Authored By: Anne Twanemaziba Douglas
I. Introduction
It is no news to anyone with a social media feed that, in Nigeria, many tenants have repeatedly been cheated by their landlords because of renovations made by the tenant. It starts when the tenant transforms a plain-looking or dilapidated flat into a liveable, often Pinterest-inspired space. The landlord, seeing that the apartment is now worth more than it originally was, gets the selfish idea to increase the price of this space.1 As is usually the case, the tenant cannot pay the new rent, which could be about four times the original amount. The landlord then kicks them out and keeps their renovation for a new tenant who will pay for the now proper apartment.
Of course, the aggrieved tenants do not stay silent and, as is shown in several social media posts, they decide to fight back by taking down their renovations in a fit of rage, and several tenants leave the apartment in a worse state than it originally was. The problem here is that the tenant loses out on the costs of the renovation and can potentially incur a legal suit for ‘voluntary waste’ of the landlord’s property.
Thus, this article examines, from a legal standpoint, the reality of the renovation disputes that occur between landlord and tenant, and the proper method of handling such disputes in Nigeria as provided in the laws and by judicial authorities. The article proceeds as follows. Section II sets out to define renovations in the Nigerian context. Section III analyses the duty of a landlord to keep his rented property habitable. Section IV examines wrong moves upon renovation disputes. Section V provides remedies for either the tenant or the landlord upon the rise of a renovation dispute. Section VI concludes with recommendations.
II. What Renovations Consist of Under Nigerian Laws
Firstly, it is important to note what the law says about renovations of rented property in Nigeria. There is no uniform tenancy law in Nigeria, as each state has its own. Still, their provisions are usually similar, with slight differences. Nonetheless, the Lagos State Tenancy Law 2011, which comes from a state with some of the most progressive and innovative laws in the country, will be applied in this article.
The term renovation is not expressly defined in the aforementioned law, but Section 7(5) of the Lagos State Tenancy Law 2011 provides that “Subject to any provision to the contrary in the tenancy agreement, the tenant shall not make any alterations or additions to the premises without the written consent of the landlord.”2 This provision indicates that it is acceptable for a tenant to renovate or improve a rented property provided that the landlord’s consent is obtained in writing. As such, a renovation can be seen as an improvement, or several improvements, on the previous state of a property.
III. Duty of the Landlord to Keep the Rented Property Habitable
Having established what renovations involve in Nigeria, it is important to establish whose obligation it is to carry out repairs on a rented property if the structure is dilapidated or in desperate need of repair when a tenant moves into the premises. This obligation rightfully lies on the landlord. By virtue of Section 8(vi) of the Lagos State Tenancy Law 2011,3 the landlord is meant to effect repairs and maintain the external and common parts of the premises. The external parts include the roof, gutters, drainage, plumbing, electrical installations, foundations, windows and frames, among others. The common parts include staircases, entrance halls and more. The landlord must also keep the premises insured against loss or damage.4 A landlord who fails to make necessary repairs, resulting in tenant discomfort or anger, breaches the duty to maintain habitable premises, and this is actionable.5
To address the interior of a rented property, the Nigerian case of Chukwuma & Ors v. Awon6 is instructive. The court ruled that a landlord is legally obligated to ensure that the tenant’s living space remains fit for habitation. This obligation is known as the implied warranty of habitability, a legal doctrine stating that by simply renting out a property, a landlord automatically guarantees that it is liveable. Importantly, this warranty does not rely on any written lease or explicit clause; it is an inherent duty of the landlord.7
The decision in this case is admirable because it protects a potential tenant from the exploitation that could occur if a landlord were not under an obligation to provide a good living space before the tenant moves into a rented property. It also reflects modern legal standards of fairness and promotes the fundamental right to dignity of the human person.8
Now that it has been established that the landlord should keep a property intended for rent in a habitable state, it must be acknowledged that, in reality, there are usually many structural issues in rented properties that are simply covered in paint. This is what inevitably leads to deep renovations by a tenant.
IV. Wrong Moves Upon Renovation Disputes
Moving to the crux of the matter, it is vital to note what the law says about tenants destroying their renovations and damaging the rented property, and what it says about landlords increasing rent because of the tenant’s renovations.
