Introduction
The relationship between a landlord and a tenant is one of the most common legal relationships in society. Whether the property is residential, commercial, or mixed-use, the law seeks to maintain a balance between the rights of landlords and the protections afforded to tenants.
Unfortunately, disputes often arise because one or both parties are unaware of their legal rights and obligations. While public discourse frequently focuses on tenant rights, landlords equally enjoy significant legal protections that deserve attention.
As the Latin maxim aptly states:
"Ubi jus ibi remedium" — Where there is a right, there is a remedy.
This principle reminds us that every legally recognised right carries with it an avenue for enforcement and protection.
This article highlights the key rights of landlords and offers practical guidance on maintaining healthy and legally compliant relationships with tenants.
Understanding the Rights of a Landlord
1. The Right to Receive Rent
Rent is the consideration paid by a tenant for the use and occupation of a property. Consequently, one of the most fundamental rights of a landlord is the right to receive rent as agreed under the tenancy agreement.
Where a tenant fails to pay rent when due, the landlord may pursue lawful remedies available under the tenancy agreement and applicable laws.
The courts have consistently recognised rent as a central obligation in every tenancy relationship.
2. The Right to Peaceful Enjoyment of Ownership
Although a tenant enjoys possession of the premises during the tenancy period, ownership remains vested in the landlord.
A tenant must not commit acts that substantially interfere with the landlord's proprietary rights or cause permanent damage to the property.
The law distinguishes between possession and ownership. While possession may temporarily pass to the tenant, title remains with the landlord unless otherwise transferred.
3. The Right to Inspect the Property
Landlords are generally entitled to inspect their properties periodically to ensure that the premises are being properly maintained and used in accordance with the tenancy agreement.
However, this right must be exercised reasonably. Except in emergency situations, reasonable notice should be given before entering the premises.
The law encourages a balance between the landlord's interest in preserving the property and the tenant's right to privacy and quiet enjoyment.
4. The Right to Recover Possession
Where a tenancy expires, or where a tenant breaches fundamental terms of the tenancy agreement, a landlord may seek recovery of possession.
However, the recovery process must follow the procedure prescribed by law.
In the celebrated Nigerian case of Ojukwu v. Governor of Lagos State (1986) 1 NWLR (Pt. 18) 621, the Supreme Court strongly condemned self-help and emphasized that parties must not take the law into their own hands. Although the case was not a landlord-tenant dispute, it has become a leading authority on the principle that lawful procedures must always be followed before depriving a person of possession.
Thus, landlords should avoid:
- Locking tenants out of premises;
- Removing tenants' belongings without authority;
- Disconnecting essential services; or
- Using threats, intimidation, or force.
The rule of law demands otherwise.
5. The Right to Enforce Tenancy Terms
A tenancy agreement is a legally binding contract.
Consequently, landlords are entitled to insist that tenants comply with the agreed terms regarding:
- Payment of rent;
- Maintenance obligations;
- Permitted use of the premises;
- Subletting restrictions; and
- Other contractual commitments.
The principle of "Pacta Sunt Servanda" — agreements must be kept — remains a cornerstone of contract law.
Courts generally uphold freely negotiated agreements unless they are illegal, unconscionable, or contrary to public policy.
Conducting a Healthy Relationship with Tenants
Possessing legal rights is important; exercising those rights responsibly is even more important.
Many landlord-tenant disputes can be prevented through professionalism, communication, and mutual respect.
1. Always Use a Written Tenancy Agreement
A properly drafted tenancy agreement serves as the foundation of a successful tenancy relationship.
It clearly outlines:
- The rights of both parties;
- Rent obligations;
- Duration of tenancy;
- Maintenance responsibilities;
- Termination procedures; and
- Dispute resolution mechanisms.
A written agreement often becomes the most important piece of evidence when disputes arise.
2. Communicate Clearly and Professionally
Many conflicts originate from misunderstandings rather than deliberate wrongdoing.
Landlords should communicate expectations clearly and maintain written records of important discussions, notices, and agreements.
Professional communication often resolves issues before they escalate into legal disputes.
3. Respect Tenant Privacy
Upon commencement of a tenancy, the premises become the tenant's lawful residence or place of business.
The tenant is entitled to quiet enjoyment of the premises without unnecessary interference.
Landlords should avoid unannounced visits and should respect reasonable privacy expectations.
This principle reflects the common law doctrine of quiet enjoyment, which protects tenants from undue interference during their lawful occupation.
4. Carry Out Necessary Repairs Promptly
Property maintenance is not merely good practice; it is often a legal necessity.
Failure to address serious defects may expose landlords to disputes, claims, and potential liability.
Prompt repairs:
- Preserve property value;
- Enhance tenant satisfaction;
- Reduce long-term maintenance costs; and
- Minimise legal exposure.
5. Avoid Self-Help Remedies
One of the most costly mistakes landlords make is resorting to self-help measures when disagreements arise.
No matter how frustrating a dispute may become, landlords should rely on lawful procedures and professional legal advice.
The courts have repeatedly demonstrated their unwillingness to endorse actions that circumvent due process.
As another important maxim teaches:
"Audi Alteram Partem" — Let the other side be heard.
The principles of fairness and due process remain central to every lawful dispute resolution process.
6. Treat Tenants Fairly
Fairness, transparency, and professionalism contribute significantly to stable tenancy relationships.
A respectful tenant is often the product of a respectful landlord.
Where parties treat each other with dignity and act in good faith, disputes become less frequent and easier to resolve.
Conclusion
Successful property management requires more than collecting rent. It demands an understanding of legal rights, contractual obligations, and practical relationship management.
Landlords who understand and lawfully exercise their rights are better positioned to protect their investments while fostering productive relationships with tenants.
Likewise, tenants who appreciate their obligations contribute to a more harmonious and mutually beneficial tenancy arrangement.
At Sun Natha-Alade & Partners (SNATHAP), we regularly advise and represent landlords, tenants, property owners, property managers, and businesses on tenancy-related matters. Whether you require assistance with tenancy agreements, recovery of possession, rent recovery, property disputes, or general property law advisory services, our team is available to provide practical and effective legal solutions tailored to your needs.
Disclaimer
This article is provided solely for informational and educational purposes. It does not constitute legal advice and should not be relied upon as a substitute for professional legal consultation. Readers are encouraged to seek specific legal advice regarding their individual circumstances before taking any action based on the information contained herein.
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