What is a Tenancy Agreement and Why is It Important?
A tenancy agreement is a legally binding contract that governs the relationship between a landlord and a tenant. It outlines the rights and responsibilities of both parties, including key elements such as rent payments, lease duration, property maintenance obligations, and conditions for termination of the tenancy. This agreement serves as a critical document to ensure clarity, reduce misunderstandings, and provide legal protection in case of disputes.
The importance of a tenancy agreement lies in its ability to clearly define the terms of the tenancy, the obligations of both parties, and the legal procedures for termination and eviction. It serves as a reference point for resolving conflicts and ensures that both the landlord and the tenant understand their respective rights and obligations.
However, in many areas of Lagos, particularly in rural communities, landlords and tenants often enter into rental agreements without a formal, written contract. This reliance on verbal agreements—often undocumented—exposes tenants to exploitation, harassment, and illegal practices by landlords, which may include;
- Forced Evictions: Landlords attempting to forcibly evict tenants, especially those in rent arrears, by throwing their belongings out.
- Lockouts: Unlawfully changing the locks on the tenant’s home or the gate of the property to deny access.
- Entry Without Consent: Forcefully gaining entry into the tenant’s residence to harass them.
- Cutting Off Essential Services: Shutting off utilities like water or electricity to pressure tenant into vacating the property.
- Physical Threats and Intimidation: Some landlords employ the services of law enforcement officers or others to intimidate tenants into moving out.
These actions are often carried out without consequence, as many tenants believe they have no legal rights due to the absence of a tenancy agreement.
Are You Protected Without a Tenancy Agreement?
Yes, you are protected! According to Section 3 of the Lagos State Tenancy Law, a tenancy agreement is deemed to exist when a landlord allows a person to occupy their property in exchange for rent, regardless of whether the arrangement is written ( express) or verbal(implied).
This means that as long as you pay rent, the law recognizes you as a tenant with certain rights, even in the absence of a formal tenancy agreement. You are entitled to legal protections, including protection from unfair treatment, illegal eviction, and denial of essential services.
Rights as a Tenant Without a Tenancy Agreement
- Right to Access the Property: Once a tenant has lawfully occupied a property, the landlord cannot change the locks, block access, or enter the premises without the tenant’s consent, even if rent is overdue.
- Right to Essential Services: The landlord cannot cut off essential services, such as water or electricity, to force the tenant out of the property, even if the tenant is behind on rent.
- Protection Against Self-Help Evictions: Landlords are prohibited from forcibly removing tenants or their belongings without a court order. Even when a tenant owes rent, the landlord must follow the legal eviction process.
If a tenant owes rent, the landlord is required to serve a proper quit notice before repossessing the property. The notice period depends on the nature of the tenancy and the frequency of rent payments, as outlined in Section 13 of the Tenancy Law of Lagos State :
- One (1) week’s notice for tenants at will;
- One (1) month’s notice for monthly tenants;
- Three (3) months’ notice for quarterly tenants;
- Three (3) months’ notice for half-yearly tenants and;
- Six (6) months’ notice for yearly tenants.
After the quit notice period has elapsed, the landlord must issue a 7-day notice of intention to recover possession, and if the tenant refuses to vacate, the landlord can then approach the court to obtain an eviction order.
What Are the Legal Penalties for Landlords Who Engage in Illegal Practices?
According to the provision of Section 44 of the Tenancy law of lagos state, any person who in respect of any premises,attempts to forcibly eject or forcibly ejects a tenant,threatens or molests a tenant by action or words, with a view to ejecting such tenant; or willfully damages any premises, shall be guilty of an offense and is liable to;
- A fine not exceeding ₦250,000;
- Up to six (6) months imprisonment;
- Other non-custodial penalties.
Additionally, if a tenant’s property is damaged or they suffer losses due to the landlord’s actions, the court may award damages to the tenant. The court may also issue an injunction to prevent further harassment or illegal conduct by the landlord.
What Should Tenants Do If They Face These Issues?
If you believe your rights as a tenant are being violated, you should take the following steps:
- Document Everything: Keep detailed records of any illegal actions by your landlord. Take photographs or videos, and keep copies of rent receipts and communications as evidence of your tenancy.
2. Report to Authorities: You can report any illegal activities to the Lagos State Rent Tribunal or local authorities. They have the power to intervene and help stop the landlord’s harassment.
3. Take Legal Action: If necessary, seek legal advice or assistance from tenant rights organizations. You may be able to take your landlord to court to seek reinstatement, claim damages for lost property or suffering, and impose legal penalties on the landlord.
Understanding your rights as a tenant can protect you from unfair treatment and provide a clear path to resolving disputes.