On the part of tenants, if their installation has become permanently attached to the landlord’s property and they remove the renovation haphazardly, causing damage to the landlord’s property, this amounts to voluntary waste, which is actionable.9 The landlord can thus claim for property damage and repairs.10 This is a fair decision, as it holds tenants accountable for damage to the landlord’s property, which is an action that anyone would reasonably sue for.
On the part of the landlord, the Nigerian case of Jovinco Nigeria Ltd & Anor v Emeka Ibeozimako (2014)11 is unequivocal on the stance of the law when it comes to landlords unilaterally increasing rent. In this case, the court held that a landlord-tenant relationship is essentially based on contract and, as a result, any suggested modification to the lease, such as an increase in rent, is merely an offer that the tenant can either accept or decline. As such, if the tenant rejects the rent increase, the landlord only has the option to maintain the existing terms or follow legal steps to terminate the tenancy properly.
Therefore, the landlord and tenant in a dispute relating to the renovation of a rented property need not resort to pettiness and quarrels, because the law is apt on what can be done in different scenarios.
V. Remedies for the Tenant and Landlord When Faced With Renovation Disputes
The legal framework governing renovations in landlord-tenant relationships under the Lagos State Tenancy Law 2011 is sufficiently developed to resolve disputes related to the renovation of rented property. Under the law, a tenant may only receive compensation for improvements to the property if they first obtained the landlord’s written permission. Once that consent is given, the tenant can make a claim for payment for renovations done by them if they leave the property following the landlord’s decision to end the tenancy.12
The landlord can also claim damages if the tenant, in an attempt to remove renovations, damages the landlord’s property. This is so because, unless the tenancy agreement dictates otherwise, tenants must keep the premises in a state of good and tenantable repair, not counting normal wear and tear. So, if a tenant causes damage to the landlord’s property while taking out his renovations, he will have to make repairs.13
Secondly, the landlord is allowed to collect a security deposit specifically meant to cover damage or poor repairs. This indicates that if the tenant causes damage to the landlord’s property, the landlord can make use of the deposit money to fix such damage.14
Moreover, the landlord can take action against the tenant for wilful damage of the rental property, as it is a criminal offence by virtue of Section 44(1)(b)(iii) of the Lagos State Tenancy Law 2011.15 This means that if the damage from removing improvements is found to be intentional, the tenant can be charged. Such a tenant can be convicted of wilful damage and may face a fine of up to ₦250,000 or up to six months in prison.
Clearly, there are adequate remedies for both the landlord and the tenant when facing disputes due to renovations. Still, these remedies need to be identified by the parties’ lawyers to guide them in avoiding legal disputes and financial loss.
VI. Conclusion
It has been established that the average Nigerian, as regards their renovations to rented property, has had the experience of suffering financial loss and mental stress due to not realising that the law has made provisions for them to avoid such stress. This article has walked through a familiar narrative: a tenant invests time and money into making an apartment a home, but greedy landlords try to price them out and evict them. This results in the tenant, in a fit of rage, tearing the rented property apart, so the landlord is left with regrets. The tenant is usually left with financial and legal problems.
Fortunately, this article has shown that there exist laws in Nigeria that can ensure a win-win situation for both the landlord and the tenant in such a scenario. Under the Lagos State tenancy framework, tenants who previously obtained written consent from the landlord to renovate the rented property can claim payment for the renovations. Additionally, they can reject a unilateral increase in rent, as the courts have held that the tenant can treat it as an offer. On the flip side, landlords have the remedies of pursuing wilful damage of the rented property by the tenant, or making claims for repairs if the tenant, as a result of taking down their renovations, damages the landlord’s property.
Consequently, the law balances the interests of both landlords and tenants, and it is observed that clear tenancy agreements are the key to avoiding the occurrence of these disputes. It is recommended that the Lagos State Tenancy Law be updated to provide clearer guidance on valuing tenant improvements, and that lawyers representing both the landlord and the tenant ensure all consents and property conditions are documented. Furthermore, it is recommended that the governments of each state of the Federal Republic of Nigeria take steps to ensure that the laws in each state reflect the laudable developments of the Lagos State Tenancy Law, so as to ensure the best protections for landlords and tenants nationwide. Above all, lawyers should properly advise their clients on how to act according to the law to prevent breaches and legal suits being instituted against them.
