Daily Law Tips (Tip 760) by Onyekachi Umah, Esq., LL.M, ACIArb(UK)
“Punishment for Tenant that Forces Landlord Out” may sound unpopular when compared to “Punishment for Landlord that Forces Tenant Out”. In reality, there are situations where tenants are very cantankerous to the extent of seeking to perpetuate their stay without rent or to escape with unpaid rent. The Nigerian law has punishment for tenant that forces landlord out (ie, unlawfully retaking possession premises from landlord). For every wrong, there is a remedy.
Unlawful Repossession of Property:
Where there is a dispute arising from a tenancy agreement, parties are to seek justice in court. A landlord is always a landlord and there is no way a tenant will take over the property of a landlord. No matter the duration of a tenancy relationship or the sum paid as rent or the failure of a landlord to repair property, a tenant cannot forcefully take over the property of a landlord.
A landlord can recover his property from a tenant by approaching a court of law for an order for repossession of property. Courts will not grant such orders without hearing the case of landlord and that of his tenant. Also, ahead of such hearing a landlord is expected to have served a “Notice to Quit” and a “Notice of Owner’s Intention to Recover Possession”. However, there are few cases where a landlord does not need to issue a “Notice to Quit” to a tenant. It is based on evidence placed before a court, that a court will grant a landlord repossession of property and also order tenant to vacate the property.
Where a court grants an order of repossession to a landlord, the tenant can appeal the judgment, where the tenant believes there is injustice in the processes of the court that led to the order. If there is no appeal, then the tenant must obey the order of court and vacate the premises, so that the landlord can repossess his property.
There are cases where after an order of court (judgment) grants repossession to landlord, tenant refuses to vacate the property or the tenant vacates but returns to retake the property. This is a foolish violation of an order of court. Where there is an order of court, there, is the power of government. One that disregards a landlord that has an order of court, is one that has disregarded a court and the powers of government. For every action there is a consequence and for every violation of an order of court, comes sanctions.
It is a criminal offense for a tenant that has vacated a property following an order of court to unlawfully retake possession of the property from the landlord. It is an offence punishable with a fine of One Hundred Naira (N100.00) or imprisonment for six (6) months or both. This is the punishment in Abuja, the Federal Capital Territory and this punishment differs from what is obtainable in some states in Nigeria.
Conclusion:
Arguably, since there are more tenants than landlords in Nigeria and the poverty lines are expanding, one may hear more disturbing stories of harsh landlords. It does not mean that tenants are saints. There are cases where tenants have dealt mercilessly with their landlords; escape with unpaid rents, maliciously damage property, sublet property, accumulate utilities and even fraudulent sell or attempt to sell the property of their landlords. So, both landlords and tenants need legal protection, since man is naturally greedy and self-seeking.
Where for any reason, a tenant vacates a property sequel to an order of court, the tenant has no right to seek to forcefully repossess such property from the landlord. The punishment for such is a fine or imprisonment or both. While the imprisonment is 6 months, the fine is N100.00 and with minimum wage at N30,000.00, the fine is too poor. The fine of N100.00 cannot deter crime. The federal legislatures must amend the 1945 law on landlords and tenants in Abuja (Recovery of Premises Act) to flow with present day realities. And, state legislatures must also do same for their states.
Source: https://thenigerialawyer.com/punishment-for-tenant-that-forces-landlord-out/
