What tenant means
A tenant is somebody with a legal right to occupy property that belongs to another person.
That right comes from the tenancy, whether or not anything was written down. It is not a favour and it is not permission that can be withdrawn at will. For as long as the tenancy runs, the tenant is entitled to occupy the property and to be left in peace while doing so.
Which is exactly why removing a tenant requires notice and a court, not a locksmith.
How it is used
The tenant's core rights in Nigeria are quiet enjoyment of the property, receipts for rent paid, proper notice before the tenancy is ended, protection from arbitrary rent increases, and a refund of the caution fee where no damage was caused.
The corresponding duties are to pay rent when due, use the property as agreed, avoid damage beyond fair wear and tear, and hand it back at the end.
Key features
- Holds a legal right to occupy, not merely permission
- Entitled to quiet enjoyment without unreasonable interference
- Entitled to receipts for rent paid
- Entitled to statutory or agreed notice before the tenancy ends
- Entitled to a refund of the caution fee where no damage was caused
- Cannot lawfully be evicted without a court order
How this works in Nigeria
Tenancy type decides notice, and most Nigerians renting flats are yearly tenants entitled to six months where the agreement is silent. That surprises both sides regularly.
On rent increases, the Lagos Tenancy Law 2011 prevents a landlord from arbitrarily increasing rent without proper notice, and an unreasonable increase can be challenged.
The most important protection is against self help. A landlord who changes locks, removes the roof, cuts power or throws out belongings is acting unlawfully, and the tenant has a claim regardless of whether rent is owed.
Tenant vs licensee vs squatter
A tenant has exclusive possession of the property for a term, in exchange for rent, and enjoys the protections of tenancy law.
A licensee has permission to use the property without exclusive possession, for example somebody occupying a room in a house the owner also lives in. Licences are easier to end than tenancies.
A squatter has no permission at all. All three can be found occupying property, but the process for recovering possession differs for each, and using the wrong one costs the owner months.
Limits and risks
A tenant who stops paying rent is in breach, and while that does not permit self help eviction, it does give the landlord grounds to recover possession through the proper process.
Tenants also generally cannot alter the property, sublet, or use it for a purpose other than agreed, without the landlord's consent where the agreement requires it.
Worth knowing
Photograph every room on the day you move in and email the photographs to the landlord or agent the same day. That single email decides most caution fee disputes two years later.