The Tenant Protection Law: A Double-Edged Sword
Originally designed to ensure fairness, dignity, and balance in landlord-tenant relationships, tenant protection law has today become a weapon of manipulation and frustration in the hands of problematic tenants. These individuals now use it to frustrate property owners and stall eviction, as reported by CHIJIOKE IREMEKA.
When Kingsley Agoro signed the lease and paid in full for a three-bedroom apartment in a quiet part of Festac, Lagos, he felt both excitement and relief. “For the next three years, I won’t worry about rent in Lagos. I can finally organize my finances and focus on other things,” he thought confidently. But things did not go as planned.
After months of searching, negotiating, and stretching his finances to secure the home, the 53-year-old father of four expected to settle in without delay. Instead, five months after making full payment, he still has not been able to take full possession of the apartment. The problem lies with the current occupant.
According to Agoro, the sitting tenant, Joseph, had assured him that he would vacate the property by March 31, 2025, when his notice expired. But even after the deadline passed twice, Joseph refused to move out. He went further to warn the landlord that any attempt to evict him without a court order would result in a lawsuit.
Sunday PUNCH findings show that in Nigeria, particularly in Lagos, a landlord can face fines or even imprisonment for attempting to evict a tenant by force or through any action meant to compel the tenant to leave. Such actions include locking the tenant out, disconnecting power or water, or any other form of harassment.
Agoro’s experience is far from unique. Across major Nigerian cities, Lagos, Abuja, and Port Harcourt, more landlords are being trapped in similar situations, as tenant protection laws are increasingly exploited by difficult tenants. What was originally enacted as a humane safeguard for vulnerable renters has, in some cases, become a tool for manipulation and impunity.
Legal Framework and Exploitation
Laws such as the Lagos Rent Control and Recovery of Premises Law, which regulates rental disputes, clearly state that no tenant can be evicted without a court order and due process. “But in practice, this law is now being used by a small but growing number of tenants to game the system,” said property lawyer Lawrence Ndukwe. “These tenants, often called ‘professional tenants’ in real estate circles, know the law well and sometimes consult lawyers who advise them on how to stall lawful eviction.”
He explained that years ago, landlords resorted to using touts or security operatives to throw out defaulting tenants, but those tactics now carry stiff penalties. “Anyone who tries that today risks jail or heavy fines,” he warned. Ndukwe noted that some of the lawyers working with such tenants are skilled at dragging out eviction cases. They file counterclaims, exploit technical loopholes, and threaten landlords with police involvement if any attempt is made to remove the tenant without a court order.
“As a result,” he said, “some tenants deliberately stay on after their rent expires. In extreme cases, landlords are left helpless, even when a new tenant has already paid and is waiting to move in.”
In Kingsley Agoro’s case, the sitting tenant received formal notice to vacate but refused to leave. The landlord followed the legal process, served notice and waited the required period, but Joseph remained, insisting that he had the ‘right’ to stay until a court issued a formal eviction order.
Impact on Landlords
According to Ndukwe, the legal protection intended for vulnerable renters most of the time ends up punishing those who have done everything by the book. “Landlords, especially small-scale property owners who rely on rental income to survive, are the hardest hit. They are forced into prolonged legal battles, losing money each month the problematic tenant remains on their property.”
However, delays in Nigeria’s court system, exacerbated by understaffed housing tribunals, slow administrative processes, and procedural backlogs, only worsen the situation.
“I’m yet to take possession,” recounted Agoro. “After months of searching for a decent apartment, I found one and paid on March 12, 2025, but I’m yet to take possession of the house. Meanwhile, the apartment where I have been living for the past six years had been sold, and the new owner drove everybody out. I am the only person left, and I’m being humiliated daily.”
Challenges Faced by Tenants
In a similar development, 39-year-old Vincent Ekpo remained unperturbed for 13 months after the expiration of a notice given to him, not out of defiance, but because he does not have the financial capacity to rent another home. The tech repairman, who fixes and sells phones and laptops at Lawanson, Surulere, Lagos, was caught between high rents and financial instability when the quit notice served on him expired.
Out of desperation, he filed a counterclaim when his landlord took him to court to recover the property, after the landlord had exhausted every peaceful means of settlement known to him. Ekpo said he had spent a significant amount renovating the house, and just when he was about to start enjoying his investment, his landlord first increased the rent and then issued him a quit notice when he resisted the new rate.
The Growing Menace
As the city grows and prices soar, situations like these reflect an urban reality where dignity and housing are increasingly becoming privileges rather than rights. Today, a growing number of landlords are facing a frustrating and costly challenge from tenants, who exploit tenant-rights laws to delay eviction and deprive property owners of much-needed income.
“The pattern now is that when you serve tenants with a valid notice to quit, they refuse to vacate, and when the landlord pushes for enforcement, they run to court,” said Najeem Abbass, a landlord of a commercial three-storey building in Abule-Ado, Lagos. He noted that with notoriously slow legal proceedings, landlords are left in limbo, unable to access their property, unable to collect rent, and often forced to spend heavily on legal representation.
Legal Consequences for Landlords
Meanwhile, a number of landlords have faced legal consequences after taking the law into their own hands. For forcefully evicting or attempting to evict his tenant, Felix Uche, without a court order, a 68-year-old Lagos landlord, Dauda, was recently arraigned before a Lagos Chief Magistrate’s Court sitting in Badagry.
Sunday PUNCH learnt that the tenant approached the court to seek redress after his property was allegedly thrown out of his apartment while he was at work. In his defense, it was gathered that the landlord claimed he no longer wanted the complainant as his tenant over an issue yet to be ascertained.
The incident occurred on April 19, 2024, at approximately 7 a.m., at Eweh Close, Pako-Ketu, in the Ijanikin area of Lagos. The matter was later reported to the police at the Ijanikin Division, leading to the arrest of the landlord.
Solutions and Reforms
Stakeholders said there is a need for reforms in Nigeria’s real estate and judiciary systems, stressing that there must be a balance. They argued that while tenants deserve protection, landlords also deserve justice.
A Lagos-based property lawyer, Favour Ifeoma, said that until Nigeria reforms its systems, landlords will continue to suffer these assaults. She, however, advised landlords to vet tenants more thoroughly before accepting them, use written and properly documented tenancy agreements, and act early once rent defaults begin.
“The right to housing is a human right, but so is the right to earn a living from one’s lawful property. Abuse of the court system does more than stall evictions; it corrodes trust and worsens Nigeria’s already fragile housing crisis,” she added.
