Landlords who are faced with tenants who do not pay their rent are usually faced with a difficult decision to legally evict their tenant and illegally evict their tenant.
In this article, we will be answering the question, Can You Lock a Tenant Out for Not Paying Rent?
Can You Lock a Tenant out for Not Paying Rent
Yes but Locking a tenant out for not paying rent is illegal. There are legal ways to evict a tenant and a set time a tenant is allowed to stay in an apartment with unpaid rent before carrying out legal action.
Under the law, landlords are prohibited from locking out tenants for late payment of rent. The regulations governing landlord-tenant relationships in different states typically fall under the “Recovery of Premises Law.”
This legislation outlines the procedures landlords must follow when dealing with tenants who are in arrears or when the landlord intends to terminate the tenancy agreement.
These procedures ensure that landlords adhere to legal requirements and protect tenants’ rights during such situations.
In Ondo State, according to the Recovery of Premises Law, Section 7 outlines the statutory notices that landlords must issue as the first step if a tenant becomes a tenant at sufferance.
The law requires the landlord to issue either a NOTICE TO QUIT or a NOTICE OF HIS INTENTION TO RECOVER POSSESSION to the tenant in such circumstances. These notices serve to inform the tenant of the landlord’s intent to seek possession of the property.
In Nigeria, the process of ejecting a tenant depends largely on the type of lease established in the rental agreement. The two main types of leases commonly used are the Periodic Tenancy Lease and the Fixed-Term Lease.
1. Periodic Tenancy Lease
- This type of lease has a start date but no specific end date. It operates periodically, such as weekly, monthly, or yearly, with the most common period being year-to-year in Nigeria.
- The tenancy continues until either the landlord or the tenant decides to terminate it. This flexibility allows either party to give notice and end the rental agreement.
- The advantage of this type of lease is the absence of a long-term commitment, providing flexibility for both parties.
2. Fixed-Term Lease
- Also known as a “Term Tenancy,” this lease has a specific duration agreed upon by both the landlord and the tenant.
- The duration is typically expressed in months or years, with the tenancy expiring at the end of the agreed-upon term unless renewed by signing a new agreement.
- Once the lease term expires, the landlord is not required to issue a quit notice. Instead, they are only required to issue a seven-day owner’s intention to recover possession notice.
Understanding the type of lease in place is essential for both landlords and tenants as it dictates the procedures and obligations regarding termination and possession of the rental property under Nigerian law.
When can a tenant be evicted?
The grounds for eviction may vary depending on the state where the property is located, as different states have their own tenancy laws. However, common circumstances that may lead to eviction proceedings include:
1. Non-Payment of Rent
If the tenant fails to pay rent within the agreed-upon timeframe, the landlord may initiate eviction proceedings.
2. Expiration/Breach of Lease
When a lease agreement expires, the landlord can choose not to renew the tenancy. If the tenant continues to occupy the property after the lease term has ended or violates the terms of the lease, the landlord may start eviction proceedings.
3. Illegal or Nuisance Activities
Engaging in illegal activities within the rental property or creating a nuisance for neighbors and other tenants can be grounds for eviction.
4. Unauthorized Occupancy
If a person is occupying the premises without the landlord’s consent, the landlord may initiate eviction proceedings against them.
5. Unsafe Habitation
When the rental property poses a danger to human life due to structural issues or other hazards, the tenant may be evicted for safety reasons.
Landlords need to familiarize themselves with the specific eviction laws and procedures applicable in their state to ensure that any eviction actions are conducted lawfully and in compliance with local regulations.
The Process of Evicting a Tenant
Forcibly ejecting a tenant without following the proper legal procedures can lead to severe consequences for the landlord. Respecting tenant rights is paramount, and landlords must adhere to the law when dealing with eviction situations. Here’s a step-by-step guide to the lawful eviction process:
Step One
Determine if the tenant is behind on rent payments. If so, serve a Late Rent Notice to the tenant. If the tenant continues to be in arrears, the landlord can seek a court order for possession and recovery of unpaid rent, providing evidence of non-payment in court.
Step Two
If the landlord intends to terminate the lease, provide a notice to quit to the tenant. In the case of a fixed-term lease, a notice to quit may not be required at the lease term’s end, but for periodic leases, the notice period varies based on the agreement or legal provisions.
Step Three
If the tenant fails to vacate after the notice to quit expires, issue a seven-day owner’s intention to recover possession notice to the tenant. This notice is necessary for both fixed-term and periodic leases.
Step Four
If the tenant still refuses to vacate after all notices expire, the landlord can initiate legal action by filing a lawsuit in court to recover possession of the premises. This lawsuit may include claims for possession, unpaid rent, and damages.
During the court process, evidence and witnesses will be presented, and the court will deliver a judgment ordering the tenant to vacate either immediately or by a specified date.
It’s crucial to follow these legal eviction procedures to ensure compliance with tenant rights and avoid facing fines, imprisonment, or other legal consequences. Additionally, tenants also have the right to terminate the lease by issuing a Notice of Termination of Tenancy to the landlord.
Frequently Asked Questions (FAQs)
Q1: Can a landlord change the locks if the tenant hasn’t paid rent?
A1: No, changing the locks without following proper legal procedures is illegal and constitutes a self-help eviction. Landlords must adhere to the eviction process outlined by law.
Q2: What are the consequences of locking out a tenant without legal eviction proceedings?
A2: Engaging in self-help eviction methods can result in significant liability for the landlord, including fines, imprisonment, and potential damages awarded to the tenant for illegal eviction.
Q3: What legal steps should landlords take to evict a tenant for non-payment of rent?
A3: Landlords should follow the legal eviction process, which typically involves serving notices, such as a Late Rent Notice, Notice to Quit, and Owner’s Intention to Recover Possession notice, before filing a lawsuit in court.
Conclusion
Locking out a tenant for non-payment of rent is not only unethical but also illegal in most jurisdictions. Landlords must adhere to strict legal procedures when dealing with eviction situations to avoid serious legal consequences.
Eviction laws vary from state to state and country to country, but generally, landlords are required to provide tenants with written notice of eviction and follow a specific legal process before taking any action.
Attempting to lock out a tenant without following the proper legal channels can result in legal repercussions for landlords, including fines, lawsuits, and damage to their reputation. Moreover, it violates the rights of tenants and can cause significant distress and hardship for them and their families.
Instead of resorting to illegal methods, landlords should seek to resolve disputes with tenants through communication, negotiation, and, if necessary, legal mediation. There are legal avenues available to landlords to address non-payment of rent, such as filing for eviction through the appropriate court system.
