In Nigeria, tenant rights refer to the legal protections granted to individuals who rent housing. These rights ensure that tenants are treated fairly by their landlords and have safe living conditions. These rights aim to create a balance of power between landlords and tenants, ensuring that people have a secure and comfortable place to live. These rights include:
1. Right to enjoy the property: As a tenant, you have the right to enjoy the property you're renting and your privacy is protected. Section 37 of the 1999 Nigeria Constitution states, "The privacy of citizens, their homes, correspondence, telephone conversations, and telegraphic communications is hereby guaranteed and protected."
2. Right to basic services and utilities: You have the right to basic services and utilities in the rented property. Section 16 of the 1999 Nigeria Constitution guarantees that the state shall "provide adequate facilities for all citizens." This includes access to essential services like water, electricity, and proper sanitation.
3. Limitations on arbitrary rent increases: Your landlord cannot increase the rent arbitrarily. Section 17 of the 1999 Nigeria Constitution establishes that every citizen is entitled to a fair and just rent. This means that any rent increase should be reasonable and cannot be imposed at any time during the tenancy without proper notice.
4. Responsibility as a tenant: It is important to be a responsible tenant and respect the property rules set by your landlord. This includes taking care of the rented property, paying rent on time, and not engaging in any illegal activities within the premises. Failure to abide by these rules may result in eviction. Section 43 of the 1999 Nigeria Constitution states, "No movable or immovable property or any interest in such property shall be compulsorily acquired except in the manner and for the purposes prescribed by a law that, among other things, provides for prompt payment of compensation."
5. Security deposit protection: As a tenant, you have the right to have your security deposit protected. Section 44 of the 1999 Nigeria Constitution ensures that every Nigerian is entitled to the right to own, enjoy, and dispose of his or her property without interference. This means that your security deposit should be held in trust by the landlord or a designated third party and returned to you at the end of the tenancy, provided there are no damages or outstanding fees owed.
6. Right to repairs and maintenance: You have the right to prompt repairs and maintenance of the rented property. It is the landlord's responsibility to ensure that the property is kept in a habitable condition, free from any major defects or hazards. Section 34 of the 1999 Nigeria Constitution emphasizes the right to dignity of the human person, which includes living in a safe and sanitary environment. If there are any necessary repairs or maintenance issues, it is crucial to notify your landlord in writing so that they can address the problem in a timely manner.
7. Lease agreement transparency: As a tenant, you have the right to a clear and transparent lease agreement. A lease agreement should outline the terms and conditions of the tenancy, including the duration, rent amount, payment terms, and any additional rules or provisions. It should also clearly state the rights and responsibilities of both the landlord and the tenant.Section 15(5)(d) states that the Nigerian state shall abolish all corrupt practices and abuse of power. Lease agreement transparency can fall under the purview of addressing corrupt practices. Also, Section 16(2)(c) sets out the fundamental objectives of the Nigerian state, which include promoting transparency and accountability in public life. Lease agreements involving public or government-owned properties should adhere to these objectives. It is important to review the lease agreement carefully before signing and seek legal advice if needed.
By adhering to these rights and responsibilities, landlords and tenants can have a mutually respectful and harmonious living arrangement.
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