Rights Of A Tenant And House Owners In Nigeria
It isn’t exceptional to observe the occupant and landowner ‘battles’ in Nigeria. There is consistently that occupant battling the landowner or that proprietor who is only difficult to manage. Whichever it might be, it regularly comes down to absence of correspondence or the two gatherings not being all around educated about the privileges of an occupant and landowner in Nigeria.
Some of the time it is us being people with our disparities since all fingers are not approach. What’s more, different occasions it is an individual encroaching on the other individual’s right, of which most occasions the landowner sees himself as better than the occupant. This isn’t to say there aren’t inhabitants who break their agreements marked in the proprietor and occupants understandings. Nonetheless, the Nigerian law is widely inclusive and human welfare arranged that the law proceeded to give a torrential slide of rights, obligations, and benefits for the two gatherings. The law characterizes the rights, obligations, benefits, powers, and cures open to the two inhabitants and proprietors.
Here are a portion of the rights open to occupants as secured by the tenure law in Nigeria, today;
1 RIGHTS OF A TENANT
A RIGHT TO A WRITTEN AGREEMENT
B RIGHT TO ISSUANCE OF RECEIPT OF PAYMENT
C RIGHT TO PEACEFUL ENJOYMENT OF PROPERTY
D RIGHT TO A VALID QUIT NOTICE
E RIGHT TO A COMPULSORY (7) SEVEN DAYS NOTICE TO RECOVER PREMISES
2 RIGHTS OF A LANDLORD
A RIGHT NOT TO ISSUE A QUIT NOTICE
B RIGHT TO RENEW TENANCY
C RIGHT TO REVIEW RENT
D RIGHT NOT TO REIMBURSE A TENANT
Privileges OF A TENANT
RIGHT TO A WRITTEN AGREEMENT
Each occupant regardless of his status or area in Nigeria has the option to an understanding. Understandings, then again, can be oral or composed. Notwithstanding, it is exhorted that understandings between the two gatherings are composed on the grounds that what is composed is composed and can generally be introduced as references. The inhabitant is relied upon to experience the understandings altogether before marking. This will help the two gatherings to plot their terms and conditions. Tenure understandings are to contain in subtleties the names of a landowner and his inhabitant; as gatherings to the occupancy understanding. The land or house to be leased should be depicted in subtleties; indicating its area and fundamental highlights. The span of the occupancy, the lease payable and the date at which such lease would become payable ought to be expressed. The modalities for investigating rent value (increase in cost) ought to be incorporated. Prior to consenting to any arrangement, a planned inhabitant is educated to look for the administration with respect to a specialist to separate any hazy terms in the tenure understanding.
Peruse How To Write An Ideal Eviction Letter
RIGHT TO ISSUANCE OF RECEIPT OF PAYMENT
The receipt of installment is an affirmation from a landowner (or his operator) that he has gotten lease from an occupant. It must contain the name of the proprietor and the inhabitant, the sum paid and the date of such installment. The property for which such installment is made, the length that such installment will cover and the mark of the beneficiary should likewise be on the receipt. It is a noteworthy offense to decline to give a receipt for lease paid and got. It is your privilege as an occupant to be given an endless supply of lease. Where the installment is just a piece of the entire, it ought to likewise be receipted and same expressed. Recollect a composed understanding supported by the proprietor before an observer that he has gotten a lease from his inhabitant will get the job done. Regardless of how commonplace, well disposed, corporative and minding your landowner is, if you don’t mind consistently interest for receipts of your paid rents to protect your tomorrow.
RIGHT TO PEACEFUL ENJOYMENT OF PROPERTY
At the point when an inhabitant pays his lease and is given a receipt, it is the landowner allowing him the privilege to tranquil satisfaction in the property. When this is done, he decides the passageway, utilization, wellbeing and can even sue for trespass against any trespasser; outsiders, landowner and his operators. The proprietor, be that as it may, can oversee and keep up the property for the most part, yet with the information on the inhabitant and inside sensible hours of the day.
