Oct 18, 2012

RIGHTS & DUTIES OF TENANTS IN LAGOS STATE

In Lagos State, the law that applies to tenancy matters is the Tenancy Law of Lagos State 2011 though it doesn't apply to every part of Lagos, areas such as Apapa; Ikeja G.R.A; Ikoyi; and Victoria Island are exempted from the law. Also, residential premises operated by educational institutes for their staff and students; residential premises provided for emergency shelters and residential premises providing rehabilitative or therapeutic treatment are exempted from the Law as well.  
The introduction of the Law by Governor Fashola won the heart of Lagosians because it prohibited property owners from collecting more than a year's rent from tenants, it also prohibits the tenant from offering and if either party are found culpable of such act they shall be liable to 3 months imprisonment or a fine of N100,000. 00.
 
Under the Tenancy Law, tenants are entitled to quiet and peaceful enjoyment of the premises, this includes; privacy, freedom from unreasonable disturbance, exclusive possession of the premises and the use of common areas for reasonable and lawful purposes. But, tenants also have certain duties and obligations under the tenancy agreement, which include: 

  - duty to pay rent at the times and in the manner stated
- duty to pay all existing and future rates and charges not payable by the landlord by law.
- to keep the premises in good and tenantable condition.
- permit the landlord's agents to effect repairs.
- not  to make alterations on the building without express consent from the landlord.
- not to assign or sub let the property without the consent of the landlord, and
- inform  the landlord when repairs are to be made. 

The Law allows landlords to collect service charges but states that a seperate receipt must be issued for such payments. The tenants are however entitled to a written account  of how such funds  are used. Where the tenant fails to adhere to the conditions of rent, the tenancy agreement may be terminated by the Landlord taking possession of the property. 

Adedunmade Onibokun Esq.
@adedunmade
dunmadeo@yahoo.com
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29 comments:

  1. I would love to know if it is compulsary to give 3 months extra after issuing quit notice 6 months to the expiring date of the rent where the tenant fails to quit the premises.

    ReplyDelete
    Replies
    1. Nope. At the expiration of the 6 months quit notice, you need only give the tenant a further 7 days notice. If the tenant refuses to leave, then you contract a Legal Practitioner to help eject him from the premises.

      Delete
  2. I found this quite informative. To think I lived in Lagos and never knew all this. Thanks for sharing.

    ReplyDelete
  3. just paid for another year rent and heard my landlord has sold the house but,i have not received any notice prior to this. i would like to know if by law i can collect my full one year rent back?

    ReplyDelete
  4. As a tenant, there are certain rights you should be aware of to protect yourself.
    California renters rights give you protection against landlords who wish to abuse the system.
    Unfortunately, many tenants do not take the time to understand their rights and get taken advantage of.
    The following explores some of the most important and most relevant rights tenants have in California.
    This is only a small listing of information that can be found at our site to protect yourself.
    Renters rights in Los Angeles are largely the same as in other California cities,
    so this information is relevant regardless of where you live. First of all,
    a landlord can never discriminate against a tenant. A landlord cannot refuse a room to or harass a tenant based on race,
    color, religion, sex, sexual orientation, age, immigration status, religion, national origin,
    disability, or if they are pregnant or have children. Landlords must also allow all service animals,
    regardless of pet policies within the building. Your landlord also cannot try to retaliate against you if you take action against his unlawful actions. For example,
    if you file a claim with an agency about your landlord, he cannot legally raise your rent, evict you,
    or stop providing services because of it.
    if you need more informacon check renters rights

    ReplyDelete
    Replies
    1. Pls my house rent has expired and the landlady refused to rent but for me to moved out, she cut my access to power(PHCN), she blocked my service line of water, and changed the key to the main gate .by so doing I don't have access to my house again so I left the following day to work, I was at work when someone called me that my house has been buggled and my flat screen TV and laptop stolen. Now the lawyer want me out, WHAT Can I DO to stop all this injustice?

      Delete
  5. I rented an apartment for 1yr and to pay for the second year the payment was delayed for a month for a solid reasons, when I present the new payment to the landlord he rejected rent and he gave me 3months quit notice which I told him is too short. I will like to know do I have right to 6 months extension.

    ReplyDelete
  6. i rented a apartment i november, did some minor repairs and moved in with my family by december. then i discovered that the former tenant had an outstanding bill amounting to twenty four thousad naira. my land clained he had no knoweldge of it and can not really do anything about it. i reported to the nepa and they said it was the duty of the land to recover the money for the bill. nepa has disconected my line from the power source due to the outstanding bill. please i need an advise. thanks.

    ReplyDelete
  7. I rented apartm december which de house is not complete yet e.g water,florrin d landlor tolme it b read b4 chrismas an d house rent started readin at december 31 and d house is not ready28 january pls I want to kno if I can refuse d date of startin of d moni?

    ReplyDelete
  8. We have a tenant in my fathers house whose rent expired may 15, 2013. He promised to pay up till now but the question I asked him is that if he succeeds to pay the arrears when will he pay the current year?
    After all said and done hes been asked to leave the apartment by June ending and leave the money he is owing but he is choosing to go to mediation center for us to allow him more time.
    Please can I get the law to get him out?

