How Long Does a Landlord Have to Claim Unpaid Rent After a Tenant Has Left the Property?
Unpaid rent is a frustrating situation for landlords. In Nigeria, many landlords assume that once a tenant moves out, they've lost the chance to recover the outstanding rent. That's not entirely true.
The law gives landlords a specific time frame to claim unpaid rent—even after the tenant has vacated the property. But you must act promptly and follow due process.
Is it Lawful?
Under Nigerian law, unpaid rent is treated as a civil debt. According to the Limitation Law, a landlord generally has up to 6 years from the date the rent became due to take legal action to recover it.
This rule applies in most states, though there may be minor variations depending on local laws.
Key Considerations for Landlords
Start Counting from the Date Rent Was Due
If a tenant owed rent for February 2023 but moved out in March 2023, the 6-year window starts from February 2023, not when they left.
Keep Evidence of the Debt
To make a successful claim, you must show proof, such as:
- A tenancy agreement
- Rent receipts or proof of partial payments
- Communication (emails, texts, or letters) reminding the tenant to pay
- A rent ledger or account record
Without documentation, your chances in court are much lower.
Consider Sending a Formal Demand Letter
Before going to court, many landlords send a demand letter to the ex-tenant, stating the amount owed and requesting payment within a specific timeframe. This can sometimes lead to repayment without the need for litigation.
Taking Legal Action
If the tenant refuses to pay after reminders:
- You can sue them in the Magistrate Court or High Court, depending on the amount owed.
- The court can order them to pay the outstanding amount along with possible interest or legal costs.
- If they ignore the judgment, you can apply for enforcement through a garnishee order (bank deduction) or asset seizure.
Is It Worth Pursuing?
While you have legal rights, also consider:
- The amount owed vs. cost of legal action
- Whether the tenant can realistically pay
- If it's better to settle out of court
Conclusion
A landlord has up to 6 years to claim unpaid rent after a tenant leaves, but success depends on having proper records and acting within the time limit. Don't wait until it's too late.
DocuProp empowers landlords and property managers to effortlessly prepare and manage documents, with the added advantage of our proprietary Quit Notice Support (QNS). This innovative solution enables you to securely keep detailed records for your peace of mind.
