Introduction: What Every Tenant in Lagos Should Know
The Lagos Tenancy Law 2011 sets the ground rules for renting homes and business premises in Lagos State. It codifies tenants’ rights to quiet enjoyment, fair notice before eviction, transparency on service charges, receipts for rent, and court-supervised recoveries—not self-help. It also restricts advance rent demands and empowers courts to review unreasonable rent increases. In short, no landlord may lawfully evict a tenant in Lagos without due process. Nnamdi Ebo Legal
1) Scope: Where and to Whom the Law Applies
- General application. The Law applies to all premises in Lagos—residential and business—unless otherwise stated. Nnamdi Ebo Legal
- Exclusions. It does not apply to institutional or special-purpose accommodation (e.g., school staff/student housing, emergency shelters, hospices, hospitals, or therapeutic/rehabilitation premises). Nnamdi Ebo Legal
- Area exemptions. Apapa, Ikeja GRA, Ikoyi, and Victoria Island are exempted from the Law (unless the Governor extends or varies exemptions by Gazette). Nnamdi Ebo Legal
- Tenancy exists even without a written agreement. A tenancy may be oral or implied; value and possession are enough to create one. Nnamdi Ebo Legal
Practical tip: Even where the Law is excluded by area or category, most courts still frown at self-help. Due process remains best practice.
2) Core Tenant Rights You Can Enforce
A. Quiet and Peaceable Enjoyment
Tenants are entitled to privacy, freedom from unreasonable disturbance, exclusive possession, and reasonable use of common areas. Landlord inspections must be reasonable and within limits. Nnamdi Ebo Legal
B. Compensation for Approved Improvements
If—with prior written consent—you improved the premises and your tenancy is determined, you may claim compensation for those improvements on quitting. Nnamdi Ebo Legal
C. Mandatory Rent Receipts
Landlords must issue rent receipts stating the date, parties, property description, amount, and the rent period covered. Failure attracts a statutory fine. Nnamdi Ebo Legal
D. Transparency on Service Charge & Deposits
Where a landlord requires security deposits, service/facility payments, or estate service charges, the landlord must issue separate receipts and provide a written account at least every six months of how monies were spent. Nnamdi Ebo Legal
E. Protection from Unlawful Eviction
Pending determination of a tenancy action in court, it is unlawful to eject a tenant. Eviction is by order of court—never by force, threats, or lock-outs. Nnamdi Ebo Legal
3) Limits on Advance Rent Demands (and Payments)
The Law criminalises excessive advance rent:
- Sitting tenants: a landlord cannot demand/receive > 6 months from a monthly tenant or > 1 year from a yearly tenant; and a sitting tenant cannot pay beyond those limits.
- New/would-be tenants: landlord and tenant alike cannot demand/offer > 1 year rent in advance.
- Penalty: fine or imprisonment on conviction. Nnamdi Ebo Legal
Practice note: Courts enforce these limits strictly. Tenants should insist on compliant invoicing cycles; landlords should restructure cash-flow lawfully.
4) Notice Periods Before You Can Be Asked to Leave
If your tenancy agreement is silent on notice lengths, the default statutory notice applies:
- Tenant-at-will: 1 week
- Monthly tenancy: 1 month
- Quarterly tenancy: 3 months
- Half-yearly tenancy: 3 months
- Yearly tenancy: 6 months Nnamdi Ebo Legal
Fixed terms: Where a fixed term ends by effluxion of time, no notice to quit is required. However, if the landlord intends to sue for possession, they must still serve a 7-day Owner’s Intention to Recover Possession notice. Nnamdi Ebo Legal
Arrears triggers:
- Monthly tenancy in 6 months’ arrears: the tenancy lapses, and the court may order possession on proof.
- Quarterly/half-yearly tenancy in 1 year’s arrears: similar effect. Nnamdi Ebo Legal
5) The Notices Must Be Properly Served
For residential premises, proper service includes:
- Personal service on the tenant;
- Delivery to an adult resident at the premises;
- Courier delivery to the premises with proof of delivery when the tenant cannot be found. Nnamdi Ebo Legal
After a valid Notice to Quit expires and the tenant remains, the landlord must serve a 7-day Owner’s Intention notice (Form TL4/TL5) and then file in court. Nnamdi Ebo Legal
6) Challenging Unreasonable Rent Increases
An existing tenant may apply to court for a declaration that a proposed rent increase is unreasonable. The court considers comparable local rents, witness evidence, and special circumstances, and may vary the rent or set a new amount. Nnamdi Ebo Legal
7) Landlord Obligations that Safeguard Tenants
- Do not disturb quiet enjoyment.
- Pay rates/charges stipulated by law (unless otherwise agreed).
