Landlord and Tenant Relationship, Its Effects on Property Values in Owerri Urban of Imo State
Chapter One
AIM AND OBJECTIVES
The main aim of this study is to proffer resolution of conflict which has being in existence between landlord and tenant relationship.
- To ascertain causes of conflict in landlord and tenant relationship.
- Identify methods adopted in resolution of these conflicts
- Identify and recommend ways of improving resolution of conflicts in landlord and tenant relationship.
CHAPTER TWO
LITERATURE REVIEW
Alemu, T. (1999) while the percentage of leased farmland has remained relatively constant in the US over the past century, the characteristic of lessees, lessors, and the nature of the contractual arrangements between them have hanged about 65 percent of landlords are more than 60 years of age. Most are not actively engaged in farming. Over half live within 25 miles of the rented acreage. Women are a significant factor; while 31 percent of landlords are men 40 percent are women, and another 29 percent are joint male and female (Roges). Moreover, the significance of female landlords is expected to increase as the overall farm population ages.
The proportion of rented land is generally higher instates, Ohio for example, where land is more highly valued. In fact, in 1997 approximately 47 percent of land in farms in Ohio was leased (1997 census). Though share leasing has historically dominated in the Midwest, results from the most recent Ohio farm land lease and precision Agriculture survey indicate that over 75 percent of leased land is now cash leased, and that crop-share terms vary significantly. Additionally, a 1998 survey of professional farm manager in Illinois reported that 93.2 percent had experienced a modest to significant increase in the level of cash leasing in their market area (Barry, Solomayor, and Moss).
A recent study indicated that lease prefer hence are influenced less by risk a version than by the characteristics of the leasing relationship namely the threat of opportunism from the landlord and the potential returns to the producer’s management ability (Moss). Moreover, Bierlen and Parsch found that social capital is important in determing the terms of trade between lessee and lessor. For example, a tenant is less likely to pay higher cash rents when the landlord is a relative. In other words, the nature and extent of the relationship between landlord and tenant can have a significant influence on lease type and terms, which in turn can impact the profitability and competitiveness of Ohio farmers.
GUIDELINES FOR TENANTS
Following some straight forward guidelines can help tenants ensure that their farm business remain profitable. The guidelines can also reduce the cost of day-to-day relationship problems. Dunaway and Dunte man remind us that the old adage of “keeping the landlord happy” is no different from an effective public-relations strategy in any business. For example, they reduce a strategy for farmers, with the end goals of retaining control over rented land or other real estate, to six key points:
i Communicating with landlords
ii Educating lessors about agriculture
iii Explaining farm costs and their changes over time
iv Providing regular crop reports during growing season.
v Maintaining the appearance of the property,
vi Treating landlords like family.
CHAPTER THREE
RESEARCH METHODOLOGY
This chapter deals with the activities involved in the collection of all necessary data and information required for the finding that will make the research work valid. It explains the procedures that were followed and the instruments that were used in collection of data. It discuses extensively on the research design, method of data collection, the sample size, sampling technique and data analysis technique.
RESEARCH DESIGN
According to Adam (2000:39), research design has to do with the development of strategies for finding out something. Thus, the research design adopted in this study is the survey design which involves personal interview, questionnaire and observation. This type of design is used by the researcher to ascertain the benefit of property value in landlord tenant relationship.
METHOD OF DATA COLLECTION
There were two sources available for the collection of data required for this research work; the primary source and secondary source in the effort to achieve a better and meaningful result for this project, the researcher made use of both source. The collection method was used for each types allows for necessary information to be collected form the appropriate areas.
a PRIMARY DATA: These are original data on first hand information specifically collected for the study, Aham (2000). The methods used in this project for collecting the primary data are mainly personal interview and questionnaire.
i PERSONAL INTERVIEW: This is the face to face interview by the researcher with the respondent
ii QUESTIONNAIRE: This is a list of questions to be asked from the respondent and spaces in which to record the answers.
b SECONDARY DATA: These are already published and existing data for purpose other than the specific research work at hand. The source of secondary data for this work includes textbooks form reliable authors,, magazine and hournals of profession bodies.
CHAPTER FOUR
PRESENTATION AND ANALYSIS OF DATA
This chapter covers presentation and analysis of data. This is an important stages of the study because it gives meaning to the data and therefore conclusion and recommendation will be derived form such presentation and analysis.
