RESOLVE LANDLORD-TENANT DISAGREEMENTS AND LAWSUITS

Landlord-tenant interactions play a crucial role in the domain of property rentals, yet conflicts may emerge due to diverse issues, including rent payment, property upkeep, and lease conditions. If these disputes intensify, they can result in legal proceedings. In Nigeria, there are specific laws and regulations that offer guidance on resolving conflicts between landlords and tenants.

Legal Framework for Landlord-Tenant Relationships:

The fundamental legislation overseeing landlord-tenant relationships in Nigeria is the Tenancy Law, with variations between states. This law delineates the rights and duties of both landlords and tenants, offering a structured approach to dispute resolution. It’s crucial to recognize that the specificity of this law can vary among different states.

Common Landlord-Tenant Disputes:

• Rent Arrears: Failure to pay rent is a frequent source of conflicts. Landlords may pursue the recovery of overdue rent or initiate eviction proceedings for non-payment.
• Property Maintenance: Disputes regarding property maintenance and repairs may arise when landlords neglect to address issues promptly.
• Deposit Disputes: Conflicts over security deposits and their return can escalate to legal proceedings.
• Eviction: Landlords aiming to evict tenants due to lease breaches or the expiration of lease terms might encounter resistance.
• Unlawful Ejectment: Some tenants may claim unlawful eviction if landlords fail to adhere to proper procedures.

Legal Process for Landlord-Tenant Disputes:

• Notice: Prior to taking legal action, landlords must serve appropriate notice to tenants, whether for eviction or filing a lawsuit.
• Alternative Dispute Resolution (ADR): In certain states, mandatory mediation or negotiation may be required before resorting to court proceedings.
• Filing a Lawsuit: If ADR efforts are unsuccessful, either the landlord or tenant can initiate a lawsuit in the relevant court based on the property’s jurisdiction.
• Court Proceedings: Both parties present their cases in court, providing evidence and calling witnesses as necessary.
• Judgment: The court issues a judgment based on the presented evidence and applicable laws.

Challenges in Landlord-Tenant Lawsuits:

• Inconsistent Laws: Disparities in landlord-tenant laws among states may lead to confusion and disparate outcomes in comparable disputes.
• Cultural Practices: Local customs and practices may influence tenant expectations and conflicts.
• Timeliness: The legal proceedings can be time-intensive, impacting the immediate needs of both landlords and tenants.
• Tenant Vulnerability: Tenants, especially those with limited awareness of their rights, may experience vulnerability during disputes.
• Enforcement: Despite securing a judgment, enforcing decisions may prove challenging in some instances.

Avoiding Landlord-Tenant Disagreements:

• Ensure Lease Clarity: Creating detailed and clear lease agreements can forestall misconceptions.
• Consistent Communication: Sustaining transparent communication can resolve issues before they become serious.
• Property Upkeep: Timely maintenance of the property can avert disagreements related to maintenance and repairs.
• Understand Legal Rights: Both tenants and landlords should be knowledgeable about their legal rights and obligations as outlined in the Tenancy Law.

We at Lujosh Properties Limited are well positioned to help you as a landlord to manage your property so that you can have peace of mind with tenant(s) occupying the property, kindly contact us today.