We all know that searching for an apartment in any country can be an overwhelming task. It is filled with so many risks, and usually, you’d find that either the houses within your budget do not meet your standards or the ideal ones are way above your budget, dealing with multiple agents who you don’t trust, and dealing with multiple unexplained fees etc. Now, just imagine going through all of that pressure and not being aware of your rights as a tenant after getting an apartment. Sad, right?

There are specific laws that provide protection for tenants. So, when you finally find your dream place, you need to be sure that your rights are protected, that is why we took our time to list out the rights tenants are entitled to, so as to ensure that tenants have a safe, clean place to live.

1.     Right to receipt of payment

Once you have paid your rent, you are entitled to be issued with a receipt of payment signed by the landlord, or his lawyer. The receipt should include, the amount paid, the location of the property, and the duration of the tenancy. For instance, failure to issue a receipt of payment is an offence in Lagos under the Lagos Tenancy Law and there is a penalty for any landlord who fails to issue it.

2.     Right to a written tenancy agreement

As a tenant, you are entitled to request from your landlord that you have a written tenancy agreement, even though the law permits for oral tenancy agreement, because that way, it is easier to prove a case in the court of law. A tenancy agreement is an important document because it basically outlines the terms of your tenancy in the property. However, ensure the written agreement is fit for the purpose of the contract you plan on entering into. There’s nothing safer than having your lawyer go through it to make sure it represents all your interests.

3.     Right to a Habitable Premises

One of your important tenant’s rights is to a habitable residence. This means that the property which you are renting has to be fit for the purpose of which you are renting it whether it is for residence or office work, without dangerous conditions and with usable heat, utilities, and water. Regardless of how much you paid or what type of building you are renting, your landlord owes you all the rights mentioned above as the law is very clear on these terms Your landlord is required to make any necessary repairs to keep your premises in suitable condition.

 

An important component of tenant’s legal rights is the right to privacy. Your landlord cannot come into your resident without notice. The safest way to avoid being exploited by landlords is to ensure that you are armed with a lawyer and a real estate agent right from the negotiation to the conclusion stage. if for any reason during the course of your tenancy the premises becomes inhabitable e.g. due to flooding, or damaging to some essential utilities, you can request that the landlord put the premises in a habitable state, if he/she refuses you are entitled to end the tenancy and demand a refund of your rent.

4.     Right to Notice to Quit before eviction

As a tenant you are entitled to be given notice before you are evicted from your premises.

The notice varies based on the type of tenancy agreement you have – A one-year (or above) tenancy will require at least a notice of 6 months, a one-month tenancy will require a minimum notice of one month, a one-week tenancy will require a minimum notice of one week.

After this, you are also entitled to a 7-days’ notice to recover possession. If all of these aren’t carried out, the landlord will not have the right to an action for eviction in court

5.      Right to 7days’ Notice to Recover Possession

 Apart from the notice to quit, all tenants are entitled to receive 7 days’ notice to recover possession; this is issued by a landlord only after a validly issued notice to quit has expired. This is a critical part of the eviction process, and therefore if this is not issued, the landlord cannot bring an action for eviction.

6.      Rights Regarding Eviction

Landlord-tenant law allows your landlord to evict you if you breach the lease, and also if you fail to pay your rent, have people or animals living with you which are not allowed, or if you commit a crime on the premises.

7.     Right to exclusive possession

The moment you sign a contract with the landlord, you have exclusive rights to the property pending the period of your tenancy. In which, your landlord has no right to enter into your apartment without your permission. Doing so is considered to be trespassing. Even maintenance of the property has to be done with your approval because of your exclusive possession during the duration of your tenancy. You also have the right to use the property as you wish subject to the covenants agreed in the contract.

8.     Be a Wise Tenant

To protect your renter’s rights, be sure to read your lease carefully so you understand what you are agreeing to. Take photos before you move in, so as to have record/evidence of the the condition of the property. Try to develop open communication with your landlord and report any repairs that are needed as quickly as possible.

Responsibilities As A Tenant

Your landlord must give you at least 24 hours’ notice to enter the property unless it’s an emergency and they need immediate access.

As long as they’re asking to visit at a reasonable time of day and have provided the appropriate amount of notice, you must allow them access to carry out inspections and undertake any maintenance work. Unless they specifically ask, you probably won’t have to be present to allow them entry.

In addition to this, your responsibilities as a tenant mean that you must:

·        Taking care of the property in the absence of the landlord. This includes not causing any damage to the property while you reside in it.

·        Pay the agreed amount of rent on time even if you’re in disagreement with your landlord or waiting for repairs

·        Pay all other charges and bills outlined in your tenancy agreement, which may include, utility bills, licence fees, etc. 

·        Pay for any damage that’s been caused by you, other tenants or guests (including family and friends)

·        Only sublet your property if the tenancy agreement states that you may do so

If you don’t meet these responsibilities or are found to be in breach of your tenancy agreement, then your landlord has the right to take legal action to evict you. This would be a last resort and a scenario that neither you nor the landlord want.

To ensure that it doesn’t get to that stage, make sure you read your tenancy agreement in full and, if you’re unsure about anything it contains, speak to your landlord or letting agent