The tenancy law of Lagos State came into force on 24th August, 2011. It is important to note that the law does not have general application throughout the State – Section 1 subsection (1)-(3), Tenancy Law, 2011.
It applies to all premises within Lagos State, including business and residential premises unless otherwise specified.
It does not apply to:
1. Residential premises owned or operated by an educational institution for its staff and students.
2. Residential premises provided for emergency shelter.
3. Residential premises in a care or hospice facility, in a public or private hospital or a mental health facility; and that is made available in the course of providing rehabilitative or therapeutic treatment.
The following areas are
exempted from the application of the law:
1. Apapa
2. Ikeja GRA
3. Ikoyi
4. Victoria Island
The Tenancy Law of Lagos State 2011 has made it obligatory for all landlords to issue rent payment receipt to their tenants in respect of rent paid by tenants. Section 5 subsection (1) of the tenancy laws of Lagos further states that the rent receipt shall state the date on which rent was received, names and addresses of the landlord and tenant, description and location of premises in respect of which the rent is paid, amount of rent paid and period to which the payment relates.
Now, section 5 subsection (3) of the tenancy law prescribes the penalty on the landlord who fails to issue a rent receipt on conviction to a fine of N100,000.
Quit Notice
Section 13 subsection (1) of the tenancy law prescribes the length of notice to be given where there is no agreement between the landlord and the tenant to determine the tenancy, which are; a week’s notice for a tenant at will, one month’s notice for a monthly tenant, three months’ notice for a half- yearly tenant and 6 months’ notice for a yearly tenant.
However, sub section (2) of section 13 further provides that in the case of a monthly tenancy, where the tenant is in arrears of rent for 6 months, the tenancy shall lapse, in other words, there would be no need for a landlord to issue a notice to quit on the tenant; what will be issued is a 7-day notice of owner’s intention to recover possession. The same applies to quarterly or half–yearly tenancy where the tenant is in arrears of rent for 1 year.
Procedure for Recovery of Premises
There are 4 steps or stages in the process for the recovery of premises:
1. Termination or Determination of Tenancy (i.e. notice to quit)
2. Service of 7 days’ notice of owner’s intention to apply to court to recover possession
3. Action in Court by Summons
4. Issuance of Warrant of possession (Section 24)
Under the Tenancy Law of Lagos 2011, Section 29 provides that where a landlord refuses to accept the current rent from a tenant, the tenant may upon application to the Court pay such rent to the Court’s Registry.
A tenant can question an unreasonable increase of rent by the landlord by applying to Court for an order declaring that the increase is unreasonable.
Offences Under the Tenancy Law – Sections 4, 44 Tenancy Law 2011
It is an offence for a landlord or his agent:
1. To demand or receive from a monthly sitting tenant rent for more than 6 months
2. To demand or receive from a yearly sitting tenant rent for more than 1 year
3. To demand or receive from a new tenant rent for more than 1 year
4. Not to issue receipt containing terms under Section 5
5. To demolish, alter or modify a building with a view to ejecting a tenant without the approval of Court
6. To forcibly eject a tenant
7. To threaten or molest a tenant by actions or words with a view to ejecting such tenant
8. To willfully damage the premises
9. To obtain order of possession by false information (an offence under the criminal code for perjury; and shall be liable to pay reasonable compensation to the tenant)
10. Consequences for 1-4 above is N100,000 fine or 3 months imprisonment
11. Consequences for breach of 5-8 is N250,000 fine or 6 months imprisonment
On the part of the tenant
It is an offence for a:
1. Monthly tenant to offer or pay rent for more than 6 months
2. Yearly tenant to offer or pay rent for more than 1 year
3. New tenant to offer or pay rent for more than 1 year
4. Tenant to deprive a landlord from recovering his premises by false information
5. Breach of the above offences attracts N100, 000 fine or 3 months imprisonment.
Conclusively, it must be noted that agents in Lagos are full of dubious practices, therefore before you pay rent to them:
1. Contact the landlord and seek his express permission before you go ahead to transact with his agents.
2. Do not pay any money to the bank account of any agent.
3. Ask for the tenancy agreement which you will enter into with the landlord before you make payments of any kind.
4. Feel free to raise requisition as soon as you notice foul play in the course of your transaction with the landlord, his agents.
5. Do not be in a hurry or desperate as they can capitalize on this to swindle you of your hard-earned money.
6. Ask for a receipt upon payment, not the agent’s receipt.
Note that it is an offence to pay more than a year’s rent!
