Tenancy in Lagos is governed by the Lagos State Tenancy Law. A separate Bill proposing changes
has been before the House of Assembly, and a great deal of confusing information circulates because
reporting often presents the proposals as if they were already in force.
This guide separates the two: what applies now, and what is proposed.
This is a plain-language summary for general guidance, not legal advice. Tenancy disputes
turn on the specific terms of your agreement and the facts. Take advice from a Nigerian property
lawyer before acting.
What governs tenancy in Lagos today
The law in force is the Lagos State Tenancy Law of 2011. It sets out the framework for
residential and commercial tenancies in the state: how tenancies are created and ended, what
notice a landlord must give, how possession is recovered, and what obligations sit on each
side.
Critically, the 2011 law remains the law. The proposals reported during 2025
and 2026 — a one-year rent cap, faster deposit refunds and so on — come from a Bill that has not
replaced it. Until that Bill is passed and commenced, agreements are governed by what is already
in force.
How the law categorises tenancies
The 2011 law distinguishes tenancies by the period for which rent is paid — weekly, monthly,
quarterly, half-yearly or yearly. That distinction matters because it drives the notice periods
that apply when a tenancy is to end.
This is why the length and structure of the tenancy, not the size of the property or the
personality of the landlord, is what determines most of the practical questions.
Notice: the part that causes the most disputes
Ending a tenancy in Lagos is a procedure, and skipping a step invalidates everything that
follows. Broadly, a landlord seeking possession must:
- Serve a valid notice to quit, giving the period of notice the law requires
for that type of tenancy - Serve a notice of the owner’s intention to recover possession after the
notice to quit expires - Only then apply to the court for possession if the tenant has not left
Each notice has a required form and duration, and the sequence cannot be collapsed. A landlord
who changes the locks without completing it has not speeded up an eviction — they have created a
wrongful eviction claim.
Whatever notice periods the statute sets, the tenancy agreement can specify stricter
requirements, and those terms bind both sides. Read the agreement before assuming the statutory
minimum is what applies to you.
Rent and advance rent
Advance rent — paying two or three years upfront — is standard practice in Lagos and a frequent
source of friction, particularly for tenants on monthly incomes.
Two things are worth understanding:
- What the agreement actually requires, since the terms you signed govern your obligations
- That proposals to limit advance rent to shorter periods are exactly that — proposals, until
passed
If you are negotiating a new tenancy, advance rent and the rent review clause are the two terms
most worth negotiating, because they determine your cash-flow exposure for years.
Security deposits
A deposit is not rent. It is held against damage or unpaid obligations and should be accounted
for when the tenancy ends.
The disputes arise over three things:
- What counts as damage versus fair wear and tear
- When it is returned, which agreements often leave vague
- Documentation — what the property looked like when you moved in
The practical protection for a tenant is an inventory or photographic record agreed at the
start. Without one, the argument at the end is one person’s word against another’s.
Landlord obligations
- Quiet enjoyment — the tenant is entitled to occupy without interference
- Repairs — the landlord is responsible for the structure and for the
systems they control; the tenant is generally responsible for internal upkeep - Legal process — recovering possession through the courts, not through
self-help - Notices in the correct form — procedural defects defeat possession claims
Tenant obligations
- Pay rent as agreed, on the schedule in the agreement
- Keep the premises in reasonable condition and report damage
- Do not sublet or assign without the landlord’s consent where the agreement
requires it - Return possession at the end of a validly terminated tenancy
If a dispute arises
Most Lagos tenancy disputes are procedural rather than moral: someone served the wrong notice,
recovered possession without a court order, or withheld a deposit without justification. The
party who keeps a written record — the agreement, receipts for rent and deposit, correspondence,
dated photographs — is in a far stronger position.
Where both sides are willing, mediation resolves tenancy disputes faster and cheaper than
court. Where they are not, the law requires the court route, and it takes time.
What a tenancy agreement should actually contain
Most disputes would not arise if the agreement dealt with a handful of things clearly. Whether
you are the landlord or the tenant, these are the clauses to read carefully — and, on a new
tenancy, to negotiate.
- Parties and property — the full names of landlord and tenant, and a precise
description of what is being let, including any parking, storage or shared areas - Term — when it starts, how long it runs, and whether it renews
automatically - Rent and review — the amount, when it is payable, and specifically how and
when rent can be reviewed. A vague review clause is an invitation to dispute - Advance rent — how far ahead payment is required and on what schedule
- Deposit — the amount, what it may be applied to, and when it will be
returned - Notice periods — what either side must give to end the tenancy, which may be
stricter than the statutory minimum - Repairs and maintenance — who fixes what, and how requests are made
- Use and restrictions — residential or commercial use, subletting, pets,
alterations - Service charge — where the property is in an estate or serviced block, what
the charge covers and how it is reviewed - Dispute resolution — whether the parties have agreed to mediate first
An unwritten tenancy is not automatically invalid, but it is far harder to enforce. In practice
the party with the written agreement wins arguments about what was agreed.
