It’ll Be Unreasonable For Landlords To Demand Rent Under Coronavirus – Barr Nwokocha
A constitutional lawyer has said that landlords should be considerate and not demand rent at this period of coronavirus and lockdown.
Speaking on a radio programme on Nigeria Info 92.3FM on Wednesday, Barrister Richard Nwokocha said the period was frustrating and landlords should show understanding by not asking for rents.
The constitutional lawyer said: “Everybody in this circumstance should be able to understand that there is a natural disaster that has affected the economy and affected everybody. In foreign countries, governments are making efforts to ask mortgages to be frozen so that such monthly payment on buildings (or) demands for them will be suspended for now until they are out of the pandemic that has gripped the world at this moment. So it will be unreasonable for a landlord to say I must have my money now or you must leave my house immediately”.
He said although the landlord had right to demand possession of his property he should sympathize with his tenant at this period of coronavirus.
The constitutional lawyer also said while the pandemic might be good reason for landlord to sympathize with his tenant this does not confer legal right on tenant to continue to stay in the house.
On related matters, Barrister Nwokocha said that a landlord should give his tenant three months’ notice if he wants him to quit.
He said that the three months’ notice for a yearly rent would be to allow the tenant have enough time to look for alternative accommodation.
He said in the case the tenant does not leave within the three months’ notice he could then issue him a seven-day notice to quit and if that fails the landlord could file a suit to recover his property.
Talking about tenancy, the constitutional lawyer said: “Tenancy is a transaction that gives the tenant right to use of the premises he has rented for the period of the lease and that right subsists as long as he remains a tenant but when the period of the tenancy ends then automatically the landlord’s right to repossess his premises begins.
“In this scenario, a landlord is ordinarily entitled to his rent when rent is due and a tenant who has not paid rent or has not engaged the landlord over it is deemed to be ready to leave the premises. Again ordinarily once rent is paid a tenant has undisturbed possession of the premises subject to landlord’s right to inspect at reasonable time with notice”.
He said if the landlord should approach a tenant to ask for rent before it was due the tenant could agree to pay the landlord in advance as part of relationship although he said in law “we pay for what we have used.”
The constitutional lawyer said: “Tenancy is a contract so if landlord approaches a tenant to say I know your tenancy is still on but I’ve a problem I want you to assist me it’s an agreement they are reaching. If the tenant agrees and pays then he extends the tenure of his tenancy to the end of the period for which he has paid in advance. Ordinarily, he’s not obligated to pay at that time but it’s a relationship thing and in the interest of harmonious relationship a tenant could decide to pay”.
Barrister Nwokocha said in the same way a tenant could approach his landlord and ask for time to enable him pay his rent.
The constitutional lawyer said that this does not amount to illegality as it is a request and once agreed the tenant and landlord have both entered into an agreement.