About the Writer: Evans Ufeli is a lawyer and the author of acclaimed novel, ‘Without Face’. He is also an Alumni member of the Writers Bureau, Manchester, a highly sought-after conference speaker with a passion for the concept of change. He lives in Victoria Island, Lagos. You can contact him via Facebook: Evans Ufeli, Email: evanylaw@yahoo.com, Twitter: @Evansufeli and Phone: 08037712353. He blogs at www.ethicsafrica4u.wordpress.com.
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This article was first published on 18th May 2015
Comments (12)
Thanks for the knowledge-sharing.
pls l want to know the stand of law toward this stiuation. my landlord want eject otber tenant and ask me to pay my own rent but after paying he cut off the water for the whole fact . l went to him but he said nothing can be done.what shall do bcos l live without water for a year but still has my to pay for another rent.
I previously lived in Badagry but work in Igando so I rented an app artment @Igando as I paid my La ndLady 1yr rentage+Agent Fee+ Extra N2000 for new tenant.When I got there I sampled my co-tenan ts opinion&was told dat d LandLa dy always gives a Quit Notice one rent is abt 2 due 4 paymt,I said it can’t be possible until now dat She is doing it 4 me 4 no reason other than saying to people associ ated with me that She wants 2 use her room so they shld tell me to pack out.Pls I need Ur advice very fast and way out as ds matt er is seriously bothering my heart .
I adefemi ,I reside at egbeda gowon estate house 6 g close ,I rented a new apartment last 2year which I paid a year and half which she never issued receipt for me then later balance her after some month which she never issued recepit for me as well on getting to the end of that 2year which remain just 6month she issued me a quit notice for no reason after that she gave 7days notice again now the mediation center as summon me .pls what shld I do reply me immediatly you get these massage it urgent .THANKs
please i have similar case, how do u go about it.
After alot of insult and arrasment by my landlord he gave me quit notice of three month which expire thesame day my one year house rent expired.Two days before my house rent expires the land lock me,my wife and my 3 kids outside.what can i do?
After alot of insult and arrasment by my landlord he gave me quit notice of three month which expire thesame day my one year house rent expired.Two days before my house rent expires the landlord lock me,my wife and my 3 kids outside.what can i do?
My landlady dis connected my water and light over a month d 4th day i paid her for 6 month rentage wch was 45k. This woman has no NEPA meter not to talk of NEPA bill but she always Collect Money from us every month wch she said she use to give it to one senior NEPA official covering dat our area dat they will not disconnect our light. But atleast 2twice in a month they will still disconnect d light and dis woman always bribe dos boys wit 1k again and she will asked us to pay her bak at d end of d month but i always argued wit her though i will pay her bak. Now d NEPA boys came on d 6/11/15 bt d woman was not around den i called dis woman to inform her and she asked me to giv dem 1k which i gave dos guys. So wen d woman came d next day i went to her concerning 1k i gave dos boys dat she should deduct it from d 1500 naira she has already billed me for dat month but dis woman refused started shouting dat it cannot be possible dat i am to sturbon dat my co tenant has never one day querry her den i said i will balance her 500 naira. D third day dis woman started telling everybody in d area dat i am a debtor and dos woman encouraged her to disconnect my light and water, i was nt around wen dey did it . Till now she has not fix it bak, i am not owing dis woman house rent and NEPA bill bt she did all dis thing. Till i hav nt confronted her bicos i don’t want to law into my own hands. So please what do i do?
My landlady came to my room apartment (face me i face)date:27/03/2016 as at 3.14pm ask me to be cleaning the environment on the environmental day which i told has that when i park into her building she did not tell me like what she told me was that i should paid money for cleaning of the compand which i paid for 1year which she later increase it i still agree to balance her now she came back to tell me i will be doing environmental after i paid for cleaning of the yard which i told her that i have paid for that she ask me to leave her build pending when her mother will come back say am an igbo person that am given her wahala.
Kindly advise me.
pls kindly advice, my care taker gave me a quit notice after expiration of my rent. In the notice , he backed dated it for four month even to the period of my rent duration, up to the first the month i suppose to renew my rent.eg my rent expire –january 2016 to be renewed febuary 2016
But on the quit notice–stated 28/4/2016, counting from october 2015 while my rent is still on.
Please , is it true that landlord agent collects 10% of the annual rent paid by each tenant in the
buiding.
My salary and status did not change but I am surprised that my landlord is found of increasing my house rent every year.
Is there any portion of the lagos state tenancy law review that state how often a landlord can increase a house rent for a sitting tenant ?
Please comment if you have the answer