RIGHT TO A VALID QUIT NOTICE
An occupant can’t be tossed out of his condo except if there is a severe consistence by his proprietor with of significant Recovery of Premises Law. Recuperation of Premises Law gives that a legitimate “quit notice” of a proprietor’s aim to end/quit the occupancy of the inhabitant must be composed and served on the inhabitant. The measure of time given to the occupant, regardless of whether week after week, month to month, yearly, relies upon his lease. Along these lines it is prompted that an occupant completely read the tenure understanding before marking as some may even transfer ownership of their privileges for a ‘quit notice’. Keep in mind, obliviousness isn’t a reason in law. A legitimate “quit notice” must contain the name of the landowner, the name of the inhabitant, the location of the property involved by the occupant, the date the notification will start and date it will end.
RIGHT TO A COMPULSORY (7) SEVEN DAYS NOTICE TO RECOVER PREMISES
Since the occupant is ensured by the Nigerian tenure law, the proprietor can’t simply request that the inhabitant quit without giving a Seven Days Notice to Recover. The “Seven (7) days Notice of Owner’s Intention to Recover Premises” is a notification from a landowner’s legal advisor informing an inhabitant upon whom a “quit notice” had been served and same had lapsed; that the attorney will following seven (7) days from the date of the administration of the Notice continue to court to recoup the over-held premises in the interest of the proprietor.
Talked about above are a portion of the privileges of an occupant secured by the Nigerian law. Also, as there are laws ensuring the inhabitant, the proprietor has laws securing his privileges under the Nigerian law as well. The following are a portion of the privileges of a proprietor in Nigeria.
Privileges OF A LANDLORD
RIGHT NOT TO ISSUE A QUIT NOTICE
This must be the bone of dispute of numerous contentions among inhabitants and proprietors, for the most part in cases whereby a landowner just issue a Seven (7) Days Notice to Recover Premises. Actually, a proprietor has the option to give a quit notification and furthermore a privilege not give a quit notification. Occurrences, when a landowner can choose not to give a ‘quit notice’, are the point at which an occupant has deferred his entitlement to a quit notification while consenting to the tenure arrangement or when the inhabitant has broken as written in the understanding (utilizing a property leased for private reason for business reason) or a circumstance whereby an inhabitant doesn’t pay three (3) months lease in succession. Whichever the case is, the landowner is as yet legally necessary to give a Seven Day to Recover Premises.
RIGHT TO RENEW TENANCY
This is one that really gives the proprietor authority over is property, however it must be unmistakably expressed from the beginning. A privilege to ‘Occupancy Renewal Clause’ ought to be remembered for the tenure understanding before the two gatherings put pen to paper. When the inhabitant concurs and the terms are concurred – time to apply for tenure restoration and method of utilization, the landowner isn’t ordered to reestablish an occupant’s lease. This is a decent route for proprietors to get rid of a non-conventionalist.
RIGHT TO REVIEW RENT
Each proprietor is in for business and point is certainly to make benefits. What’s more, in light of the fact that everything is consistent to change with the exception of progress itself. A proprietor can choose to increment is tenure rate on the off chance that he wishes. In spite of the fact that it must be in line in the range concurred in the ‘Lease Review Clause’. Be that as it may, the new addition doesn’t influence an inhabitant during a current tenure.
RIGHT NOT TO REIMBURSE A TENANT
Most occasions, the inhabitant feels the proprietor owes him in the wake of making fixes in the house and this frequently lead to battles. In all actuality, the landowner has the privilege not to repay an inhabitant. He is possibly required to repay an inhabitant when the fix is shrouded in their underlying understanding. This is the reason before consenting to the occupancy arrangement, the two gatherings ought to choose who fixes what and what.
With a portion of the rights recorded above, either as an inhabitant or landowner, you ought to have the option to recognize your privileges when next you get include or witness an ‘occupant proprietor’ battle. You can likewise impart your perspectives to individual PropertyPro.ng perusers.