Introduction
For many people, renting a property is one of life's most significant commitments. Whether it is a residential apartment, a commercial space, or a shared accommodation, a tenancy relationship creates legal rights and obligations for both the landlord and the tenant.
Unfortunately, many tenants are unaware of the protections afforded to them by law. This lack of awareness often leads to unlawful evictions, harassment, arbitrary rent-related disputes, and other avoidable conflicts.
The law does not regard a tenant as a mere occupant of property. Once a tenancy is lawfully created, the tenant acquires enforceable rights which the courts are prepared to protect. As the legal maxim goes, ubi jus ibi remedium—where there is a right, there is a remedy.
This article examines some of the everyday rights every tenant should know and how these rights operate in practice.
1. The Right to Peaceful Enjoyment
One of the most fundamental rights of a tenant is the right to peaceful enjoyment of the rented premises.
This means that once possession has been granted, the tenant is entitled to occupy and use the property without undue interference from the landlord or third parties claiming through the landlord.
A landlord cannot continuously harass a tenant, disconnect essential services, intimidate occupants, or otherwise interfere with the tenant's lawful use of the premises.
The covenant for quiet enjoyment is a well-established principle in landlord-tenant law and is implied in many tenancy relationships.
2. The Right to Proper Notice Before Eviction
A common misconception among landlords is that ownership of property automatically entitles them to remove a tenant whenever they wish.
The law says otherwise.
Before recovering possession from a tenant, a landlord must generally comply with the applicable legal requirements relating to notices and recovery procedures.
The courts have consistently frowned upon attempts by landlords to evict tenants without following due process.
In the celebrated case of Ihenacho v. Uzochukwu (1997) 2 NWLR (Pt. 487) 257, the Supreme Court emphasized the necessity of complying with statutory procedures in matters relating to recovery of possession.
A tenant cannot ordinarily be ejected merely because a landlord desires immediate possession.
3. The Right to Privacy
Although the landlord retains ownership of the property, the tenant enjoys possession during the tenancy.
Consequently, landlords are generally expected to respect the privacy of tenants and avoid arbitrary entry into the premises.
Except where emergencies exist or where the tenancy agreement provides otherwise, reasonable notice should ordinarily be given before entering the property.
A rented apartment remains the tenant's home, and privacy forms part of the dignity and security the law seeks to protect.
4. The Right to Habitable Premises
Tenants are entitled to premises that are reasonably fit for the purpose for which they were rented.
This includes basic standards of safety, sanitation, and habitability.
Where serious structural defects, dangerous conditions, or major failures affect the usability of the premises, a landlord may have obligations to address such issues depending on the terms of the tenancy and applicable laws.
A tenancy relationship should not expose tenants to avoidable dangers or unhealthy living conditions.
5. The Right to Fair Treatment
The law discourages oppressive conduct by either party.
Threats, harassment, unlawful lockouts, intimidation, confiscation of belongings, or attempts to force a tenant out through extra-judicial means are generally unacceptable.
The courts have repeatedly condemned self-help measures in landlord-tenant disputes.
In Ojukwu v. Military Governor of Lagos State (1986) 1 NWLR (Pt. 18) 621, the Supreme Court strongly denounced self-help and emphasized that parties must resort to lawful processes rather than taking the law into their own hands.
Although the case was not strictly a tenancy matter, its principle remains highly relevant: no person should become a judge in his own cause.
The maxim nemo judex in causa sua remains an enduring guide.
6. The Right to Due Process
Closely connected to fair treatment is the right to due process.
Landlords and tenants alike are entitled to have disputes resolved through lawful procedures.
The legal maxim audi alteram partem—hear the other side—underscores the importance of fairness and procedural justice.
Whether the issue concerns rent arrears, breaches of tenancy terms, or recovery of possession, lawful procedures should be followed.
The rule of law demands no less.
7. The Right to Documentation and Proof of Payment
Prudent tenants should insist on proper documentation.
Written tenancy agreements, receipts, payment confirmations, notices, and correspondence can prove invaluable when disputes arise.
In legal proceedings, documentary evidence often carries substantial weight.
A tenant who keeps accurate records places himself or herself in a stronger position should litigation become necessary.
8. The Right to Seek Legal Redress
When a tenant's rights are violated, the law provides remedies.
Depending on the circumstances, a tenant may seek relief through negotiation, mediation, administrative channels, or the courts.
Available remedies may include injunctions, damages, declarations of rights, or orders restraining unlawful conduct.
The law is not merely a set of rules; it is also a mechanism for protecting legitimate interests and correcting injustices.
Responsibilities of Tenants
While tenants enjoy numerous rights, they also owe corresponding obligations.
These include:
- Paying rent as agreed;
- Using the premises responsibly;
- Avoiding nuisance to neighbours;
- Complying with lawful terms of the tenancy agreement;
- Maintaining the property in accordance with agreed obligations.
Rights and responsibilities are two sides of the same coin. A responsible tenancy relationship requires compliance from both landlord and tenant.
Conclusion
Knowledge of tenant rights is one of the most effective tools for preventing exploitation and resolving disputes.
Understanding concepts such as peaceful enjoyment, proper eviction procedures, privacy, fair treatment, and due process can help tenants navigate challenges confidently and lawfully.
As the maxim pacta sunt servanda reminds us, agreements must be kept. Equally, those agreements must be enforced within the framework of the law.
Whether you are a tenant seeking to protect your interests or a landlord aiming to comply with legal requirements, obtaining timely legal advice can often prevent disputes from escalating into costly litigation.
This article is provided by Sun Natha-Alade & Partners for general informational and educational purposes only. It does not constitute legal advice and should not be relied upon as a substitute for professional legal counsel. Laws and legal procedures may vary depending on the facts and circumstances of each case.
Readers are encouraged to seek specific legal advice regarding their particular situation before taking or refraining from any action based on the contents of this article.
At Sun Natha-Alade & Partners, we are committed to providing practical and effective legal solutions in landlord-tenant matters, tenancy disputes, recovery of premises, property management issues, and related real estate concerns. Our team stands ready to guide clients through every stage of the process, ensuring that their rights are protected and their interests properly represented.
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