How to Protect Your Rights as a Tenant

A tenant is not in possession of the demised premises at the mercy of the landlord. He is not in possession of the demised premises at the whims and caprices of the landlord. The landlord cannot impose anything he likes on the tenant. The tenant has a bundle of legal rights that must be protected.

Tenancy agreement is an agreement where both landlord and tenant protect their rights and interests. If a tenant doesn’t know his rights, he may not know when they are infringed upon. And even when he knows that his rights have been trampled upon, he may not know how to go about seeking redress.

The landlord cannot eject a tenant anyhow. There is a very strict procedure he must observe before ejecting tenant. If this procedure is not completely observed by the landlord, the landlord’s act will amount to wrongful ejection, which will give tenant the opportunity of remaining in occupation until the landlord follows the procedure.

If you are a tenant, you must know your rights. You must know how to protect your rights from being infringed upon, what to do when your rights are infringed upon and what to do when you are unlawfully ejected.    

Here is an e-book that contains everything you need to know to protect your rights and to curtail the excesses of the landlord. The e-book is titled: “TENANT’S TREASURY - How to Protect Your Rights as a Tenant.” Code: B2 (3). Written by an experienced legal practitioner, the e-book is invaluable to every tenant. Here are what you will learn from the e-book:

• Requirement of a valid tenancy.

• Secret of protecting your rights and interests.

• Covenants that must be inserted in the tenancy agreement to protect your rights as a tenant

• Legal obligations of tenant to landlord and why he must discharge these obligations.

• Know the laid down procedure for ejecting tenants. 
•  Know what to do when this procedure is not fully observed.

•  Know why the law protects the tenant more than the landlord and why you should not abuse this protection that the law is granting you.

• Know the statutory grounds which the landlord can use to recover his premises from you.

• Know when quit notice is valid and when it is invalid. Know the action to take when quit notice is invalid

• Know the reliefs available to tenant whenever the landlord breaches his rights.

Price: N1,500

How to Order

Pay N1,500 into the following account:

Bank: UBA

Account Name: Adaji Sunday

Account Number: 2015569824

After payment, text your payment details to: 07061016859. Remember to include the code of the eBook. The code is: B2 (3). The payment details you will text to us will look like this:

Name/email/amount/code/teller No/date          

Example: sunny/conqueror.adaji30@gmail.com/N1,500/B2 (3)/78901/27/5/13 

On confirmation of your payment, your order will be sent to your email box where you will download or print out and read.  

How to Protect Your Rights, Interests and Property as a Landlord

Landlord/tenant matter remains a common case in our courts today. If you are a landlord, you will agree with me that the amount you spend on litigation is a bit expensive. But do you know that there are some legal tips you need to acquire to enable you avoid costly legal mistakes? Do you know that even though you have a very good case against your tenant, you can seriously mar your case, if you take wrong steps?

Like the tenant, you also have your rights, interests and property to protect? But there are strict procedures for doing these. You cannot do things any how or the way you want it. To avoid incurring the wrath of the law, strict compliance with laid down procedures is required.

For details on what you need to know as a landlord in order to protect your rights, interests and property, order the e-book titled LANDLORD’S TREASURY – How to Protect Your Rights, interests and Property Under Nigerian Jurisdiction. Code: B3 (1). Written by a an experienced legal practitioner, this e-book deals extensively at statutory provisions which must be complied with by both landlord and tenant, failure of which will spell some disaster to the defaulting party.

Here are benefits the landlord, caretaker or estate agent stand to gain from the e-book:

• Requirements of a valid tenancy agreement.

• Secret of protecting your rights, interests and property.

• Covenants that must be inserted in the agreement.

• Two essential clauses that must be inserted in the agreement and their importance.

• Legal obligations of landlord to the tenant.

• How to eject your tenant without incurring the wrath of the law. 
•  When to issue quit notice.

• Reliefs available to landlord.

• Statutory grounds that the landlord can establish to recover his premises from the tenant.

• Reliefs available to tenant where the landlord breaches the express terms of the covenants

• Secrets of managing your properties without stress.

Price: N2,000

How to Order

Pay N2,000 into the following account:

Bank: UBA

Account Name: Adaji Sunday

Account Number: 2015569824

After payment, text your payment details to: 07061016859. Remember to include the code of the eBook. The code is: B3 (1). The payment details you will text to us will look like this:

Name/email/amount/code/teller No/date          

Example: sunny/conqueror.adaji30@gmail.com/N2,000/B3 (1)/78901/27/5/13 

On confirmation of your payment, your order will be sent to your email box where you will download or print out and read.  

Lokoja Properties

FCT Property Finders is glad to inform you that it is also offering its services in Lokoja, the capital of Kogi State.

