Eniola Ajose
The Lagos State Tenancy Law has been updated to better protect tenants and regulate landlord practices. Here are the key provisions:
1. Advance Rent Restrictions
Landlords are prohibited from demanding more than three (3) months' rent in advance from sitting tenants. Similarly, tenants are not allowed to pay more than three months' rent upfront. Violations can result in fines up to ₦100,000 or imprisonment for up to three months.
2. Mandatory Rent Receipts
Landlords must issue rent payment receipts to tenants, detailing the payment date, names of both parties, property location, amount paid, and the rental period covered. Failure to provide a receipt can lead to a ₦10,000 fine.
3. Tenancy Agreement Fee Cap
The Lagos State Government has reaffirmed that tenancy agreement fees should not exceed 10% of the annual rent. Landlords and agents charging above this limit are in violation of the law.
4. Notice Periods for Termination
In the absence of a written agreement, the law stipulates the following notice periods:
One week's notice for a weekly tenant
One month's notice for a monthly tenant
Three months' notice for a quarterly or half-yearly tenant
Six months' notice for a yearly tenant
If a monthly tenant is in arrears for three months, the landlord may seek possession through the courts.
5. Tenant Rights
Tenants are entitled to:
Reasonable privacy
Freedom from unreasonable disturbance
Exclusive possession of the premises
Use of common areas for lawful purposes
Additionally, tenants who make improvements with the landlord's written consent may claim compensation if the tenancy is terminated.
6. Dispute Resolution
Tenancy disputes can be addressed in either the High Court or Magistrates’ Court within the relevant jurisdiction.
7. Prohibition of Unlawful Evictions
Landlords must not evict tenants without following due legal process. Self-help evictions are prohibited and can result in legal penalties.
For further details or to report violations, tenants can contact the Lagos State Real Estate Regulatory Authority (LASRERA). The Lagos State Government's position is that the total charge for legal and agreement fees combined should not exceed 10% of the annual rent.
Example:
If the annual rent is ₦1,000,000:
Total charge for both legal and agreement fees together should be ₦100,000 or less.
This means legal = 5% and agreement = 5%, or any other breakdown, as long as the total does not exceed 10%.
Anything above this is considered illegal under the Lagos Tenancy Law.
If you need a formal reference or want to lodge a complaint, you can contact LASRERA (Lagos State Real Estate Regulatory Authority).