Agency and legal fees
Fees are a recurring flashpoint, and the confusion is understandable because they are set by
market practice rather than by the tenancy law.
What a tenant or landlord should do is simple: agree the fees in writing before any
money changes hands, and get a receipt for every payment. Ask separately for the agent’s
commission, any agreement or documentation fee, and any legal fee, because they are different
things paid to different people.
Proposals to regulate agency fees and to require agent registration have been part of the
reform discussion in Lagos. Until those proposals become law, what applies is the agreement you
signed and the professional standards the parties claim to follow.
Renewal and holding over
Two situations cause avoidable trouble at the end of a tenancy.
Renewal
If the agreement provides for renewal, follow its terms — including any deadline for giving
notice that you intend to renew. Missing that deadline can convert a renewal right into a fresh
negotiation.
Holding over
If a tenant stays on after the tenancy ends without a new agreement, they are holding over. That
creates uncertainty for both sides. A landlord who accepts rent in that situation can find they
have created a new periodic tenancy on the old terms — which is why continuing to collect rent
should be a deliberate decision, not an administrative accident.
Commercial tenancies are different
Much of the commentary online treats tenancy as one topic. It is not. A shop, office or
warehouse let to a business raises questions a residential tenancy does not:
- Repairing obligations — commercial leases frequently place full repairing
and insuring responsibility on the tenant, which is a substantial liability - Rent review — usually upward-only, and often tied to a formula
- Alterations — whether the tenant may fit out, and what must be reinstated
at the end - Assignment and underletting — usually restricted, and often conditional on
the landlord’s consent and the tenant’s continuing liability - Break clauses — the conditions attached to an early exit, which are
frequently stricter than they first appear
If you are taking commercial space, have the lease reviewed by a lawyer who does commercial
work. The sums involved justify it.
Stamp duty on tenancy agreements
Stamp duty applies to tenancy and lease agreements, and the rates that circulate online are
often wrong — some sources quote figures several times the actual rate.
The position is that duty is assessed on the rent and the term, and the rate depends on the
length of the tenancy. A short residential tenancy attracts a far lower rate than the figures
commonly quoted. Because the bands and rates have been the subject of clarification, confirm the
current position with the relevant authority or your solicitor before assuming a figure.
What matters practically is that stamping is not optional paperwork. An unstamped agreement can
create problems if you ever need to rely on it.
What the 2025 Bill proposes
The proposals that have been reported include:
- Limits on advance rent — restricting how far ahead landlords can require
rent to be paid - Faster return of security deposits — setting a deadline and a mechanism
- Tighter eviction procedure — further protection for tenants facing
recovery of possession - Penalties for landlords who circumvent the procedure
- Dispute resolution centres to reduce the volume reaching the courts
None of this is law yet. A Bill before the House of Assembly is a proposal.
It becomes law when passed and commenced. Treat any article — including this one — that presents
these as current rules with caution, and check the position before relying on it.
Practical checklist
For tenants
- Get the agreement in writing and read the rent review and notice clauses
- Agree an inventory or take dated photographs at move-in
- Keep receipts for rent, deposit and any repairs you paid for
- If you receive a notice, check it is in the correct form and has run its full period
For landlords
- Use a written tenancy agreement — word-of-mouth tenancies are far harder to enforce
- Serve notices correctly, through the court process rather than by changing locks
- Document the property’s condition at the start of each tenancy
- Account for deposits in writing when the tenancy ends
Frequently asked questions
Is the Lagos tenancy law 2011 or 2025?
The law in force is the Lagos State Tenancy Law 2011. The 2025 proposals are a Bill and have
not replaced it.
Can my landlord increase rent during a tenancy?
Only in line with the rent review terms in your agreement. If the agreement is silent, there is
no automatic right to increase rent mid-term.
Can my landlord evict me without a court order?
No. Recovering possession requires following the statutory procedure, which ends at the court.
Any eviction that bypasses it is unlawful.
My landlord is keeping my deposit. What can I do?
Ask for a written breakdown of what is being deducted and why. If the deduction is not
justified or the deposit is simply withheld, that is a claim you can pursue.
Related guides
- Renting a property in Nigeria: the complete guide
- Tenancy agreements in Nigeria: what to include
- Landlord and tenant rights in Nigeria
- How to increase rent on a Nigerian property
The short version
The Lagos State Tenancy Law 2011 governs tenancies in Lagos. Notice periods and eviction
procedure are the areas where things most often go wrong, and the agreement you signed overrides
the statutory minimum where it sets stricter terms. Treat the 2025 Bill as a proposal until it is
passed — and get advice on your own facts, because tenancy disputes turn on detail.
