The law is not just designed to promote order, it also serves as a way to regulate the way we relate with each other. One of such relationships that the law seeks to regulate is that between landlords and tenants.
In a landlord/ tenant relationship, there are certain rights to be enjoyed by each party, and there are also obligations that each party must perform. In this post, we would be looking at the rights and obligations of tenants.
Contrary to popular opinion, the landlord cannot do anything he wants to his tenants simply because he owns the property. Yes, the same law that protects him also protects the tenant from unfair treatment. Hence, under section 6 of the Lagos State Tenancy Law 2011, a tenant has the right to:
(1) quiet and peaceable enjoyment of the Premises and this right includes the right to –
(a) privacy;
(b) Freedom from unreasonable disturbance;
(c) exclusive possession of the premises, subject to the landlord’s restricted right of inspection; and
(d) the use of common areas for reasonable and lawful purpose.
(2) Where a tenant with the previous consent in writing of the landlord, effects improvements on the premises and the landlord determines the tenancy, such a tenant shall be entitled to claim compensation for the effected improvements on quitting the premises.
It is a known fact that there can be no rights without obligations. A tenant for instance who has failed to pay his rent cannot complain or should not complain that his right to freedom from unreasonable disturbance has been infringed on.
The obligations of a tenant to his landlord as stipulated by Section 7 of the Lagos State Tenancy Law 2011, therefore, are the duty to :
(1) Pay the rents at the times and in the manner stated;
(2) pay all existing and future rates and charges not payable by the landlord by law;
(3) keep the premises in good and tenantable repair, reasonable wear and tear excepted;
(4) permit the landlord and his agents during the tenancy at all reasonable hours in the daytime after previous
written notice, to view the condition of the premises and to effect, repairs in necessary parts of the building;
(5) Not make any alterations or additions to the premises without the written consent of the landlord;
(6) Not assign or sublet any part of the premises without the written consent of the landlord; and
(7) Notify the landlord where structural or substantial damage has occurred to any part of the premises as soon as
practicable.
The landlord, on the other hand, enjoys rent, the restricted right to inspect his/her property, and also the right to evict the tenant subject to giving the required length of statutory notices.
The landlord’s obligations according to section 8 of the Law are as follows:
(i) Not to disturb the tenant’s quiet and peaceable enjoyment of the premises.
(ii) Pay all rates and charges as stipulated by law.
(iii) Keep the premises insured against loss or damage.
(iv) Not to terminate or restrict the use of a common facility or service for the use of the premises.
(v) Not to seize any item or property of the tenant or interfere with the tenant’s access to his personal property.
(vi) Effect repairs and maintain the external and common parts of the premises.
In conclusion, it is a known fact that laws are designed to regulate human interaction and in relationships such as a landlord and tenant relationship, it seeks to balance the playing field between both parties in its quest for equity, justice and fairness.