Daily Law Tips (Tip 726) by Onyekachi Umah, Esq., LL.M, ACIArb(UK)

Introduction:
Several times landlords ask for the punishments for tenants. Landlords inquire about fines and imprisonment terms for tenants that breach tenancy agreements. Also, tenants wonder about the punishment for landlords in their tenancy relationship. Tenants want unruly to landlords and their agents to be punished. So, both landlords and tenants believe there must be criminal sanctions for the other.
Tenancy Rights and Punishments:
Where there is a landlord and a tenant, there is a tenancy relationship, whether there is payment of rent or not. A tenancy agreement can be written or oral. Written agreements can now be made via exchange of messages on social media (like, WhatsApp, text message), emails and even recorded video or voice notes. Any of the parties (landlord or tenant) can approach a court for enforcement of a tenancy agreement.

Aside whatever any landlord and tenant may agree to do in a tenancy agreement, there are certain compulsory clauses and positions that the laws in Nigeria have made to be mandatory contents of every tenancy agreement in Nigeria. So, whether a tenancy agreement is written or not, the statutory provisions bind landlords and tenants. Example of such legal positions are; (1) A tenant is entitled to a “Notice to Quit” (2) a tenant is entitled to “Notice of Owner’s Intention to Recover Premises” and (3) a tenant cannot be evicted or thrown out of a property without a court order. Where there is a dispute relating to tenancy between a landlord and a tenant, the dispute can be resolved in a court of law. Tenancy disputes cannot be settled in a police station or in any other law enforcement office.

Punishments, fines and imprisonment are criminal sanctions for courts to order after considering criminal cases. Tenancies and Tenancy disputes are not criminal matters. Hence, there cannot be a criminal trial of a tenancy matter and as such there cannot be punishments, fines and imprisonment in tenancy matters. There are no criminal sanctions in tenancy matters. There are no punishments for landlords and tenants in Nigeria under their tenancy agreements.

However, it is not unusual to find landlords and tenants that are involved in crimes. Wherever and whenever there is a crime involving a landlord, a tenant or arising out of a tenancy relationship, it is a crime and not a mere tenancy dispute. A crime is a crime, whether it involves a landlord, a tenant or both. Like any other person, landlords and tenants in Nigeria are liable for any criminal offence they commit. Often, there are violation of fundamental human rights among landlords and tenants in Nigeria. Every violation of human rights is a breach of the constitution of Nigeria, and often also criminal offences. Violation of human rights and criminal offences are punishable with punishments (fines, imprisonment and even death).

Conclusion:
Tenancies and disputes between landlords and tenants are civil matters. They are not criminal matters and as such they will never result to any punishment, fine or imprisonment. Hence, Landlords and tenants in Nigeria have no punishments, fines and imprisonment for any civil misunderstanding/dispute arising from tenancy relationships.