So, whether you are a prospective tenant seeking property to rent/lease or buy or you are a property developer, manager, landlord or vendor, wishing to sell your properties, FCT property Finders is ever ready to render quality real estate agency service to you.

We link buyers and sellers of properties and facilitate QUICK and GENUINE transactions.

Our role as middleman helps to ensure equity, trust, and credibility. We are committed to rendering real estate agency service to all and sundry in Lokoja and beyond.

For details about our real estate agency service, contact:

Barrister Sunday Adaji,

Akubo & Co.,

No.1, Okene/Kabba Road,

Lokongoma Phase 1 Junction,

Lokoja, Kogi State, Nigeria.

Call Barrister Sunday Adaji: 07061016859. 

Email: fctpropertyfinders@gmail.com; conqueror.adaji30@gmail.com.

The Facts about Tenancy Agreement

Whether you are a landlord or tenant, a written tenancy agreement or deed of lease, as the case may be, is indispensable, and must be given proper attention.
It is not enough that there is a written tenancy agreement... what is important is the content of the agreement, because even when there is a written agreement, there may still be some issues that ought to be addressed which were not covered by the agreement. In addition, it is possible to get yourself committed to certain issues, which, ordinarily, you would not have wanted to make yourself bound. But because you did not give it proper attention, you make yourself bound by the written agreement. So, there is the need to be cautious, meticulous, and attentive when entering into tenancy/lease agreement.
The Essentials
These are terms of the agreement which even some illiterate persons know, which are often inadvertently overlooked in the agreement. In addition, it is possible to have taken note of them, yet, in the course of reducing them into writing, they are omitted. And since the court would always construe the agreement as they are written, the omission may affect either party negatively. Ambiguity can also spell dispute between the parties.
In any tenancy/lease agreement, it is important to consider these questions:
Who is the landlord or prospective tenant? What is his address? What is the nature of the tenancy, is it a one-year, two-year, four-year, or ten-year tenancy? When does the tenancy commence? And when does it expire? As party to the agreement, has your terms and covenant been properly represented in the agreement? What about the rent agreed upon? Has any rent been paid or partly paid? If yes, how much is it and what period does the rent covers? Can the tenant assigns, transfers, or sublet? Who is to insure the premises- the landlord or the tenant? Should rent review clause be inserted? What about option to renew tenancy agreement?
These are some of the issues to be deliberated upon by both parties and they must ensure that they are included in the written agreement.
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• Where tenancy is for a fixed period of say 4 – 10 years or more, ensure that the agreement is made by deed. This is in compliance with the provision of the law. A deed of lease is simply a document that is signed, sealed and delivered by both parties to the agreement.
• Know what you are signing. Do not rush to sign any document until have carefully peruse it. Ensure that the written statements represent the agreement you have entered into.
• Where there is any ambiguity or anything left out, point them out and ensure they are properly addressed before signing the agreement/lease.
• Check your obligations or covenants in the agreement/lease. Do they work hardship on you; I mean is it what you have agreed to in the course of the agreement? You have a chance of properly addressing it before you sign the agreement/lease.
• Last but not the least, you consult your lawyer. I put it as my last point because we have a tendency to do things in our own way without consulting our lawyer.

Owning a Home of Your Own

Although it is not a crime to be a tenant, it is really not advisable to remain a tenant for life.
Owning a home should be one of the priorities in your agenda list. It should be a long term goal that you pursue with vigour and with enthusiasm.
Doubtless, there are obstacles tending to hold us back from owning our own home. But the truth is that there is no obstacle that can hold you back, if you make up your mind to have a house of your own. Making up your mind implies that you are very serious about it. And what would make a person desirous of having a house of his own when he can just rent a house and remain a tenant?
There are several reasons owning a home should be preferable:
To start with, housing is one of the three basic necessities of man, the other two being food and clothing. If you strive to feed and clothe your family and yourself, remember that you ought to strive to own a home of your own. Nelson Mandela, former South African president said: “If a man has not built a house, he has not got a home.” The house a person rents cannot be said to be his own. He only has possession of it during the period of the tenancy. Once the tenancy expires, the landlord can take possession of his property, unless there is an agreement to renew the tenancy.
Secondly, you owe yourself and your family a duty to have a home of your own. It is said that a good man leaves inheritance for his children’s children. So, at least, for the sake of our children and children’s children, it is advisable that every one of us should strive to build our own house.
A friend told me some time ago that one of the things his father did that pleased him was the house he built for them before he died.
Thirdly, owning your own house saves you the trouble of paying rent regularly. If you live in cities like Abuja, Lagos, Kano, or Portharcourt, you will agree with me that the exorbitant rent paid there is incredible. Tell me, if you can pay such exorbitant rent regularly, don’t you think you build your own house with that amount? You only need to start saving regularly and later commence your building project. You build as the money comes.
Further, owning your own house saves you the trouble and embarrassment of landlord or landlord’s wife. People who live in the same house with landlord will agree that more often than not, they have no peace of mind because of one problem or the other.
Again, even if you have built your own house already or you are inheriting one, , nothing stops you from building another house or houses and putting them. The rent you earn is a great source of income. I was told of a landlord who does no other jobs than building houses all around and putting them on rent. He earns his living as a super landlord.
Finally, owning a home of your own is a great way of preparing for retirement. Whether we like it or not, old age will set in, and during that time it is not advisable to remain a tenant. For this reason, now is the time to start planning to own a home of your own.
FINAL WORD: Don’t let the present situation becloud your view or discourage you from building your own house. The most important thing is YOU making up your mind and then sitting down to think of lucrative businesses you can do to generate multiple income for your building project.

