Landlord vs Tenant: Who Fixes What in the House?

Landlord vs Tenant: Who Fixes What in the House?

Introduction:

Leaking roof or broken taps?

Ayo called his landlord:

“Oga landlord, this kitchen sink is leaking again.”

Landlord: “Fix it yourself.”

Ayo tried to argue, but the landlord hung up.

So, who is actually responsible?

Landlord-tenant conflicts are common when it comes to repairs in rental properties. Most of these disputes arise from unclear agreements or a lack of awareness of the law.

As a tenant, you want your living space to meet a decent standard, but you also want to avoid footing bills that the landlord should handle. As a landlord, you want to preserve your property, reduce maintenance costs, and stay within the bounds of the law.

Nigerian Tenancy Law outlines the rights and duties of landlords and tenants to ensure fair dealings and prevent exploitation. However, these laws vary from state to state and typically govern the rental relationship within each jurisdiction.

In general terms:

•Landlords are responsible for major or structural repairs.

•Tenants are responsible for minor or day-to-day repairs.

This article breaks down those responsibilities to help you understand your rights and obligations and avoid unnecessary conflict.

Landlord Repair Responsibilities

A well-drafted lease agreement should clearly outline the landlord’s repair obligations. These responsibilities must comply with tenancy laws and cannot contradict them.

In Popoola Elufisoye v. Alhaji Ayo Omotosho (1962) WNLR 86, the court held that a landlord who fails to make necessary repairs, resulting in tenant discomfort or danger, breaches their duty to maintain habitable premises.

1. Structural Repairs

Landlords are generally responsible for fixing:

•Foundation issues (e.g., cracks threatening stability)

•Roof damage (e.g., leaks causing water damage)

•Pest damage (e.g., termite infestation weakening the structure)

•Natural disaster damage (e.g., flooding)

If tenants or their guests cause structural damage—such as removing roofing sheets—the landlord may deduct repair costs from the damage deposit or caution fee.

Tenants should always notify landlords of such issues promptly to prevent further deterioration.

2. Plumbing, Heating, and Electrical Systems

Landlords must maintain and repair essential systems, including:

•Plumbing: Tanks, pipes, fixtures, hot water systems, etc.

•Electrical: Wiring, sockets, and circuits.

•Heating: Where applicable, especially in cold zones or urban estates.

These systems are necessary for a safe and livable home. Landlords must fix any defects promptly and comply with building and safety regulations to avoid fines.

In Oshidipe v. Olagoke (2013), the court ruled that landlords must address structural defects, roofing, plumbing, and electrical issues to maintain a habitable property.

3. Health Hazards: Mold and Pest Infestation

•Mold: If caused by structural problems or poor property maintenance, the landlord is liable. If caused by tenant behavior (e.g., poor ventilation), the tenant bears the cost.

•Pests: If due to landlord neglect, they are responsible for extermination. If caused by tenant negligence (e.g., bringing in infested furniture), the tenant pays.

Some state tenancy laws (e.g., Lagos, Rivers, Kano, Oyo, Enugu) hold landlords accountable for these repairs even if not explicitly stated.

4. Appliance Repairs

If appliances like fridges, ovens, or washing machines are provided by the landlord, they are responsible for repairing or replacing them if damaged due to normal wear and tear.

But if the tenant misuses them, the cost of repair or replacement falls on the tenant.

What if the Landlord Refuses to Repair?

Tenants can:

• Serve a repair notice in writing.

• File a complaint with the

• Environmental Health Officers in the Local Government Area where the house is situated for issues that pose health and safety risks like mold, sewage leaks, or pest infestations. 
• The State Ministry of Physical Planning or Building Control Agency if the issue relates to serious structural concerns, such as collapsing walls or unsafe construction.

• Attempt “Fix and deduct”. In Nigeria, this move may not be legally upheld unless properly documented and mutually agreed upon. First, speak with a lawyer before taking this step. 

• Take legal action in a Magistrate Court or small claims court.

• Seek mediation from housing authorities.

Tenants should always document everything and, if possible, consult a lawyer.

Tenant Repair Responsibilities

Tenants also have their duties. Generally, they are responsible for:

1. Keeping the Property Clean and Undamaged

Tenants must:

•Maintain hygiene and cleanliness.

•Avoid deliberate or negligent damage.

•Dispose of waste properly.

In Oduye v. Nigerian Airways Ltd (1987) 2 NWLR (Pt. 55) 126, the court held that tenants must avoid waste and keep premises reasonably clean.

2. Using the Property Lawfully

Tenants must use the premises for the agreed purpose—e.g., not turning a residential home into a commercial shop without permission.

In Olowu v. Adebanjo (1998) NWLR (Pt 554) 469 (CA), the court ruled that misusing a rented property can justify eviction.

3. Repairing Tenant-Caused Damage

If tenants or their guests damage:

•Walls

•Fixtures

•Flooring

They must repair or pay for repairs. The cost can be deducted from the caution fee, provided this aligns with the lease and state laws.

4. Restoring the Property

If a tenant paints or modifies the property without permission, they must restore it to its original condition before leaving.

5. Reporting Repairs Promptly

Tenants must report repair needs quickly to avoid bigger problems. Some state laws even mandate tenants to report within a specific period.

Conclusion: Know the Law, Know Your Lease

Landlords and tenants are not enemies. Both benefit from a well-maintained property. That’s why clear communication, timely repairs, and understanding the lease agreement are crucial.

•Tenants should report issues and avoid damaging the property.

•Landlords should handle structural and essential repairs without delay.

Always check your lease agreement and state tenancy laws for clarity on specific responsibilities.

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By AWJAI Research Team