Renting a home or business space in Nigeria comes with specific legal protections for tenants. Whether you are renting an apartment in Lagos, a shop in Kano, or a house in Abuja, knowing your rights as a tenant helps prevent exploitation, ensures a fair rental experience, and safeguards you from illegal evictions or unfair practices by landlords.
In this article, we will break down tenant rights in Nigeria, covering:
- Legal protections under Nigerian tenancy laws.
- The rights and responsibilities of tenants.
- What to do if your landlord violates your rights.
- How to resolve disputes legally and professionally.
Understanding Nigerian Tenancy Laws
Tenant rights in Nigeria are primarily governed by the Tenancy Law of Lagos State (2011), which serves as a model for other states. However, tenancy agreements and property laws can vary depending on the state, so it is essential to check local regulations.
The key laws protecting tenants include:
- Tenancy Law of Lagos State (2011) – Protects tenants from unfair eviction and excessive rent increases.
- The Land Use Act (1978) – Governs land ownership and property transactions in Nigeria.
- Rent Control & Recovery of Premises Act – Regulates rent increases and eviction processes in some states.
1. Right to a Written Tenancy Agreement
A tenancy agreement is a legally binding contract between the landlord and the tenant, outlining the terms of the rental arrangement. Nigerian law requires that:
- Tenants be provided with a written tenancy agreement (except for tenancies under six months).
- The agreement should specify the rent amount, duration, security deposit, and responsibilities of both parties.
- Tenants should review and understand the agreement before signing.
Tip: If your landlord refuses to provide a written agreement, insist on one or get legal advice before paying rent.
2. Right to Peaceful Enjoyment of the Property
Once rent is paid, tenants have the right to quiet and peaceful enjoyment of the rented property. This means:
- The landlord cannot harass or disturb the tenant unnecessarily.
- The tenant has a right to privacy—the landlord cannot enter the premises without notice except in emergencies.
- Landlords cannot seize tenant property for unpaid rent (this is illegal).
If a landlord frequently disturbs a tenant’s peace or enters without permission, the tenant can take legal action.
3. Right to a Habitable and Safe Property
Every tenant has the right to a safe, habitable, and structurally sound rental property. The landlord is responsible for:
- Ensuring the property is in good condition before renting it out.
- Providing basic amenities such as plumbing, electricity, and secure doors/windows.
- Carrying out major repairs (except damages caused by the tenant’s negligence).
If a property is unsafe, unhealthy, or unlivable, the tenant can report the issue to housing authorities or take legal steps.
4. Right to Fair Rent and Protection from Arbitrary Rent Increases
The Rent Control & Recovery of Premises Act protects tenants from excessive rent increases, though enforcement varies by state. Landlords cannot:
- Increase rent arbitrarily without prior notice.
- Raise rent in the middle of a lease term.
- Charge rent beyond what is reasonable for the area.
Tenants should always negotiate rent and request receipts for all payments.
5. Right to Proper Notice Before Eviction
Evictions must follow legal procedures. A landlord cannot evict a tenant without proper notice or by force. The required eviction notice period depends on the rental term:
- Weekly tenants: 7 days’ notice.
- Monthly tenants: 1-month notice.
- Quarterly or half-yearly tenants: 3 months’ notice.
- Yearly tenants: 6 months’ notice.
If the tenant refuses to leave, the landlord must obtain a court order for eviction. Forceful eviction, removal of doors, or cutting off utilities is illegal.
6. Right to Refund of Security Deposit
Many landlords request a security deposit (usually equal to 1-2 months’ rent). Tenants have the right to:
- A full refund if they leave the property in good condition.
- Deductions only for damages beyond normal wear and tear.
If a landlord refuses to refund the deposit, the tenant can take legal action or involve a tenancy dispute resolution body.
7. Right to Legal Action Against Unfair Treatment
If a landlord violates a tenant’s rights, the tenant can:
- Report to the Rent Tribunal (available in some states).
- File a case in court for unlawful eviction or property neglect.
- Seek mediation through local housing authorities or lawyers.
Common legal cases include:
- Illegal eviction cases where the tenant was forcibly removed without proper notice.
- Breach of contract cases if the landlord does not provide agreed services or amenities.
- Rent disputes where excessive charges or wrongful deductions are made.
8. Right to Assign or Sublet (If Allowed in Agreement)
Tenants can sublet or assign their lease if it is permitted in the tenancy agreement. However, the landlord’s written consent may be required.
9. Right to Withhold Rent for Major Repairs (In Some Cases)
If a landlord refuses to fix major, necessary repairs, a tenant may withhold rent only if allowed by law or after a court order. This right is limited in Nigeria, so tenants should seek legal advice before doing so.
How to Handle Landlord-Tenant Disputes
Disputes between tenants and landlords are common. If a tenant faces issues like unfair eviction, high rent increases, or lack of maintenance, they should follow these steps:
- Communicate in writing – Clearly state the issue and request a solution.
- Gather evidence – Keep all receipts, agreements, and photos of damages.
- Engage a mediator – If communication fails, seek help from a lawyer or local tenancy dispute board.
- Take legal action – If mediation fails, report to a Rent Tribunal (if available) or file a case in court.
Common Tenant Mistakes to Avoid
Many tenants unknowingly waive their rights due to lack of knowledge or poor documentation. Avoid these mistakes:
- Not reading the tenancy agreement before signing.
- Paying rent without getting a receipt.
- Accepting verbal agreements instead of written contracts.
- Not reporting maintenance issues in writing.
- Vacating without proper notice, which can lead to loss of deposit.
Final Thoughts
Understanding tenant rights in Nigeria helps renters protect themselves from unfair treatment and enjoy their rented homes or business spaces without stress. The most important things to remember are:
- Always have a written tenancy agreement.
- Ensure you receive receipts for rent payments.
- Know your right to fair rent, legal eviction procedures, and property maintenance.
- If a landlord violates your rights, report to the appropriate authorities or seek legal redress.
By staying informed and proactive, tenants can secure their rights and ensure a positive renting experience in Nigeria.
Need Help with Your Tenancy Rights?
If you have concerns about your rental agreement or feel your rights are being violated, seek legal advice or report to the relevant housing authorities in your state.