested in preserving a workable relationship.
Mediation can address issues such as:
- rent increases;
- payment plans;
- repairs;
- deposit refunds;
- renewal;
- service charges;
- utility disputes; and
- arrangements for surrendering possession.
In Lagos State, the Citizens’ Mediation Bureau of the Lagos State Ministry of Justice provides mediation services for landlord and tenant disputes. (lagosstatemoj.org)
Mediation can be faster and less confrontational than litigation in an appropriate case.
What Court Can a Tenant Approach?
The appropriate court depends on the nature of the dispute, rental value, the location of the property, the applicable law and the relief being sought.
Landlord and tenant disputes are generally matters within the jurisdiction of state courts (Magistrate and High Court), subject to specific constitutional and statutory jurisdictional provisions.
A tenant should therefore not commence proceedings merely because a particular court is convenient.
The jurisdiction of the proposed court should be established before filing.
How Long Does a Landlord and Tenant Case Take in Nigeria?
There is no fixed period applicable to every landlord and tenant case.
The duration depends on factors such as:
- the court’s workload;
- the nature of the claim;
- whether the matter is contested;
- interlocutory applications;
- service of processes;
- adjournments;
- availability of witnesses;
- appeals; and
- the conduct of the parties.
This is one reason why early negotiation or mediation can be valuable where an amicable settlement is realistically possible.
What Evidence Should a Tenant Gather?
A tenant should begin collecting evidence as soon as a dispute arises.
Important documents can include:
Tenancy Documents
- tenancy agreement;
- renewal agreement;
- inventory;
- receipts;
- notices; and
- correspondence.
Payment Evidence
- bank transfer records;
- receipts;
- account statements;
- payment confirmations; and
- evidence of attempted payment.
Property Evidence
- photographs;
- videos;
- inspection reports;
- repair records; and
- evidence of damage.
Communications
- WhatsApp messages;
- emails;
- text messages;
- letters; and
- other relevant communications.
Good documentation can substantially strengthen a tenant’s position.
Should a Tenant Stop Paying Rent Because of a Dispute?
Generally, a tenant should not simply stop paying rent because there is a disagreement with the landlord.
For example, a tenant who disputes the amount of a proposed increase should not automatically assume that the correct response is to stop paying everything.
The tenant should first determine:
- what rent is legally due;
- whether the tenancy is still subsisting;
- whether there is a statutory procedure for challenging the increase;
- whether the landlord has refused payment; and
- what steps are available to protect the tenant’s position.
Unilateral non-payment can create a separate dispute over rent arrears.
What Should a Tenant Do Before Commencing a Lawsuit?
Before commencing proceedings, the tenant should:
- identify the precise dispute;
- review the tenancy agreement;
- identify the applicable law;
- gather documentary evidence;
- determine the appropriate remedy;
- consider negotiation or mediation;
- send a formal demand where appropriate; and
- obtain advice on jurisdiction and procedure.
A lawsuit should be based on an identifiable legal right and a remedy that the court has jurisdiction to grant.
What Should a Tenant Do If the Landlord Has Already Commenced Proceedings?
The tenant should not ignore court processes.
Once proceedings have been commenced, the tenant should immediately obtain legal advice and respond within the time prescribed by the applicable rules.
Ignoring a court process can expose the tenant to judgment being entered without the tenant properly presenting a defence.
The tenant should provide the lawyer with all relevant documents, including the tenancy agreement, payment records, notices and communications.
Can a Tenant Defend a Recovery of Premises Action?
Yes.
A tenant can defend a recovery of premises claim where there are legally sustainable grounds for doing so.
The defence will depend on the facts.
Possible issues can include:
- validity of the tenancy;
- rent payment;
- defective or invalid notices;
- contractual rights;
- statutory protections;
- jurisdiction;
- alleged arrears;
- unlawful conduct by the landlord; or
- other matters affecting the landlord’s right to possession.
The tenant should not assume that every notice to quit automatically means that possession must immediately be surrendered.
What If the Tenant Wants to Leave the Property?
A tenant who wants to leave should properly determine the tenancy and document the handover.
The tenant should:
- comply with the applicable notice requirements;
- settle legitimate outstanding obligations;
- document the condition of the property;
- return the keys;
- obtain evidence of delivery of possession; and
- demand any refundable deposit.
This can prevent disputes after the tenant has left.
Can a Tenant Recover Legal Costs from the Landlord?
The question of costs depends on the proceedings and the court’s discretion.
A successful party can, in appropriate circumstances, receive an award of costs.
However, a tenant should not assume that commencing a case automatically means every legal expense will be recovered from the landlord.
The court determines costs according to the applicable rules and circumstances.
Conclusion
Landlord and tenant disputes in Nigeria should not be approached on the assumption that the landlord always has the stronger legal position because the landlord owns the property.
A tenant in lawful possession has legally protected interests, while a landlord has corresponding rights to rent, possession and enforcement of the tenancy agreement.
The correct remedy depends on the nature of the dispute.
A tenant facing an unlawful eviction, unreasonable rent increase, refusal to refund a deposit, harassment, interference with possession or another tenancy dispute should act promptly, preserve evidence and obtain advice on the law applicable to the particular property.
Where the dispute can be resolved through negotiation or mediation, that option should be considered. Where litigation is necessary, the tenant should commence the appropriate proceedings before the court with jurisdiction and seek the appropriate relief.
If you are involved in a landlord and tenant dispute in Nigeria, Lexforte Attorneys can review your tenancy agreement, notices, payment records and other evidence and advise you on the appropriate legal remedy. Contact Lexforte Attorneys for professional assistance in protecting your rights as a tenant or resolving a landlord and tenant dispute.