LANDLORD AND TENANT RELATIONSHIP
Who is a Landlord and Who is a Tenant.
A landlord is a person who owns and rents or lease land such as a house, apartment or real estate to an individual or corporate organization. Tenant is a person who pays a fee to the owner of a property for the use or possession of the property for a certain period. A tenant may also be called “lessee”. A tenant can also be described as a person who holds or possesses lands or tenements by any kind of title, either in fee, for life, for years or at will. The agreement between a landlord and a tenant is called a lease or tenancy agreement.
The landlord and tenant relationship originates from feudalism. It is a social system based on personal ownership of landed property and personal fealty between a suzerain (Lord) and a vassal (Subject). The vassal pledges his services to the lord in exchange for right to live and work on the land.
Consequently, a relationship of landlord and tenant is essentially created. And like in any relationships there is bound to be issues between a landlord and his tenant(s). It is in consequence of this that all State Governments enacted laws to control and moderate and regulate the landlord and tenant relationships. In Lagos State, the landlord and tenant relationship is regulated by the Tenancy Law which came into force on 24th day of August 2011. Recovery of Premises Act (RPA) is applicable in Abuja.
CONDITIONS FOR ESTABLISHMENT OF LANDLORD TENANT RELATIONSHIP
The landlord and tenant relationship exists in the following conditions:
1. The landlord has title to the property;
2. The landlord consents to letting the demised premises to the tenant;
3. The tenant acknowledges the landlord as the owner of the property and that he has title to the property;
4. The landlord transfers possession and control of the premises to the tenant for a certain period of time;
5. The tenant pays a specific fee to the landlord for the use of the premises;
6. The tenant receives a limited right to use the premises;
7. There must be an agreement to rent or lease.
WRITTEN BY: CHAMAN LAW FIRM TEAM
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