Footnote(S):
1 Theconclaveng, ‘Tenants protest proposed ₦3m rent increment for FHA prototype old NSCIA Housing in Lugbe’ (The Conclave NG, 27 September 2025)< https://theconclaveng.com/tenants-protest-proposed-%e2%82%a63m-rent-increment-for-fhaprototype-old-nscia-housing-in-lugbe/ >accessed 28 May 2026.
2 Lagos State Tenancy Law 2011, s7(5)
3 Lagos State Tenancy Law 2011, s 8(vi)
4 Lagos State Tenancy Law 2011, s 8(iii)
5 Popoola Elufisoye v Alhaji Ayo Omotosho (1962) WNLR 86
6 (2018) LPELR- 44830(CA)
7 Olamide Oyetayo, ‘Tenant Rights in Nigeria: Legal Protection Against Uninhabitable Living Conditions in Nigeria’ (Olamide Oyetayo Legal) <https://olamideoyetayolegal.com/tenant-rights-in-nigeria-legal-protection-against-uninhabitable-livingconditions-in-nigeria/> accessed 27 May 2026.
8 The Constitution of the Federal Republic of Nigeria (1999) as amended, s 34
9 Oduye v Nigerian Airways Ltd (1987) 2 NWLR ( Pt 55) 126
10 AWJAI Research Team, ‘Landlords vs Tenants: Who Fixes What in the House?’ (AWJAI, 23 July 2025) <https://awjai.org/2025/07/23/landlord-vs-tenant-who-fixes-what-in-the-house/> accessed 27 May 2026.
11 Jovinco Nigeria Limited & Anor v Emeka Ibeozimako (2014) LLJR-CA.
12 Lagos State Tenancy Law 2011 , s 6(2)
13 Lagos State Tenancy Law 2011, s 7(3)
14 Lagos State Tenancy Law 2011,s 10(a)
15 Lagos State Tenancy Law 2011, s 44(1)(b)(iii)
Reference(S):
Cases
- Popoola Elufisoye v Alhaji Ayo Omotosho (1962) WNLR 86
- Chukwuma & Ors v. Awon (2018) LPELR- 44830(CA)
- Oduye v Nigerian Airways Ltd (1987) 2 NWLR ( Pt 55) 126
- Jovinco Nigeria Limited & Anor v Emeka Ibeozimako (2014) LLJR-CA.
Legislation
- Lagos State Tenancy Law 2011, s 7(5)
- Lagos State Tenancy Law 2011, s 8(vi)
- Lagos State Tenancy Law 2011, s 8(iii)
- The Constitution of the Federal Republic of Nigeria (1999) as amended, s 34
- Lagos State Tenancy Law 2011 , s 6(2)
- Lagos State Tenancy Law 2011, s 7(3)
- Lagos State Tenancy Law 2011,s 10(a)
- Lagos State Tenancy Law 2011, s 44(1)(b)(iii)
Secondary Sources
- Theconclaveng, ‘Tenants protest proposed ₦3m rent increment for FHA prototype old NSCIA Housing in Lugbe’ The Conclave (Nigeria, 27 September 2025)< https://theconclaveng.com/tenants-protest-proposed-%e2%82%a63m-rent-increment-for-fhaprototype-old-nscia-housing-in-lugbe/ >accessed 28 May 2026.
- Olamide Oyetayo, ‘Tenant Rights in Nigeria: Legal Protection Against Uninhabitable Living Conditions in Nigeria’ (Olamide Oyetayo Legal) <https://olamideoyetayolegal.com/tenant-rights-in-nigeria-legal-protection-against-uninhabitable-living-conditions-in-nigeria/>accessed 27 May 2026.
- AWJAI Research Team, ‘Landlords vs Tenants: Who Fixes What in the House?’ (AWJAI, 23 July 2025) <https://awjai.org/2025/07/23/landlord-vs-tenant-who-fixes-what-in-the-house/>accessed 27th May, 2026
