By Isaac Ephraim, Esq.
OVERVIEW
It is not uncommon to see scenarios where a landlord cut off the electricity supply leading to the building he/she has let to a tenant or removing the roof. Some even lock the entrance door with a key in order to cause the tenant to vacate the property and a few go to the extent of removing all the tenant’s belongings and keep outside the property either as a result of the tenant owing arrears of rents or because the landlord don’t want the tenant in his/her property anymore. This article shall consider the legality of such conduct using the Akwa Ibom State Rent Control and recovery of Premises law as reference.
It is unlawful for a landlord to eject a tenant from his or her property personally. Only the court has the power to eject a tenant from a building.
Thus whether a tenant is in arrears of rent for years or decades, the landlord has no power to eject the tenant. This is as provided by sec 20 of the Rent Control and recovery of premises law of Akwa Ibom State.
Where a landlord ejects or attempts to eject a tenant by himself he has committed an offence and is liable upon summary conviction by the court to a maximum punishment of N5,000 and 3 months imprisonment – see sec 42 (2) supra.
Where a landlord removes the roof of a building inhabited by a tenant or demolities it, or modifies it or cut the electricity supply or water supply or any such act to indirectly eject a tenant, the landlord is guilty of an offence and upon summary conviction liable to a maximum punishment of N10,000 fine and 6 months imprisonment – see 42 (1) supra.
CONCLUSION
A landlord cannot eject a tenant by himself. Where he wants a tenant to be ejected, he must approach the court to carryout same. Any action contrary to this is an offence which will result to the landlord on summary conviction to be fined or imprisoned or both by the court. Landlords should thus meet their lawyers to approach the court on their behalf after fulfilling all pre action requirements.
By Isaac Ephraim, Esq. a practicing lawyer in Akwa Ibom State.