How landlords can lawfully tackle erring tenants

By Vivian Onyebukwa

Over the years, issues between landlords and tenants have not been easy ones. A visit to some law courts, the customary courts precisely, showed a good number of such cases handled everyday by the customary court judges. A number of tenants have related some of their ugly experiences in dealing with their landlords.

A businessman, Mr Uche Goodwill lives somewhere in Ajegunle, Lagos. He recalled, with regrets, how his landlord came to his apartment one early morning accompanied by touts. He then proceeded to, alongside the toughies he brought, and forcefully removed the roof. His offence? He had failed to vacate his two-room apartment after he was issued a one-month notice. “The landlord came one Sunday morning to inform us that he wanted to renovate the building, therefore we should all vacate. While we were still preparing to go because it was not easy to get a rented apartment in Lagos under that short notice, the next thing we saw was that he came and removed the roof without considering our lives and the danger it could pose to us,” Mr Goodwill said.

Mr Davidson Okpara who lives in Ijegun, Lagos equally complained bitterly of how the landlady extorts money from the tenants through electricity bills. She said: “The landlady lives in that same building. No tenant has the privilege to see the estimated electricity bills. She asks each tenant to pay any amount she wants on the bill without questioning. Of course, any interrogation could lead to the prompt issuance of a quit notice by the landlady. So everybody keeps quiet”, said Mr Okpara.

In Lagos, one Mrs Nkoyo Ekah, a widow and mother of three who lives in Ijesha, lamented how the landlord always forced them to pay land use charge by the government. She said each time the Lagos State government comes to enforce payment, the landlord would not listen to them if they inform him. He would always tell them to contribute money and pay, stating that after all they are the ones living in the compound.

“The last time we called him when the government came, he said it’s none of his business. How can we be taking care of his responsibility as a landlord?” Mrs Ekah queried.   

Professionals speak

Mrs Wuraola Oluwatoyin Taiwo, a human rights activist, highlighted some of the issues around landlord and tenant problems. She mentioned the tenancy agreement as one of the key issues that must be involved between a landlord and a tenant.

“Before moving in, there must be a clear agreement between the landlord and tenant. This document outlines the terms of the tenancy and must be properly understood. Many tenants pay for agreements and agency fees but fail to collect or review the agreement document, leaving them vulnerable”.

Another right which she mentioned is the use of the property under tenancy. She said a tenant is entitled to peaceful use of the premises. “Issues such as lack of electricity, water, or environmental problems should be addressed as stipulated in the agreement”.

Eviction is another important aspect, according to Mrs Taiwo.  She said a landlord cannot evict a tenant arbitrarily. There must be proper notice, and eviction must follow due legal process through the courts, she averred. In her words, a landlord cannot simply give a tenant a few days’ notice verbally.

She further explained that if a tenant is unable to secure a new place before the expiration of a valid eviction notice, the law allows the tenant to return to court to request an extension. However, if a valid court order exists and has been executed, the tenant may have limited options. “In cases where landlords unlawfully eject tenants or throw out their belongings without a court order, the tenant can seek legal redress and claim damages. We handle such cases regularly, sometimes weekly. In many instances, disputes are resolved through dialogue once both parties understand their rights and responsibilities. We see such cases frequently, sometimes weekly”.

Mr Paul Nwokemodo, a real estate lawyer, in the course of his practice, said he had handled many landlord-tenant issues. In his words, the primary and most common cause of these disputes is rent payment. He said if tenants pay their rent in one bulk sum and in advance, they will usually have a smooth relationship with the landlord. “However, when tenants pay in arrears or in bits, it often leads to conflict. In such situations, landlords may want them to vacate the premises.

He emphasised that in most cases where tenants pay in advance and in full, landlords hardly have issues with them.

“That is the most common cause of landlord-tenant disputes. There are, however, situations where landlords attempt to eject tenants for reasons unrelated to rent. In such cases, we sometimes go to court to stop unlawful eviction. But if you examine most disputes closely, they are tied to rent payment. If tenants make it a priority to pay rent on time, in advance, and in bulk, the frequency of disputes could reduce by at least 50 to 70 per cent, and possibly up to 90 per cent. According to the law, a responsible and respectable tenant is one who pays rent as and when due. That is the only definition recognised,” he said.

He continued by saying that even the Supreme Court acknowledges that rent is central to most landlord-tenant issues. He noted that when tenants pay properly, landlords are more likely to consult them before increasing rent. A tenant should also monitor prevailing rent in the area and prepare for possible increases, he added.

“It is rare for a landlord to eject a tenant who pays rent consistently. In one recent case, a landlord complained about a tenant damaging walls by driving nails without permission. Although the tenant paid rent promptly, his conduct caused friction. The appropriate legal advice was to wait until the rent period was nearing expiration before issuing notice.

“There are also rare cases unrelated to rent. For example, a landlord needed to carry out major structural repairs after discovering water damage in a building. Contractors insisted that all tenants vacate the premises to allow proper work. In such cases, tenants may be asked to leave, not due to misconduct but to facilitate necessary repairs. However things must be done properly, he further asserted.

Groups creating awareness

With the increase in the issues of landlords and tenants, Esther Child Right Foundation, a non-governmental organisation, organised a one-day seminar titled, “The right of A Tenant”. The programme which took place in Lagos, was aimed at enlightening the masses on the rights of a tenant.

The Founder of Esther Child Right Foundation. Mrs Esther Obioma Ekwem who was host at the programme, lamented the increased cases of landlords and tenants which she said, have become a daily thing.  “Before, I was facing a lot of domestic violence, and child abuse cases, but nowadays landlords and tenants issues are becoming rampant”, Mrs Ekwem said.

Recalling her experiences with the number of tenants and landlords cases, she said: “Recently, about three tenants came to our office to ask for more time from their landlord to give them a little time to move out. I invited the landlord who even came with his lawyer. The lawyer promised to get back to me. Then I pleaded with the lawyer that, for no reason should anyone take the law into in his hand because that is why courts are there. When you give a notice and people do not go when they are supposed to, give them a court order.  But what these people did was to take the law into their hand by removing the roof of the house.  So, what we did was to inform the lawyer who filed an application in the court.  Any moment from now, they will serve them, because removing a roof is a crime under the law. What if the rains come now and the roof is leaking?”.

Mrs Ekwem blamed landlords who even go as far as cutting off the electricity and water supply from the apartments even when the tenants are still paying money for electricity and water.  “You don’t have any right to cut a tenant off. If you are tired of the tenant, do the needful by giving a quit notice. If they refuse to go, take them to court. Court will decide. Instead, you’re taking the law into your hands, putting people in darkness. Most of these people have families and children,” Mrs Ekwem said.