Introduction
As a tenant in Lagos State, you may sometimes find yourself dealing with a landlord who doesn’t play by the rules. Some landlords can be quite difficult, using tactics like police intimidation, harassment, and even illegal evictions to try to force tenants out of their property.
While it can feel overwhelming, it’s important to know that the law is on your side. Lagos State has a well-defined legal framework designed to protect tenants from such exploitative and unlawful behavior.
This guide is designed to help tenants understand their rights, handle conflicts with bad landlords, and ensure they are not wrongfully evicted or harassed. By knowing the legal protections available to you under the Lagos State Tenancy Law 2011, you can stand up to these bad landlords without fear.
Common Issues Tenants Face with Bad Landlords
1. Illegal Eviction Attempts (Self-Help): Some landlords may attempt to force a tenant out of the property without following the legal process. This can include changing the locks, cutting off utilities like water or electricity, or physically removing the tenant’s belongings from the premises.
2. Harassment and Intimidation: Some landlords harass tenants by threatening them, either directly or through the police, in an attempt to frighten them into vacating the premises.
3. Refusal to Repair or Maintain the Property: In some cases, landlords neglect necessary repairs or intentionally create discomfort in the living environment to frustrate tenants, forcing them to leave.
4. Unjust Rent Increases or Demands: Some landlords will increase the rent without proper notice or demand additional fees without just cause, using this as a tactic to push tenants out.Scenario 1: Landlord Resorting to Self-Help
Consider a situation where a tenant returns home to find the locks changed by the landlord. The landlord is using this method to force the tenant to vacate the property without going through the legal process. This is a clear case of self-help, which is illegal under the Lagos State Tenancy Law.
Under Section 15 of the Lagos State Tenancy Law 2011, a landlord cannot evict a tenant without following due process. The law mandates that a landlord must serve a Notice to Quit and follow the correct legal channels if they want a tenant to leave. Any attempt by the landlord to take matters into their own hands without a court order is illegal and can be challenged in court.
What to Do: If your landlord changes the locks or attempts to evict you through self-help, do not engage in a confrontation. Instead, immediately report the matter to the police and seek legal assistance from a lawyer who specializes in landlord-tenant disputes. The court can order the landlord to allow you back into the property and, in some cases, award you damages for the unlawful eviction attempt.
Scenario 2: Landlord Using Police Intimidation
In another case, let’s imagine a landlord using the police to intimidate a tenant. The landlord might accuse the tenant of fictitious offenses, trying to pressure them into leaving the property. Some landlords go as far as having tenants arrested or harassed by the police, hoping that the fear of police involvement will force the tenant out.
It’s crucial to understand that the police should not be used as a tool for civil disputes such as rent disagreements or tenancy matters. If your landlord uses the police to harass or intimidate you, you can defend yourself by knowing that such actions are not legal.
What to Do: If the police are involved, calmly explain that the issue is a civil matter, not a criminal one. You should also contact a lawyer immediately. A property lawyer or one familiar with landlord-tenant law will know how to handle such situations and can write to both the landlord and the police, ensuring your rights are protected. Additionally, you can report the matter to the Lagos State Rent Tribunal or the Lagos State Tenancy Advisory Council, which provides protection and advice for tenants.
Scenario 3: Landlord Refusing to Make Repairs
It’s a common issue where the landlord refuses to carry out essential repairs, leaving the tenant to live in substandard conditions. For example, a leaking roof, broken plumbing, or faulty electrical wiring can make life unbearable. Some landlords intentionally delay repairs, hoping the tenant will get frustrated enough to leave.
The Lagos State Tenancy Law provides that landlords are responsible for maintaining the property in a condition that is safe and fit for habitation. Under Section 14, landlords are required to keep the property in good repair, and failure to do so can be reported to the relevant authorities.
What to Do: If your landlord refuses to make necessary repairs, first write to the landlord formally requesting the repairs. Keep a copy of the letter for your records. If the landlord still fails to act, you can file a complaint with the Lagos State Tenancy Advisory Council or take the matter to court. In some cases, tenants have been able to withhold rent until the repairs are carried out, but this should only be done after obtaining legal advice.
Scenario 4: Landlord Increasing Rent Without Notice
Imagine a landlord suddenly increasing rent without providing sufficient notice. This can put tenants in a difficult position, especially if the increase is unreasonable. The Lagos State Tenancy Law requires landlords to give tenants adequate notice before any rent increase. For yearly tenants, a notice period of 6 months is required, while monthly tenants must receive at least 1 month’s notice.
What to Do: If your landlord increases the rent without following the proper notice period, you can refuse to pay the new rent and continue paying the old amount until the notice period is properly observed. If the landlord tries to intimidate or evict you over this, it becomes a legal matter that can be addressed in court.
Know Your Rights as a Tenant
As a tenant in Lagos State, you have specific rights under the law that protect you from exploitation and unfair treatment by your landlord. Here are some key protections under the Lagos State Tenancy Law:
• Right to Proper Notice: You must receive proper notice before eviction or a rent increase. The landlord cannot arbitrarily remove you from the property without following the due legal process.
• Protection from Illegal Eviction: Under Section 15, you cannot be evicted without a court order. If your landlord attempts to remove you through self-help, you can take legal action to protect your rights.
• Right to a Safe and Habitable Home: The landlord is responsible for maintaining the property in good condition. If your landlord refuses to make repairs, you have the right to demand them or take legal action.
• Right to Peaceful Enjoyment: You have the right to live in the property without harassment, intimidation, or interference from the landlord.How to Protect Yourself
1. Know the Law: Familiarize yourself with the Lagos State Tenancy Law 2011. This law outlines your rights and responsibilities as a tenant and ensures that landlords cannot take advantage of you.
2. Document Everything: Keep records of all interactions with your landlord, including written requests for repairs, rent payments, and any notices or letters. This documentation will be crucial if the matter escalates to legal proceedings.
3. Engage a Lawyer: If your landlord is using intimidation or self-help to try to force you out, immediately engage a property lawyer who specializes in landlord-tenant disputes. A lawyer will guide you through the legal process and help you fight back against any unlawful actions.
4. Seek Redress through the Lagos State Tenancy Tribunal: If you believe your landlord is acting unlawfully, you can file a complaint with the Lagos State Tenancy Tribunal. This tribunal is set up specifically to handle disputes between landlords and tenants and can offer a fair resolution to your case.Final Thoughts
Dealing with a bad landlord can be frustrating and intimidating, but it’s important to remain calm and follow the legal processes. The Lagos State Tenancy Law provides numerous protections for tenants, and you should not be afraid to exercise your rights. Avoid confrontations and harassment, and always remember to document everything. Engaging a lawyer early in the process will give you the best chance of resolving the matter in your favor.
If you are facing issues with a difficult landlord, don’t wait until the situation escalates. Reach out to a property lawyer or the Lagos State Tenancy Advisory Council today for legal advice and protection. You deserve to live in a safe and comfortable environment without fear or intimidation.
Contact Us
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