- Insure the premises against loss or damage.
- Do not seize tenant property or block access to it.
- Maintain/repair external and common parts. Nnamdi Ebo Legal
Business tenants gain extra protection—if a landlord’s acts inhibit access, reduce customer flow, or cause loss by failing to maintain shared plant, the court may award compensation. Nnamdi Ebo Legal
8) Deposits, Agents’ Fees, and Professional Costs
- Security deposits: separate receipts and periodic accounts are compulsory. Nnamdi Ebo Legal
- Who pays professional fees? The party who engages the professional (lawyer/agent) bears that cost, from the start of the tenancy. Nnamdi Ebo Legal
9) Eviction: The Only Lawful Route
The sequence is (i) valid notice → (ii) 7-day Owner’s Intention → (iii) court action → (iv) judgment → (v) warrant of possession. Anything else is unlawful. Courts will not condone self-help. Nnamdi Ebo Legal
Related criminal safeguards: Lagos also criminalises forceful entry and illegal occupation under the Properties Protection (Land Grabbers) Law 2016, which supports orderly, court-supervised possessory remedies. lawpavilion.com+1
10) Practical Scenarios (Applied Guidance)
- Landlord refuses to issue receipts. Write formally referencing Section 5; non-compliance attracts a statutory fine. Keep your bank proofs. Nnamdi Ebo Legal
- Rent suddenly doubled. File an application under Section 37 to review the increase as unreasonable; prepare comparables and evidence of condition. Nnamdi Ebo Legal
- Lock-out while case is pending. Section 37(4) bars ejecting a tenant pending determination; urgent motion for injunction/contempt may lie. Nnamdi Ebo Legal
- Six months’ arrears (monthly tenancy). The tenancy lapses by statute; however, the landlord still requires the court’s order to recover possession. Nnamdi Ebo Legal
- Service charges without account. Demand a six-monthly written account of disbursements; escalate with documentary gaps. Nnamdi Ebo Legal
11) Tenants’ Duties (Know Them—They Protect Your Rights)
- Pay rent on time as agreed.
- Keep the premises tenantable (fair wear and tear excepted).
- No alterations/subletting without written consent.
- Allow reasonable inspections on prior written notice.
- Notify the landlord promptly about serious damage. Nnamdi Ebo Legal
Failure to keep your side of the bargain weakens equitable relief and strengthens a landlord’s claim for possession.
12) Procedure & Jurisdiction in Brief
- Magistrates’ Courts (or High Court, where rent value exceeds Magistrates’ jurisdiction) hear tenancy matters; ADR via LMDC/CMC does not oust jurisdiction. Nnamdi Ebo Legal
- Upon judgment for possession, the warrant issues at landlord’s instance and cost. All “extra-judicial” evictions remain unlawful. Nnamdi Ebo Legal
13) Reform Watch (2025 Draft Bill)
The Lagos State House of Assembly has circulated a Tenancy & Recovery of Premises Bill (2025) proposing adjustments (e.g., streamlining notices in certain arrears scenarios). It is a draft; unless and until enacted, the 2011 Law remains the governing statute. Always check the latest status before acting. lagoshouseofassembly.gov.ng+1
Frequently Asked Questions (Fast Answers You Can Quote)
Q1. Can my landlord collect two years’ rent upfront?
No—for a sitting yearly tenant the maximum advance is 1 year; for a monthly tenant 6 months. New tenants cannot lawfully be asked to pay > 1 year in advance. Nnamdi Ebo Legal
Q2. I didn’t sign anything—do I have rights?
Yes. A tenancy may be oral or implied; the Law still protects you. Nnamdi Ebo Legal
Q3. How much notice must I get?
If your agreement is silent: 1 week (tenant-at-will), 1 month (monthly), 3 months (quarterly/half-yearly), 6 months (yearly). Fixed terms end without a quit notice; but the landlord must still serve a 7-day owner’s intention before suing. Nnamdi Ebo Legal
Q4. Can the court reduce an unreasonable rent hike?
Yes. Courts can declare an increase unreasonable and set a fairer amount. Nnamdi Ebo Legal
Q5. My landlord locked me out.
That is unlawful. Seek urgent relief; the Law forbids ejecting a tenant while proceedings are pending. Nnamdi Ebo Legal
Call to Action — Speak to a Lagos Property Lawyer
If you’re facing a rent hike, notice to quit, service-charge dispute, or an attempted lock-out, engage counsel immediately. We’ll review your documents, advise on strategy, and—where necessary—move swiftly for court protection.
Contact Us
Chaman Law Firm
115, Obafemi Awolowo Way,Allen Junction, Beside Lagos Airport Hotel, Ikeja, Lagos
�� 0806 555 3671, 08096888818,