    ReplyDelete
  9. I rented an apartment in July 2013. After the payment, my landlady refused to complete the apartment which i had to do with my own money. In march 2014, she informed me of her intention to increase the rent by the end of April. Then, she came again informing me of her decision to sell the house. i told her to give me eviction notice since there was an agreement binding us made by a lawyer and also to give me 6month notice in accordance with the section 12 of lagos state tenancy law. She invited me to lagos state citizens mediation centre of which she was told to give me an eviction and 6months notice. She refused to comply and has been threatening to evict me by using the military. What do you advice i do. Please i need your urgent response.
    Dapo

    ReplyDelete
  10. I rented an apartment for 2yrs in iju/fagba area of lagos state and paid 6months for the 3rd year for solid reasons, the landlord threatened to pay back the money and threatened to give quit notice. I will like to know do I have right to 6 months notice and what is the procedure for eviction. Pls its urgent. Thanks

    Sam

    ReplyDelete
    Replies
    1. Hi Sam, if you are.in the 3rd year of your rent, you will ne entitled to 3 months notice because you paid 3 months but if you are.in the first or 2nd year, you are entitled to a 6 months notice. For procedure, a notice to quit is served on the tenant depending on the type of rent (yearly, weekly etc) , then a 7 days notice to recover is served if u dnt leave after the 6 notice before u are taking to court and evicted by the court.

      Delete
  11. My rent expired in September but i had earlier send a note to my landlord lawyer that he will get my next rent in October. He acknowledged the note and agree to my request.
    i saw surprised he send me a quit notice of 6 months and requesting that i have t pay for the period . Do i need to pay any rent for d 6 month quit notice period?

    ReplyDelete
  12. Hi,
    My rent expired on the 31st of dec 2014, though my landlady had given me a 6 months quit notice which she backdated from september 2014(before my rent expired) to expire by march 2015.Though i promised to move out by May 2015 but to my surprise, 2 days ago she brought 7 days ejection letter which was signed by her lawyer. Should i take this to the mediation center or what should i do as i know i should be entitled to 6 months notice.

    ReplyDelete
  13. Hi Dainty,

    I recommend you take it to the mediation centre. So you can get advice and maybe even call your Landlord to the table.

    ReplyDelete
  14. pls my house rent will be expiring September of this year but my landlord gave me quit notice last week 18th june 2015, and started counting the 6 month quit notice from the same june. is this ok or the notice should start counting from when my house rent expires which is September, thanks pls need an anwer.

    ReplyDelete
    Replies
    1. Thanks for your question,a notice to quit is meant to end on the eve of the day your tenancy expired.

      Delete
  15. HI,please what does the law say about rent increment with regards to percentage increment and year of increment for a yearly tenant.
    Regards

    ReplyDelete
  16. Good day, my rent is due to expire by 31st of December 2015 and my landlord has sent an sms requesting g for renewal. I replied and told him I will pay him on or before 1st week of March but he replied and said it's not possible. What do you advice I do? Thanks a lot

    ReplyDelete
    Replies
    1. A peaceful way to resolve the issue will be to plead with your Landlord for time.

      Delete
  17. Hello Adedunmade, a property was leased to us for 5+5 years. consideration was paid for five years upfront.
    the same was mortgaged to a bank. unfortunately, the landlord did not pay up the loan and the right to sell arose.
    The bank sold the property and now we have a new landlord. this land.
    The lease has not been registered.
    the now land lord has offered to lease the property to us for 3 years with 100% increase on the same property.
    keep in mind our old lease agreement has not expired.
    1. How can we protect our selves from the new landlord's increase?
    2. is arbitration an option?
    3. this new landlord told us that the old lease is dead on arrival.

    ReplyDelete
  18. My cousin brother rented an apartment, lived in there for some years and got transferred by his company, so he had to leave there, but he decides that I should occupy it place till anytime he may return. This is to the notice of the house owner before he left but whenever the house owner comes around, he speaks aggressively that he must collect another agreement money. My cousin refuses to discuss with him and it seems like he has not been collecting receipt for the payment of the rent due to their relationship.. pls can I get advises on How to g about this? Thanks...

    ReplyDelete
  19. Good morning.
    Pls help me with this question. I told my landlord last year a month to our yearly expiry date, that we wanted to move out, but he insisted we paid another year's rent pending when we moved. After 2months of rent renewal, he gave a quit notice. Our rent is due in June and he insists he wants us out on the 30th of June. Pls what stands should I take as regards my right and do I pay rent during yhe period of quit notice? Pls help me with this question Sir.

    ReplyDelete
  20. Good morning.
    Pls help me with this question. I told my landlord last year a month to our yearly expiry date, that we wanted to move out, but he insisted we paid another year's rent pending when we moved. After 2months of rent renewal, he gave a quit notice. Our rent is due in June and he insists he wants us out on the 30th of June. Pls what stands should I take as regards my right and do I pay rent during yhe period of quit notice? Pls help me with this question Sir.

    ReplyDelete
    Replies
    1. Dear Elizabeth

      Thanks for your question, pls note that you are to pay rent even when a Quit Notice has been served because you have to pay the Landlord anytime you are in use of his property.

      Has your lawyer confirmed to you if the Notice is valid?

      Delete
  21. Good morning, I am a yearly payment tenant, I just paid one year rent for the apartment after 3month the agent brought a letter to quit the apartment while my rent is still on. My rent will be due March 2018 and in August 2017 the agent brought a letter dating from 31st July 2017-31st Jan 2018 to quit the house when my rent will still expire March, what legal action can be taken against them for this act. I have never never default payment for once still there years I started staying there rather every year they bring letter for increment in obnoxious way

    ReplyDelete
  22. Good morning, we as tenant always have a huge prooblem with our landlord anytime we challenge him as regards repair in our compound, our flats are liking and no repairs, when rain falls the water is stagnant in the compound due to poor drainage
    The most interesting part is that monthly we pay phcn bills as soon as its been shared but our landlord doesnt remit for close to 6months now, Nepa has cut our light and he's still not saying anything towards it. What do we do.

    ReplyDelete

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