The Important Legislation: Lagos State Tenancy Law

Lagos State has specific regulations under the Lagos State Tenancy Law, which came into effect in 2011. Some key provisions of this law include:

It mandates that tenants who have stayed in a property for more than 6 months cannot be evicted without a court order.

The law also places limits on the landlord’s ability to arbitrarily increase rent or terminate a tenancy agreement.

Tenancy laws in Lagos, Nigeria, govern the relationship between landlords and tenants and aim to assist both.

The new tenancy laws of Lagos State were enacted on the 5th of August 2011 at the Lagos State House of Assembly, following the catastrophic weather of 2011.

New laws had to be implemented after the weather crisis during the rainy season of 2011, which resulted in tragedy:

• A mass number of homes collapsed

• Some residents were killed or gravely injured because of poor maintenance of the structures.

• Scores of people were also left homeless during this period, which prompted the Lagos State government to intervene in the issue.

These are some of fundamental rights and obligations that generally apply to tenants across Lagos State.

TENANCY LAW NO. 14 2011 LAWS OF LAGOS STATE OF NIGERIA

1. It shall be unlawful for a landlord or his agent to demand or receive from a sitting tenant rent in excess of six (6) months for a monthly tenant and one (1) year for a yearly tenant in respect of any premises without prejudice to the nature of tenancy held at the commencement of the tenancy.

2. It shall be unlawful for a sitting tenant to offer or pay rent in excess of one (1) year for a yearly tenant and (6) months for a monthly tenant in respect of any premises.

3. It shall be unlawful for a landlord or his agent to demand or receive from a would-be tenant rent in excess of one (1) year in respect of any premises.

4. It shall be unlawful for a new or would-be tenant to offer or pay rent in excess of one (1) year in respect of any premises.

5. Any person who receives or pays rent in excess of what is prescribed in this section will be guilty of an offence and shall be liable to a fine of One Hundred Thousand Naira (N100, 000.00) or to three (3) months imprisonment.

Here are some further key aspects of tenancy laws in Lagos:

1. Rent and Payment Terms

• Rent Payment: Rent in Lagos is often paid annually, but in some cases, it could be paid quarterly or bi-annually depending on the agreement. Some landlords may also require advance payments, sometimes up to two or three years' rent.

• Rent Control: There is no fixed rent regulation, but landlords cannot arbitrarily increase rent during the term of the lease unless agreed upon in the contract.

2. Tenant’s Rights

• Right to Quiet Enjoyment: Tenants have the right to enjoy their premises peacefully, free from interference from the landlord.

• Notice of Termination: A landlord must provide notice before terminating a lease agreement, with the length of notice varying depending on the agreement. In some cases, a 6-month notice is required for annual tenancies.

• Repairs and Maintenance: Landlords are responsible for maintaining the structural integrity of the property, while tenants are responsible for day-to-day upkeep.

3. Landlord’s Rights

• Eviction: A landlord has the right to evict a tenant if the tenant breaches the terms of the lease, such as not paying rent. However, eviction must be done through a court process; self-help eviction (e.g., changing locks) is illegal.

• Rent Arrears: If a tenant fails to pay rent, the landlord can apply to the court for eviction, especially if the tenant has not paid for an extended period.

4. Security Deposits

• Deposit Amount: Landlords typically require tenants to pay a security deposit, usually equivalent to one or two months' rent, to cover damages or unpaid rent. The deposit is refundable at the end of the tenancy if no damages or outstanding rent exist.

5. Agreement Types

• Written Agreement: While not mandatory, it’s highly advisable for both landlords and tenants to enter into a written tenancy agreement that outlines the terms and conditions, rent amount, duration, responsibilities, and other important details.

• Oral Agreements: These are also common, but they can be more difficult to enforce in case of a dispute.

6. Resolution of Disputes

• Lagos State Rent Tribunal: Tenants and landlords can resolve disputes through the Rent Tribunal in Lagos. The Tribunal helps in cases of rent arrears, eviction, or disagreements between parties.

7. Subletting

• Subletting of rental properties is generally prohibited unless expressly allowed in the tenancy agreement.

8. Illegal Fees and Practices

• Landlords are prohibited from demanding illegal fees or rents outside the stipulated rent. For example, charging for electricity, water, or other basic utilities beyond the actual cost is not allowed.

It's essential for both tenants and landlords to familiarize themselves with the legal framework to avoid misunderstandings and conflicts. Seeking legal advice or consulting a property lawyer may be useful when dealing with complex tenancy issues.

Rights And Obligations

Tenant rights in Lagos are primarily governed by the various tenancy laws and practices in different states, as well as customary and statutory provisions. The legal landscape regarding tenants' rights can vary significantly by location due to different state laws and regulations. 

However, 

Key Tenant Rights 

1. **Right to a Habitable Premises**:

   - Tenants have the right to live in a property that is safe, clean, and suitable for habitation. Landlords are generally required to maintain the property in a livable condition.

2. **Right to Privacy**:

   - Tenants have the right to privacy in their rented space. Landlords cannot enter the property without prior notice or the tenant's consent, except in emergency situations.

3. **Non-Discrimination**:

   - Tenants cannot be discriminated against based on race, gender, religion, or other personal characteristics. This includes fair treatment regarding rental terms and conditions.

4. **Right to Security of Tenure**:

   - Tenants have the right to renew their lease agreements and cannot be arbitrarily evicted without proper notice and legal justification. Nigerian law generally requires that tenants be given notice before eviction.

5. **Right to Receipts for Rent Payments**:

   - Tenants have the right to receive receipts for any rent paid to their landlords. This serves as proof of payment and can be important for resolving disputes.

6. **Right to Withhold Rent**:

   - In certain circumstances (e.g., when the property is not habitable), tenants may have the right to withhold rent, but this should be done cautiously and ideally after seeking legal advice.

7. **Right to Quiet Enjoyment**:

   - Tenants have the right to enjoy their rental property peacefully without interference from landlords or other tenants.

8. **Right to Fair Notice for Rent Increases**:

   - Any increase in rent must typically comply with the terms set out in the tenancy agreement and must be communicated with adequate notice.

Tenant Obligations

In addition to the rights outlined above, tenants also have certain obligations, including:

1. **Paying Rent on Time**: 

   - Tenants are required to pay rent as stipulated in their lease agreements.

2. **Maintaining the Property**:

   - Tenants should take reasonable care of the property and avoid causing damage beyond normal wear and tear.

3. **Not Subletting Without Permission**:

   - If not explicitly allowed in the lease, tenants should not sublet the property without the landlord’s consent.

4. **Following House Rules**:

   - Tenants must adhere to any rules or regulations set by the landlord or property management that are outlined in the lease agreement.

Dispute Resolution

In the event of disputes between tenants and landlords, the following steps may be taken:

1. **Direct Negotiation**: 

   - Tenants should first try to resolve conflicts directly with their landlord.

2. **Formal Complaint**: 

   - If direct negotiation fails, tenants can file a formal complaint with the relevant local authorities or tenancy boards, if available.

3. **Legal Action**: 

   - In more severe cases, tenants may seek legal recourse through the courts.

Conclusion