Rental Laws in Lagos: Know Your Rights as a Tenant

The rental housing market in Lagos is fast-paced, competitive, and often unpredictable. With rising demand for accommodation in Nigeria’s economic capital, tenants are increasingly vulnerable to unfair practices, sudden rent hikes, and arbitrary evictions. To address these issues, the Lagos State Tenancy Law of 2011 was enacted to provide a clear legal framework governing rental relationships within the state.

This article offers a comprehensive breakdown of the law, what it means for tenants, and how to assert your rights when dealing with landlords or property agents.

1. Scope of the Tenancy Law

The Lagos State Tenancy Law applies to most areas within the state, with exceptions. It does not cover:

• Ikoyi

• Victoria Island

• Apapa

• Ikeja GRA

These areas are typically governed by separate legal agreements and are excluded due to their high-value property markets.

The law applies to both residential and commercial properties, although it excludes certain categories, such as emergency shelters, hospitals, and student hostels

2. Written Agreements and Legal Documentation

While oral tenancy agreements are legally recognized in Nigeria, the law strongly encourages the use of written agreements. A written lease serves as critical evidence in the event of a dispute and should outline:

• Rent amount and payment schedule

• Duration of the tenancy

• Notice period for termination

• Duties and obligations of both parties

• Conditions for renewal or review

• 
  

Tenants are advised never to make payments without documentation, and to request a signed copy of the lease agreement before handing over rent.

3. Rent Advance Limitations and Receipts

One of the most significant protections offered by the law relates to advance rent payments. The legislation makes it illegal for landlords to:

• Demand more than one year’s rent in advance from new tenants

• Demand more than six months’ rent in advance from existing tenants

  
  

Any landlord who collects rent beyond the legal limit is liable to a fine of ₦100,000 or imprisonment for up to three months.

Furthermore, landlords are legally required to issue receipts for all rent payments. The receipt must state:

• The amount paid

• The payment date

• The period covered by the rent

• The name of the payer and payee

Failure to issue receipts is an offence punishable by a fine.

4. Termination of Tenancy

The Tenancy Law provides explicit guidelines for the termination of a lease. Where there is no written agreement, the following statutory notice periods apply:

• Weekly tenancy: 7 days

• Monthly tenancy: 1 month

• Quarterly or half-yearly tenancy: 3 months

• Yearly tenancy: 6 month

  
  

In the case of fixed-term leases, the notice period is determined by the contract itself, typically ranging from three to six months.

Tenants and landlords must both adhere to these notice requirements, unless they have agreed otherwise in writing. The aim is to protect tenants from abrupt evictions while also allowing landlords sufficient time to reclaim their property lawfully.

In addition to notice periods, the law permits termination of tenancy on specific legal grounds, including:

• Failure to pay rent for at least one month

• Breach of tenancy conditions, such as damage to the property or unauthorized subletting

• The landlord’s personal use of the property for residential purposes

• The need to carry out substantial renovation or redevelopment

  
  

Crucially, the law prohibits “self-help” eviction methods, such as:

• Forcibly locking a tenant out

• Cutting off water or electricity supply

• Removing doors, windows, or roofing

• Threatening or harassing tenants into leaving

Any landlord who evicts a tenant without a valid court order may face a fine of up to ₦250,000 or imprisonment for six months.

If a tenant refuses to vacate after valid notice, the landlord must approach the appropriate magistrate court to seek a possession order, which is enforced by a court-authorized bailiff.

5. Security Deposits and Property Improvements

The law allows landlords to request a security deposit typically not exceeding six months' rent as a safeguard against property damage or unpaid bills. At the end of the tenancy, this deposit must be refunded in full, unless there is documented evidence of damage beyond normal wear and tear.

If a tenant makes any improvements or additions to the property (such as structural modifications, renovations, or repairs), they can only claim reimbursement if they:

• Obtain the landlord’s prior written approval

• Provide proof of expenditure (e.g., invoices, receipts)

• 
  

Tenants are advised not to carry out major improvements without consent, as they may lose their investment

6. Responsibilities of Landlords and Tenants

The law establishes clear responsibilities for both parties:

Landlord Obligations:

• Maintain the premises in a habitable and safe condition

• Carry out major repairs (e.g., plumbing, electrical faults, roofing)

• Provide uninterrupted access to basic utilities where applicable

• Respect the tenant’s right to quiet and peaceful enjoyment of the property

  
  

Tenant Obligations:

• Use the premises for residential purposes only (unless otherwise agreed)

• Pay rent promptly and consistently

• Maintain cleanliness and avoid damaging the property

• Avoid illegal subletting or assigning the lease to another party without written consent

  
  

Failure by either party to meet these responsibilities can result in legal consequences or forfeiture of tenancy rights.

7. Rent Increases and Review Procedure

Rent may be reviewed, but not arbitrarily. Landlords are legally required to:

• Give tenants a minimum of three months’ notice before any rent increase

• Review rent no more than once every 12 months

If a tenant considers the new rent unreasonable, they can challenge it through mediation or in court.

8. Dispute Resolution Mechanism

The Tenancy Law offers a structured pathway for resolving disputes without resorting to litigation:

1. Initial MediationDisputes should first be referred to the Lagos State Real Estate Transaction Department or the Citizens Mediation Centre (CMC). These bodies attempt to reach a fair compromise through guided negotiation.

2. Rent TribunalIf mediation fails, the matter can be escalated to the Rent Tribunal, a quasi-judicial body empowered to adjudicate tenancy issues. The tribunal provides an accessible, faster, and less expensive alternative to conventional courts.

The Lagos State Tenancy Law  represents a significant milestone in protecting the rights of renters and fostering transparency in landlord-tenant relationships. By defining lawful notice periods, outlawing self-help evictions, and mandating fair rent practices, the law seeks to balance power dynamics in a market where tenants have historically been at a disadvantage.

Whether you’re renting a mini flat in Surulere or a duplex in Lekki, understanding your legal rights is the first step to ensuring a secure and respectful tenancy. Always insist on written agreements, document all transactions, and don’t hesitate to seek legal advice or mediation when your rights are under threat.

For further inquiries or legal support, visit the Lagos State Real Estate Regulatory Authority (LASRERA) or the Citizens Mediation Centre.