Know Your Rights and Obligations as a Landlord

In landlord and tenant agreement, both parties enjoy certain rights and are also bound by some obligations.
In this article, our focus shall be on the rights and obligations of the landlord.
Rights of Landlord
As owner of the property, the landlord is entitled to the following rights:
1 Right to Collect Rent
In consideration of letting the premises, the landlord is entitled to collect rent. He can, therefore, enforce his right by compelling the tenant to pay the rent due.
2 Reversionary Right
On expiration of tenancy, unless there is an option to renew the tenancy, the interest in the property reverts to the landlord. In fact, this is what distinguishes a landlord from the tenant. While a tenant has exclusive possession of the premises while the tenancy lasts; the landlord remains the owner of the property and once the tenancy expires, the interest in the property reverts to him; he takes possession of his property.
3 Right to Enter Premises and Inspect
The general rule is that in any tenancy agreement, the tenant has exclusive possession to the premises and can sue the landlord for trespass. However, there is an exception to this. The exception is that the landlord has the right to enter the premises and inspect the premises for purpose of carrying out repair. So, in this regard, the tenant is under an obligation to permit the landlord to enter the premises.
4 Right to Recover Possession
Where a tenancy expires, the tenant is under obligation to deliver up possession. Where he fails to do so, the landlord can enforce his right to recover possession of his premises.
Now, there is lawful procedure for enforcing this right. You don’t just enter the premises and forcefully eject the tenant from the premises. If you do so, you may be liable for wrongful ejection and damages.
The procedure for recovery of possession is provided by the law and it must be complied with. What the law says is that to recover possession of premises, the landlord must first issue a notice to quit and serve the tenant. The length of notice depends on what was agreed upon in the agreement. But where there is no express agreement to that effect, then, the length of notice depends on what the law says. What the law says is that the length of notice depends on the type of tenancy. If it is a weekly tenancy, a week notice is required; if it is a monthly tenancy, a month notice is required; and if it is a yearly tenancy, it is six months’ notice. After serving the notice and the tenant still remains in occupation of the premises, the owner would then serve a 7-day notice of owner’s intention to recover possession of the premises. If after the 7 days expires the occupier still refuses to deliver up possession, then the owner can apply to court by means of writ or plaint against the occupier.
As one can infer from the procedure above, it is only by court action that the owner of premises can recover possession. Thus, the use of self-help like cutting off tenant’s electricity, removing of roof, and the use of force to throw out the property of the tenant to recover possession from tenant is illegal and unlawful. The proper procedure is to serve the statutory notices and allow the court of law to lawfully eject tenant.
5 Right to Review Rent
Where tenancy is for a long period of time, and the tenant exercises option to renew the tenancy, the landlord has the right to review the rent from time to time, in accordance with the rent at which the premises might be reasonably be expected to be let in the open market by a landlord; or in accordance with the rent at which the premises might, in the opinion of a Registered Estate Valuer, who shall act in respect of the property to be let. To enforce this right, it is advisable that the landlord insert rent review clause in the agreement.
6 Option to Renew
An option to renew is an offer from landlord to tenant stating that at the expiration of the tenancy, the landlord is willing to extend the tenancy as may be agreed upon by both parties. Being an offer to tenant, the tenant must accept it before it can be valid. To make this offer, the landlord may insert the option to renew clause in the agreement.
7 Right of Sale
As owner of property, the landlord has right to dispose of his premises, so far it does not affect the interest of the tenant. However, where the landlord sells the premises, he should endeavour to inform the tenant of the change of ownership.
8 Right to Sue
The landlord has the right to sue the tenant for breach of covenant, recovery of possession, and damages.
Obligations of Landlord
In response to the rights enjoyed by the landlord, the landlord is bound by certain obligations. These obligations include:
1 Obligation to Repair
Unless otherwise stated, the landlord is under obligation to repair structural part of the premises, which include roof, drains, pillars, foundations, staircase, etc. however, the landlord is not under obligation to repair the interior. The tenant is responsible for repair of such interior parts as windows, doors, floor, keys, painting, etc.
2 Obligation to make Premises Fit for Habitation
The landlord is under obligation to make the premises fit for human habitation. A dilapidated house begging for renovation, cannot be said tom be fit for habitation. Premises recently vacated by a tuberculosis patient cannot be said to be fit for habitation.
3 Obligation to Ensure Quite Enjoyment of Premises
The landlord cannot, under any circumstances, enter the premises and cause any disturbance, discomfort, or distraction to the tenant. The landlord is under an obligation to allow the tenant to have quite enjoyment of the premises. Where he fails to do so, the tenant may sue him to recover damages.
4 Option Not t Derogate from Grant
The landlord is under an obligation not to derogate from grant. The landlord must not act in a way that renders the purpose for which the grant was made impossible. In other words, the landlord should not give out with the right hand and later collect what he gives with the left hand.

