Michael K. Bielonwu Esq.
Just like we have stubborn tenants, we have wicked landlords who make life miserable for their tenants. It is common knowledge that some landlords never keep to the terms of the agreement freely entered into with the tenant. This is commonly the case, especially when it comes to refunding expenses incurred by the tenant for unexhausted improvement on the demised premises.
Some other instances where a landlord violates the terms and conditions of a tenancy agreement include:
- Interference with the tenant’s enjoyment of quiet possession of the premises free from all encumbrances during the subsistence of the tenancy.
- Abdication of his duty to fix the exteriors or put the fixtures and fittings in a good and tenantable state of repair.
- Forceful and unlawful ejection of the tenant occurs when the landlord fails to issue the relevant statutory notices as required by law to the tenant.
- Failure to put the premises in a tenantable state of repair, for example, failure to fix the water or electricity supply.
A tenant can claim against the landlord for breach of duty, compensation, negligence, or total violation of the tenancy agreement in the following way:
- Write to the landlord stating your claims or complaint (it is advisable to do this to resolve the matter amicably between parties before resorting to litigation or any other means of settlement).
- Where the complaints relate to broken walls, leaking roofs, or a lack of water or electricity supply, it is essential to have evidence of such, maybe by taking a snapshot.
- If the complaint remains unresolved, employ the service of a lawyer for legal guidance.
- Upon briefing the lawyer, the lawyer may write to the landlord, referring the landlord to the complaint so he can resolve it amicably. If the landlord fails to resolve the complaint, the lawyer may file the appropriate action against the landlord to seek redress in court.
- Upon instituting a legal action in a court of competent jurisdiction, a writ is issued against the landlord (defendant) to defend the claim against him.
- The court, in deciding the suit, finds that the (landlord) defendant is liable or has no defence to the claim against him, enters judgment in favour of the plaintiff (tenant) against the landlord (defendant), and grants such orders as stated in the claims to redress the wrong done or compensate the tenant(plaintiff) accordingly.