Landlords Must Follow Due Process Before Evicting Tenants — Legal Expert

A legal practitioner and human rights activist, Barrister Bankole Solomon, has stressed that landlords in Nigeria cannot evict tenants arbitrarily, insisting that the law provides clear procedures that must be followed before recovering possession of any property. He made this known during an interview on NSTV International's property programme, "My Property, Homes and Shelters," where he discussed landlord-tenant relationships and property rights.

Solomon explained that the right to own property is a fundamental constitutional right available to every adult Nigerian, noting that such property could be acquired through purchase or as a gift. He, however, maintained that while landlords have rights over their properties, tenants also enjoy legal protection under the law. According to him, a tenant is not inferior to a landlord, as both parties are bound by legal obligations and entitled to equal protection.

The legal expert lamented the lack of proper regulation in Nigeria's tenancy sector, saying the situation has encouraged unqualified individuals to operate as property agents, leading to widespread fraud and exploitation of prospective tenants. He urged Nigerians to understand their legal rights and avoid entering tenancy agreements without carefully reviewing the terms.

On rent increases and eviction, Solomon stated that landlords must first issue the appropriate statutory notice before seeking possession of a property. He explained that a yearly tenant is entitled to a six-month notice to quit, while tenants on shorter rental terms are entitled to notices prescribed by law. Where a tenant fails to vacate after the expiration of the notice, he said the landlord must serve a seven-day notice of intention to recover possession before approaching the court. He emphasised that no landlord has the legal authority to forcefully eject a tenant without obtaining a court order.

Speaking further on tenancy agreements and property transactions, Solomon advised prospective tenants and land buyers to engage independent lawyers to protect their interests. He noted that property documents, including deeds of assignment and agreements, should be properly prepared and scrutinised by legal practitioners. He also explained that disputes arising from alleged unlawful eviction would largely depend on the terms contained in the tenancy agreement, particularly where a tenant changes the approved use of a residential property to commercial purposes without the landlord's consent.