How to Avoid Acquisition of Defective Title

The issue of defective title comes to play when you are buying land or house from individuals. If you are buying property from the government, you don’t have any cause to worry about the title to the property, because under the Land Use Act, 1978, all lands in the country are vested in the Governors of the 36 states of the federation. In Abuja, the Federal Capital Territory (FCT), the land is vested in the Minister of the Federal Capital Territory. So, in respect of this, you cannot buy a defective title from the government. The certificate of occupancy issued to you is uncontroversial. It is secure.
Recently, a man came to see my colleague. After exchanging pleasantry with us, he informed his friend (my colleague) that he has bought a plot of land somewhere in the South-West for #200, 000. After describing the location of the plot of land he bought, my colleague quickly raised an alarm: “You have been duped”, she said. “I also have plots of land there; virtually, all the lands in the area have been bought; moreover, you cannot buy a plot of land in that area for #200, 000,” my colleague concluded.
Cases like this are rampant. Often, fraudsters sell lands that do not belong to them. When they are paid, they disappear. When buying a land or house, you must do your due diligence to ensure that the vendor has good title to it, because in the eye of the law, you cannot give or sell what you don’t have.
You don’t buy land or house as though you are buying yam in the market. You must do your due diligence. Note that at times, when a person has thought he has done his due diligence, the title to the land may eventually be discovered to be defective, which means the vendor is not the owner of the property.
It is against this background that this article is written. There are procedures to followed when you want to buy property from individuals
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Below are some of the things you should do to avoid being duped by fraudsters:
• If the property is family property, you must first seek the consent of the principal members of the family. One member of the family cannot on his own dispose of family property because the property is not his.
• If the land is communal land, ensure you buy the land direct from the village head, district head, or traditional ruler of the village or hamlet.
• Whether the property you wish to buy is communal land, family land or individual-owned land, after you have been assured of the authenticity of the title to the property, you should still move round secretly to inquire of the actual owner. Inquire from neighbouring landlords, of the title to the land. Ask them whether there is dispute on the land. Ask the village head; ask the principal members of the family about title to the land you wish to buy. You can also go and physically inspect the property to see if it is free of encumbrance. If it is not, you can ask the vendor to explain why the property is under occupation by people or things.
• At the time of buying entering into agreement to buy communal land, family land, or individual-owned land, ensure you call two or three witnesses to the attest to the transaction. Although the agreement need not be formal, it is still advisable that you reduce the agreement to writing.
• If you are buying property from an individual, you must employ a lawyer. You have no option. All property transactions are handled by lawyers for the following reasons:
a) The law provides that only lawyers can draft such documents of property transactions as contract of sale agreement, deed of lease, power of attorney, etc. it is an offense for a layman to draft these and other documents of transactions;
b) Only lawyers can help you conduct a search of title to the property at the land registry and the probate registry of the high court;
c) Only lawyers can help vendors to pay for stamp duties, help prospective buyers of properties to seek Governor’s consent before acquiring the property;
d) Lawyers also take the trouble to investigate the title, tracing the title back to the first owner of the property; and
e) When you buy a property, it is the lawyer that is responsible for having the property registered at the land registry. Failure to register a title to property renders the transaction inadmissible. Under the Lagos state law, it renders the transaction void.
NOTE: In any property transaction, the applicable rule is: “Nemo dat quo non habet. This means a person cannot give sell or transfer what he does not have. Therefore, where a fraudster sells to you a property that does not belong to him, you cannot lay claim to the property. For this reason, the principle of caveat emptor applies. This means “let the buyer beware.”