My authorities, are:
1. Sections 1, 2, 3, 6, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45 and 46 of the Constitution of the Federal Republic of Nigeria, 1999.
2. Sections 1, 2, 4, 6, 7, 8, 9, 10, 13, 19 and 20 of the Recovery of Premises Act 1945, Laws of the Federation of Nigeria (ABUJA) and other similar tenancy laws across the states in Nigeria.
3. Onyekachi Umah, “Why Tenant Should Accept Letters & Notices From Landlord” (LearnNigerianLaws.com, 20 January 2021) <https://learnnigerianlaws.com/why-tenant-should-accept-letters-notices-from-landlord/> accessed 31 January 2021.
4. Onyekachi Umah, “Tenants & Squatters Can Sue Landlords For Violation of Human Rights” (LearnNigerianaws.com, 18 September 2020) <https://learnnigerianlaws.com/tenants-squatters-can-sue-landlords-for-violation-of-human-rights/> accessed 19 January 2021.
5. Onyekachi Umah, “Should Landlord Stop Rent-Owing Tenants from Moving Out?” (LearnNigerianLaws.com, 26 August 2020) <https://learnnigerianlaws.com/should-landlord-stop-rent-owing-tenants-from-moving-out/> accessed 19 January 2021.
6. Onyekachi Umah, “Covid-19 and Landlords: Can Government Force Landlords not to Eject Tenants?” (LearnNigerianLaws.com, 15 April 2020) <https://learnnigerianlaws.com/covid-19-and-landlords-can-government-force-landlords-not-to-eject-tenants-daily-law-tips-tip-548-by-onyekachi-umah-esq-llm-aciarbuk/> accessed 19 January 2021.
7. Onyekachi Umah, “House Rent and COVID-19: Can Landlords Evict Tenants?” (LearnNigerianLaws.com, 7 April 2020) <https://learnnigerianlaws.com/house-rent-and-covid-19-can-landlords-evict-tenants-daily-law-tips-tip-542-by-onyekachi-umah-esq-llm-aciarbuk/> accessed 19 January 2021.
8. Onyekachi Umah, “Landlords Are Entitled To Rent Sum Even Where Notices To Quit Are Served On Tenants“ (LearnNigerianLaws.com, 23 October 2018) <https://learnnigerianlaws.com/daily-law-tips-by-onyekachi-umah-esq-tip-211-landlords-are-entitled-to-rent-sum-even-where-notices-to-quit-are-served-on-tenants/> accessed 19 January 2021.
9. Onyekachi Umah, “Rights of Tenants and Landlords in Nigeria” (LearnNigerianLaws.com, 2 September 2018) <https://learnnigerianlaws.com/rights-of-landlords-and-tenants-in-nigeria/> accessed 19 January 2021.
10. Onyekachi Umah, ““After A Property Occupied By Tenants Is Sold, Who Should Such Tenants Hold Responsibile?” (LearnNigerianLaws.com, 16 July 2018) <https://learnnigerianlaws.com/daily-law-tips-by-onyekachi-umah-esq-tip-142-after-a-property-occupied-by-tenants-is-sold-who-should-such-tenants-hold-responsibile/> accessed 19 January 2021
11. Onyekachi Umah, “Estate Surveyors and Valuers Cannot Prepare Tenancy/Land Documents” (LearnNigerianLaws.com, 30 November 2020) <https://learnnigerianlaws.com/estate-surveyors-and-valuers-cannot-prepare-tenancy-land-documents/> accessed 19 January 2021.
12. Onyekachi Umah, “How To Prove Payment of Rent and Who Must Prove It.” (LearnNigerianLaws.com, 1 October 2020) <https://learnnigerianlaws.com/how-to-prove-payment-of-rent-and-who-must-prove-it/> accessed 19 January 2021.
13. Onyekachi Umah, “Can a Landlord Increase Rent During Economic Hardship?” (LearnNigerianLaws.com, 8 September 2020) <https://learnnigerianlaws.com/can-a-landlord-increase-rent-during-economic-hardship/> accessed 19 January 2021.
14. Onyekachi Umah, “Should a Landlord Remove Roof of a Tenant For Failure to Pay Rent/Pack out?” (LearnNigerianLaws.com, 3 August 2020) <https://learnnigerianlaws.com/should-a-landlord-remove-roof-of-a-tenant-for-failure-to-pay-rent-pack-out-daily-law-tips-tip-624-by-onyekachi-umah-esq-ll-m-aciarbuk/> accessed 19 January 2021
15. Onyekachi Umah, “Should a Landlord Lock Gates/Doors of a Tenant for Failure to Pay Rent/Pack Out ?” (LearnNigerianLaws.com, 29 July 2020) <https://learnnigerianlaws.com/should-a-landlord-lock-gates-doors-of-a-tenant-for-failure-to-pay-rent-pack-out-daily-law-tips-tip-620-by-onyekachi-umah-esq-ll-m-aciarbuk/> accessed 19 January 2021.
16. Onyekachi Umah, “Should a Landlord Cut-off Tenant from Water/Electricity Supply for Failure to Pay Rent/Pack Out?” (LearnNigerianLaws.com, 17 July 2020) <https://learnnigerianlaws.com/should-a-landlord-cut-off-tenant-from-water-electricity-supply-for-failure-to-pay-rent-pack-out-daily-law-tips-tip-612-by-onyekachi-umah-esq-ll-m-aciarbuk/> accessed 19 January 2021.
17. Onyekachi Umah, “Can a Landlord Increase Rent Without Consent of his Tenant?” (LearnNigerianLaws.com, 9 June 2020) <https://learnnigerianlaws.com/can-a-landlord-increase-rent-without-consent-of-his-tenant-daily-law-tips-tip-585-by-onyekachi-umah-esq-llm-aciarbuk/> accessed 19 January 2021.
18. Onyekachi Umah, “How To Legally Make Landlord Pay Back Or Deduct From Rent, Money Spent On His Property By Tenant” (LearnNigerianLaws.com, 9 November 2019) <https://learnnigerianlaws.com/how-to-legally-make-landlord-pay-back-or-deduct-from-rent-money-spent-on-his-property-by-tenant-daily-law-tips-tip-454-by-onyekachi-umah-esq-llm-aciarb-uk/> accessed 19 January 2021.
19. Onyekachi Umah, “The Making of a Hybrid Tenancy/Lease Agreement; a Guide for Lawyers and Landlords in Nigeria.” (LearnNigerianLaws.com, 6 July 2019) <https://learnnigerianlaws.com/the-making-of-a-hybrid-tenancy-lease-agreement-a-guide-for-lawyers-and-landlords-in-nigeria/> accessed 19 January 2021.
20. Onyekachi Umah, “Effect Of A Notice To Quit In Nigeria.” (LearnNigerianLaws.com, 3 August 2018) <https://learnnigerianlaws.com/daily-law-tips-by-onyekachi-umah-esq-tip-156-effect-of-a-notice-to-quit-in-nigeria/> accessed 19 January 2021.
21. Onyekachi Umah, “Rights of a Tenant In Nigeria.” (LearnNigerianLaws.com, 11 March 2016) <https://learnnigerianlaws.com/rights-of-a-tenant/> accessed 19 January 2021.
22. Onyekachi Umah, “Rights of a Landlord In Nigeria” (LearnNigerianLaws.com, 11 March 2016) <https://learnnigerianlaws.com/rights-of-a-landlord/> accessed 19 January 2021.

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