At one particular period or the other, we are either land lords or tenants. There have been untold hardships on both the Landlord and the Tenant. On the landlord, when he needs to evict or collect rent from a tenant; on the tenant who faces numerous hardship from a mean landlord.

Certain laws in Nigeria such as Recovery Of Premise laws of various States In Nigeria and Rent Control Laws provides for rights, liabilities, power and it's extent of tenants and landlords. These laws are sometimes technical in application.


This discussion is aimed at simply guiding both the landlord for the purpose of recovery of premise and rent; and the tenant on his rights and remedies under the law. Albeit to state that the Recovery Of Premise Laws jealously protect tenants in Nigeria with zeal.



Who is a Tenant under the Law?

A tenant is any person occupying occupying premise, whether on payment of rent or otherwise but does no include a person occupying a premise under a bonafide claim to be the owner of the premise.
Payment of rent is not a determinant factor of tenancy; what is of essence in law is possession or occupation, which must be lawful.

An agreement between tenant and landlord or terms for which possession is obtained is essential; a breach of such term may be a ground for reposession against the tenant.

Where a man rents an apartment, his wife, children and other relative living in the house with him are riding on his back and are seen as tenants together.


Where there is nothing in the tenancy agreement prohibiting sub letting or bringing friends, relative or uncle's son sister's father to live with him, he can do so without amounting to a breach of agreement or contract.


It is wrong for a landlord to attempt to evict a tenant because he does not physically reside on such property but his parents, friend e.t.c. So far such ground is not over crowding.




Sub letting

A Tenant can sublet if:

1. The agreement specifically allows him to

2. The agreement is silent on it or no express prohibition is made

3. The agreement requires consent of the landlord which as obtained



If there is a prohibition in the agreement a tenant can't sublet. Where the consent of a land lord is needed to sublet, such landlord must not withhold his consent unreasonably or on unreasonable grounds; unless ................Read more Visit www.legalify.ng/blog