RIGHTS OF A LANDLORD IN NIGERIA.

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9.     RIGHT NOT TO REIMBURSE A TENANT.

A landlord owes a house and not a tenant. While a landlord owns a house and a tenant uses same, some repairs are for the landlord and some for his tenant. The nature of repairs can be clearly contained in a tenancy agreement to avoid doubt and unfounded assumption and problems. In practise, landlords for the sake of averting depreciation carryout repairs that should have been done by their tenant. Sometimes, tenants carry out repairs that are due to their inhuman landlords who care only for their rents.  Some tenants after make repairs on building do subsequently seek to deduct their expenses from the rent due to their landlords. In some circumstances, the tenants may even demand for an outright defrayment of cost of repairs on the building.

Hear this; a landlord is not a master of his tenant neither is a tenant an agent of a landlord. Each of them is independent and none represents the other in profit or in loss. Hence, a landlord is not bound to reimburse his tenant for expenses incurred from repairs neither is a tenant responsible for a landlords cost of repairs on his building. Even if a landlord orally agrees to have such cost deducted from his tenant’s rent it still does not stand.  A landlord can only be legally responsible to repay the expenses of his tenant if there is a written agreement between the landlord and his tenant as to such repayment. Equally, a landlord has a duty not to demand his cost of repairs from his tenants after they had paid their rent.

 

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