Emmanuel Ihuoma Emereuwa
This is to share that the official passage of the Abia Real Estate, Landlords and Tenancy Bill yesterday by the Abia State House of Assembly, of which I am one of the co-sponsors, marks a transformative moment for property relations across our dear state. This landmark legislation represents our collective commitment to bringing order, fairness, and justice to the relationship between property owners and those who rent from them, and it comes after a thorough and inclusive processes from when when the bill was first introduced to regulate lease relationships and protect both parties.
The Assembly under my leadership understood that for too long, both landlords and tenants have suffered from unclear rules and unfair practices. We held a public hearing where ordinary Abians, property owners, estate agents, and other stakeholders came forward to share their views and concerns, and their input helped shape this bill into what it is today–a law that protects everyone fairly. After careful consideration and thorough debate, the bill was passed unanimously, and it will take effect immediately after receiving Governor Alex C. Otti’s assent, which will usher in a new era of regulated property transactions in Abia State.
The bill establishes the Abia State Property and Tenancy Regulatory Agency, which will serve as a watchdog over property transactions and ensure that both landlords and tenants follow the rules, functioning much like a referee that makes sure everyone plays fair in the housing game. One of the biggest complaints from tenants has been the demand for unreasonable advance rent payments, and this bill addresses that squarely by placing clear caps on rent advances, with sitting tenants, that is those already living in a property, now protected from demands exceeding six months’ rent in advance, while new tenants cannot be asked to pay more than one year’s rent in advance, and this is now the law with serious consequences for any landlord who asks for more.
Additionally, estate agents cannot charge more than five percent of the yearly rent as their fee, which puts money back in the pockets of tenants and ensures that professional services are fairly compensated without exploitation. The bill also provides strong protections against illegal eviction, as no landlord can now demolish, alter, or modify a building just to force a tenant out, and threats, intimidation, and willful damage to a tenant’s property are now serious offences, meaning that tenants have the right to remain in their homes until a proper court order is obtained. More so, when courts issue warrants for possession, these warrants are valid for three months and can be renewed but not more than three times, totaling twelve months maximum, and importantly, no warrant can be executed on a Sunday or public holiday, respecting both the law and our cultural values.
The bill establishes clear offences and penalties to ensure compliance and protect the rights of all parties, starting with rent payment violations where demanding or receiving rent beyond six months from a sitting tenant is now an offence punishable by a fine of one hundred thousand naira or three months imprisonment or both, and the same penalty applies to demanding or receiving rent beyond one year from a new tenant. Any landlord who fails to issue a receipt for rent paid commits an offence attracting a one hundred thousand naira fine or one month imprisonment or both, because every tenant deserves proof of payment and accountability from their landlord.
For illegal eviction and harassment, any landlord who demolishes, alters, or modifies a building to eject a tenant without court approval commits a serious offence, and the same applies to anyone who uses threats, force, or damages a tenant’s property, with the penalty being two hundred and fifty thousand naira fine or six months imprisonment or both. Anyone who obstructs the execution of a court warrant or tries to retake possession of a property after a court order will face a two hundred and fifty thousand naira fine or six months imprisonment or both, because the law must be respected and court orders must be obeyed by all.
For agents and property transactions, acting as an unregistered agent attracts a fifty thousand naira fine or three months imprisonment or both, as all agents must now register with the Authority, while charging more than five percent agency fee will result in a one hundred thousand naira fine and the agent must refund the excess money collected. Property transactions not recorded in the Registry carry a two hundred and fifty thousand naira fine or six months imprisonment or both, and additionally such transactions will not be recognized in any Abia State court, making registration essential for legal validity.
The bill also addresses financial misconduct by providing that anyone who diverts, misappropriates, or interferes with funds held in escrow or trust accounts will face up to five years imprisonment or a fine of not less than five hundred thousand naira or both, ensuring that your money is fully protected. Some breaches like late permit renewal or failure to display property identification numbers are not criminal offences but administrative breaches that will attract administrative fines set by the Authority, with an internal appeal process available to those who feel aggrieved.
The Abia State House of Assembly did not pass this bill merely to add another law to the books, as we are fully committed to following through on its implementation, and once His Excellency the Governor signs this bill into law, the Assembly will exercise its oversight powers to ensure that the new Agency is properly established and functional, the rules are enforced fairly and without bias, both landlords and tenants understand their rights and obligations, and justice is served in all property related matters. We will monitor the implementation through our committees and will not hesitate to call for accountability where necessary, because our duty to the people of Abia does not end with the passage of a bill but continues through vigilant oversight and enforcement. This bill is for every Abian, whether you are a landlord who has struggled with problematic tenants or a tenant who has suffered at the hands of unreasonable landlords, as this law provides a framework for justice that respects everyone’s rights and obligations.
To our landlords, your property rights are respected, but you must now operate within clear rules with no more arbitrary evictions and no more demands for unreasonable advances, while to our tenants, your right to fair treatment is now protected by law, you cannot be thrown out illegally, and you cannot be forced to pay what the law does not permit. To our agents, professionalism is now the standard, and you must register with the Authority, charge fair fees, and maintain proper records to operate legitimately in Abia State.
The passage of this bill is a victory for all Abians, showing that when we come together as government and citizens, we can create a system that works for everyone, and I thank the members of the House, and all stakeholders who contributed to this process as we look forward to His Excellency’s assent and the full implementation of this important law.
The Abia State House of Assembly remains committed to protecting the welfare of every Abian, and we assure you that justice for all is indeed the foundation of a peaceful society, as this bill now stands as a testament to our shared commitment to fairness, order, and the protection of fundamental rights in property relations across our state.
Emmanuel Ihuoma Emeruwa is the Speaker Abia State House of Assembly.
