APPRAISAL OF LACK OF ARMISTICES BETWEEN LANDLORD AND TENANT IN PROPERTY MANAGEMENT IN NIGERIA

It is a pitiful condition for anyone to be ignorant of the law of landlord and tenant. Parties lacking in this respect has tended to suffer a lot of hardship and sorrow. The landlord has to know the terms he must include in a tenancy agreement to protect this interest. The need for protection of interest is paramount, if anything else, in order to protect his property. The tenant on the other hand should also be well abreast with the limit of his rights and obligations, particularly where he has invested so much money on the property, for example in altering it to suit his taste or need, and afterwards, being subjected to eviction notice. It is in the light of the above, that this paper analysed the various conditions that are necessary and expedient to the law of Landlord and Tenant in Nigeria, particularly, the impact of the Laud Use Act 1978, the type of premises of the Landlord and Tenant and the capacities of the parties, the types of tenancy. There are usually certain implied and express terms applicable to landlord and tenant in the process of consideration of remedies for a breach of covenant. Consequent on the above, the paper maintained the need to exercise patient in ensuring that there is maintenance of law and order and that the rule of law is upheld对于任何人而言，若对房东与租客（Landlord and Tenant）相关法律一无所知，皆是令人惋惜的处境。缺乏此类法律认知的当事人往往会遭遇诸多困苦与辛酸。房东需明晰其必须在租赁协议（tenancy agreement）中纳入的条款，以保障自身权益；若论及核心要务，保护自身财产无疑是重中之重，因此权益保障的需求至关重要。而租客亦应充分知晓自身权利与义务的边界，尤其是当他已对租赁财产投入大量资金——例如为适配自身喜好或需求而对其进行改造——却随后收到驱逐通知时，这一点尤为关键。基于上述背景，本文针对尼日利亚的房东与租客法律体系，分析了其中必要且适宜的各项规则，尤其是1978年土地使用法（Land Use Act 1978）的影响、租赁标的类型、当事人资格以及租赁类型。在处理违反租赁契约（covenant）的救济事宜时，通常存在若干适用于房东与租客的默示条款与明示条款。基于前述分析，本文主张应秉持耐心，以保障法律与秩序的维系，并维护法治（rule of law）原则。