CHAPTER FIVE
SUMMARY, CONCLUSION AND RECOMMENDATION
SUMMARY:
As elsewhere in Nigeria land is a major socio-economic asset of tremendous importance. The way rights related to land are defined influences how land resources are used and, hence, economic growth. The present day Nigeria is surely well aware of this determining fact and hence land related property is regulated by the country’s most supreme law, ie the constitution. In addition to this decisive measure, the country has introduced some policy changes since 1991: the frequency of land redistribution is highly reduced, various ways of transfer of real property are defined; some land laws are issued, and rural landlord-tenant relationship and certification is introduced with an obvious developing interest and commitment. In an increasingly industrialized and customer oriented society that placed more value on the tenant’s rights and landlords with multiple obligations. The statutes and case law established and supported these. For example, courts rarely allowed forfeiture of the lease for non payment of rent, if some tender of the sum due was made prior to the eviction. Furthermore, the landlord and tenant legal relationship has become more and more complicated as societal issues have become more prominent, such as environmental laws, the rights of dis-advantaged people and lending and bankruptcy law complexity.
Landlords in San Francisco face unique issues due to the restrictions placed on them by San Francisco Residential rent stabilization and Arbitration ordinance, or commonly known as the rent control ordinance. The majority of tenants in san Francisco are covered by the Rent control ordinance which limits the amount that landlords can increase a tenants rent each year and severely limits the landlords ability to terminate a tenancy.
CONCLUSION
Although rent controlled tenants enjoy lower rents, there are negatives for the tenant too under this system. landlords are not likely to make unnecessary improvements to rent controlled units and often times put off making improvements to the building as a whole. Repairs and maintenance are often kept to a bare minimum and cosmetic improvements such as new carpet and paint are rarely undertaken.
Tenants can also suffer if one of their neighbours is creating a nuisance-playing loud music, late into the night or other undesirable behaviour. It is extremely difficult to evict a bad tenant that is bothering everyone else in the building as that tenant is protected by the rent control ordinance too.
Roommate changes are an area of rent control in San Francisco where landlords should proceed with caution, the rent control ordinance dictates that landlords must allow tenants to replace one roommate with another,.
However, “Aladinma property manager” advises that new roommates be treated as “unauthorized subtenants”. The landlords should not acknowledge the new roommate in any way-do not take an application, accept a rent check, or respond to the new tenant verbally or in writing. The original tenants on the lease are considered “master tenants” and once all the master tenants have vacated the property the remaining unauthorized subtenant are not covered by much of the rent control ordinance – thus allowing the landlord to raise the rent to fair market value.
RECOMMENDATION
The Aladinma with its master tenants, unauthorized sub-tenants, and other rules can lead to many unintended and undesirable consequences for landlords who are not familiar with the ordinance making even a small mistake could end up being a costly blunder. Becoming familiar with the rent control ordinance is a must for all San Francisco Landlords.
A proposed revision of the financial Accounting Standards Board (FASB) rules affecting accounting leases, a section earlier called GAS 13, will profoundly affect the way both landlords and tenants treats leases, and it could affect property values, according to a report by the CCIM institute. FASB is a basis for the generally accepted accounting principles, or GAAP, in the United states. Relationships between tenants and landlords can be enhanced if the parties improve their communication skills, make communication goals oriented, approach communication with a positive and creative attitude, and work to reduce barriers.
Relationships are an important and often under appreciated source of risk for Ohio farmers and their landlords. For the landowners, an effective relationship management strategy helps ensure that her investment (or other) goals for the farm land are reached. For the producer, it is fundamentally important to his security of tenure. For both parties, it prevents or mitigates the “costs” of conflict and disagreement. Finally, in an environment characterized by strong competition for leased acreage, superior relationships provide farmers with a potential source of sustainable competitive advantage.
REFERENCES
- Abab. S. (2007) An Assessment of Rural Landlord-tenant relationship and land information system in Imo state region, Nigeria? A land administration perspective. Royal Institute of Technology (KTH), Stockholm, Sweden.
- Action Aid Nigeria (2006) policies and practices for securing and improving Access to and control over land in Nigeria. Paper presented at FAO International Conference on Agrarian Reform and Rural Development held in Porto Alegre, brazil, March 7-10.
- Admassie, Y. (1995) “Twenty years to nowhere: Property Rights; Land management and conservation in Nigeria. “Department of sociology, Uppsala University Uppsala, Sweden.
- Aham A. (2000), Research Methodology in Business and social science. Owerri canun publisher Nigeria Ltd.
- Barry, P.J., N.L. Sotomayor, and L.E. Moss. “Professional farm managers’ views on leasing contracts and land control: An Illinois perspective” Journal of the ASFMRA 62 (199899):1519.
- Bierlen, R. and L.D. Parsch. “Tenant satisfaction with land leases” Review of Agricultural economics 18 (1996): 505513.
- Berhanu, A. and Feyera, A. (2005) landlord-tenant relationship in Imo state Region, Nigeria. Russell Press, UK.ISBN 184369 5766.
- Dunaway, R.M. and D.L. Duntennan. Farm and Ranch Lease guide. Bushnell, II: Ag Executive, Inc. 1995.
