Ridwan Oke, a legal practitioner and real estate expert has listed important things a Lagos tenant should know as contained in the law.
Lagos, known for its vibrant economy and growing population, has witnessed a surge in real estate demand over the years.
This has led to increased rental prices and a complex landlord-tenant landscape. To protect the rights of both parties, the Lagos State Government enacted the Landlord and Tenant Law in 2011.
Oke, in a post on his X account on Monday, highlighted major things a tenant should know from the law. They include:
Notice requirements for defaulting tenants
Oke stressed that yearly tenants who default on their rent are only entitled to a 7-day notice from the landlord, signalling the landlord’s intention to recover possession of the property. This debunks a common misconception that defaulters are entitled to a six-month notice.
“As a yearly tenant who is defaulting, you are not entitled to 6 months notice. The only thing your landlord owes you is a 7 days notice of owners intention to recover possession,” the lawyer said.
Non-defaulting tenants
For tenants who are not in default, landlords must issue a six-month notice before eviction. However, Oke clarified that tenants are still obligated to pay rent during this notice period, a point often misunderstood.
“However, you will still pay your rent for the duration of that 6 months. It’s not free,” he said.
Read also: Understanding the rights and responsibilities of tenants in Lagos
No written agreement, no problem
Even in situations where there is no written tenancy agreement, tenants are protected by the Landlord and Tenant Law of Lagos State, 2011, which governs all tenancy relationships in the state.
Rent payments over one year are illegal
Oke pointed out that it is illegal for landlords to demand rent over one year, and equally unlawful for tenants to offer such payments.
“This is illegal and contrary to section 4(4) of the Landlord and Tenant Law of Lagos State. It is punishable on conviction with fine or three months imprisonment,” the real estate expert said.
Receipt of rent payment
Upon payment of rent, tenants are entitled to a receipt, as per section 5 of the law. The failure of landlords or their representatives to issue receipts constitutes a legal breach, he said.
Verify the person receiving rent
In an environment ripe with fraudsters, Oke advised tenants to ensure that whoever is collecting rent is authorised to do so.
“If it’s an agent receiving rent, ask for a power of attorney or any other document that entitles them to receive the rent. If it’s the landlord receiving the rent, make sure the account details for payment matches their name,” the lawyer said.
Some locations excluded from the law
The Landlord and Tenant Law of Lagos State applies to the entire Lagos State except Apapa, Ikeja GRA, Ikoyi and Victoria Island.
On why the areas were excluded, Oke said, “It is opined that tenants in those areas have better bargaining power and as such do not need govt protection.”
Grounds for ejection
Tenants who breach any clause in their tenancy agreement, such as unauthorized renovations, provide valid grounds for eviction, according to Oke.
Unreasonable rent increases
Where your landlord increases rent unreasonably, you can approach the court under section 37 of the law and the Court can review the rent after examining the surrounding circumstances, the legal practitioner said.
Forceful ejection
Oke emphasised that it is illegal for landlords to demolish, alter, or modify a building to forcefully eject a tenant. Such actions are punishable by fines or up to six months in prison. Landlords must pursue lawful possession through the courts.
Professional fees
If a professional, such as a lawyer or agent, is engaged in drawing up a tenancy agreement, the party who hires the professional is responsible for paying the associated fees, as outlined in section 11 of the law.
Apartment inspection
Streetwise, you should go for inspection of the apartment you’re renting during the rainy season. It exposes the issues in the apartment such as roof leaking, environmental issues and accessibility during the rainy season, the Lagos-based lawyer advised.
Oke’s detailed insights provide tenants with the tools to navigate the legal and practical challenges of renting in Lagos, ensuring they are better protected and more informed in their housing decisions.
