When a landlord decides to sell a property, many tenants worry about losing their home. In Nigeria, however, the law recognises the rights of paying tenants, ensuring that a change of ownership does not automatically end an existing tenancy. Understanding these rights is essential for protecting your tenancy and preventing unlawful eviction or exploitation.
Tenancy Survives Sale:
In Nigeria, paying tenants enjoy protection under the Landlord and Tenant Law. If your landlord sells the property, the sale does not automatically terminate your tenancy. The new owner takes the property subject to your existing tenancy, meaning your right to occupy remains intact until your tenancy expires.
Right to Notice:
Even if your tenancy is monthly, quarterly or yearly, the landlord must provide proper notice before any attempt to terminate your tenancy. You cannot be forced out without due legal process, and the new owner inherits the same obligation to respect notice periods.
Protection from Arbitrary Rent Changes:
The new owner cannot immediately increase your rent outside the terms of your existing agreement. Any rent increase must follow the provisions of your current tenancy or the applicable law of the state. This ensures tenants are not exploited after a sale.
Security of Tenure:
Nigerian law often provides security of tenure for residential tenants, particularly under state-specific laws like Lagos State Tenancy Law. This protects you from being evicted simply because the property changed hands, giving you legal grounds to resist unlawful eviction.
Right to Seek Legal Redress:
If a new owner attempts to evict you unlawfully, you have the right to approach a court or alternative dispute resolution body (like Citizens Mediation Centre in Lagos State) for protection. Paying tenants can enforce their rights, claim damages, and even seek compensation for disruption or harassment.
Disclaimer:
This information is provided for general information purposes only and is not intended as legal advice. Always consult a qualified real estate lawyer for guidance on property transactions.
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