Micheal
Things You Should Know as a Tenant in Lagos
Navigating the world of renting in Lagos can feel like a maze, especially with the legal and street-smart aspects involved. As a tenant in one of Nigeria’s busiest cities, it’s crucial to be aware of your rights and obligations to avoid falling into any unnecessary complications. Here’s a breakdown of the important things you should know as a tenant in Lagos:
1. No Six Months’ Notice for Defaulting Tenants
If you’re a yearly tenant and have fallen behind on your rent, you aren’t entitled to a lengthy six-month notice. In fact, your landlord only owes you a 7-day notice of their intention to recover possession of the property. Once that notice is given, they can take further steps to reclaim the space legally.
2. Entitlement to 6 Months’ Notice – But Not for Free!
For yearly tenants who are not in default, the law entitles you to a six-month notice before eviction, should your landlord wish to reclaim the property. However, it’s important to note that you still need to pay rent for the six months; it’s not a free grace period! So, as much as that buffer exists, your financial obligation remains.
3. No Agreement? No Problem!
If you don’t have a written rental agreement with your landlord, don’t fret. The Landlord and Tenant Law of Lagos State, 2011 automatically steps in to regulate and protect your tenancy. However, it’s still advisable to have a formal agreement in place for clarity and to avoid misunderstandings.
4. One-Year Rent Cap – No Exceptions
It is illegal for landlords to demand more than one year’s rent in advance, and tenants offering to pay beyond this period is also unlawful. According to Section 4(4) of the Landlord and Tenant Law, any violations can lead to fines or a three-month imprisonment upon conviction.
5. Don’t Forget Your Rent Receipt
Once you’ve paid your rent, you’re entitled to a payment receipt. If your landlord or their representative fails to provide one, they are breaching Section 5 of the Law. Always ensure you get proof of payment to avoid future disputes.
6. Verify Who You Pay Rent To
Lagos is notorious for rental fraud. Before handing over your hard-earned money, ensure the person you’re paying rent to has the legal authority to lease the property and collect rent. If it’s an agent, ask for a power of attorney or any other documentation proving they are authorized to act on behalf of the landlord. If it’s the landlord, cross-check that their account details match their name.
7. Exempt Areas from the Law
The Landlord and Tenant Law applies to most parts of Lagos, but there are exceptions. Areas like Apapa, Ikeja GRA, Ikoyi, and Victoria Island are not governed by this law. Tenants in these regions may have different rental dynamics, so be aware of this if you’re renting in these areas.
8. Breaching Your Tenancy Agreement? Watch Out!
If you breach any clause in your tenancy agreement, such as renovating the property without permission, your landlord can legally evict you. Always ensure you have authorization for any changes you want to make to avoid being thrown out.
9. Rent Increase? Head to Court!
If your landlord decides to unreasonably increase your rent, you have options. Under Section 37 of the Law, you can approach the court to review the rent. The court will examine the circumstances and decide whether the increase is fair or needs adjustment.
10. Forceful Eviction Through Demolition is a Crime
If your landlord attempts to demolish or alter the building to forcefully evict you, they’re committing an offence. This is punishable by fines or up to six months imprisonment. Your landlord must either get a court order for eviction or wait for you to vacate voluntarily. Any other method is considered illegal self-help.
11. Professional Fees – Who Pays?
Whoever hires a professional (such as a lawyer or property manager) for matters concerning the tenancy agreement is responsible for covering their fees. According to Section 11 of the Law, it’s not up to the tenant to pay unless they’re the one who hired the professional.
12. Apartment Inspections: Go During the Rainy Season
This is one of those practical Lagos tips: always inspect an apartment during the rainy season. You’ll get a clearer view of any potential issues, such as leaking roofs, poor drainage, or accessibility problems when it rains. This can save you from unexpected surprises after moving in.
Final Thoughts
Being a tenant in Lagos comes with its unique challenges, but knowing your rights and responsibilities helps you stay ahead. By understanding the Landlord and Tenant Law, verifying the authenticity of rent collectors, and handling rent increases through legal means, you can navigate the Lagos rental scene with confidence.
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