Know Your Rights and Obligations as a Tenant

Over the years, our courts of law have been confronted with avalanche of cases brought before them. Greater proportion of these cases is on landlord/tenant matter. It is either the landlord is instituting action against the tenant or vice versa.
Now, litigation can be reduced to the barest minimum or even averted, if both landlord and tenant are aware of their rights and obligations and strive to keep them.
In this article, we shall be focusing on the rights and obligations of a tenant.
Rights of the Tenant
In consideration of the rents he pays, the tenant enjoys certain rights. Among these rights are:
1 Right to Quiet Enjoyment
The tenancy agreement confers on the tenant the right to quiet enjoyment of the premises he occupies. He is protected by law from any distraction or disturbance emanating from the landlord, landlord’s agent, co-tenants, or any person. The tenant can sue for injunction and for recovery of damages whenever his right to quiet enjoyment is infringed upon.
2 Right to Possession
Where tenancy agreement is executed between the landlord and the tenant, the tenant takes possession of the premises. He has possession of the premises to the exclusion of the landlord and any person.
3 Right to Statutory Protection
The basis of statutory protection enjoyed by the tenant is the fact that the law frowns at ejection of tenants, leaving them on the streets homeless. For this reason, the law provides for procedure for removal of tenants. Thus, where the tenancy has expired and the tenant still remains in occupation, and fails to pay his rent, the landlord cannot eject him anyhow. He must follow the due process to recover his premises. In default of so doing, the tenant may institute action for wrongful ejection and damages.
4 Right to Assign or Sublet
Generally, the law presumes that the tenant has right to assign, transfer, or sublet his interest in the premises. But if it is stated in the agreement that the tenant should not assign, transfer, or sublet, then the tenant cannot do so without the express consent of the landlord.
5 Right to Institute Action
Where any of his rights is infringed upon, the tenant can seek redress in the court of law.
Obligations of Tenant
In order to enjoy all the rights mentioned above, the tenant is required to carry out these obligations:
1 Obligation to Keep the Property in a State of Repair
The tenant is obliged to keep the premises in a good condition. As part of the maintenance, the tenant is required to repair the interior part comprising the doors, windows, floor, key, painting, etc.
2 Obligation to Permit Repair
Although the tenant has exclusive possession of the premises, the law implies that he should permit the landlord to enter the premises to view the premises in order to repair the structural part of the premises, for instance, the roof, pillar, foundation, drains, staircase, lift, etc.
3 Obligation to Pay Rent
In consideration of the premises he occupies, the tenant is under obligation to pay his rent regularly.
4 Obligation to Pay Rates and Taxes
It is the tenant’s obligation to pay rates and taxes in respect of the premises. Examples of such rates are electricity bill, water bill, waste disposal bill, etc.
5 Obligation Not to Alter Premises
The tenant is under obligation not to alter the premises or make improvements on it, unless the landlord’s consent is sought and heard.