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How to inure your landlord to account to the laws of Lagos state

Posted by Olumide on March 15, 2018
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Introduction

Many landlord and tenants are ignorant of the laws guiding tenancy In Nigeria, especially Lagos state. Majority know just a little or even nothing about the tenancy law. Some landlord threaten their tenant(s), some can even go as far as verbally and physically abusing them, some use different embarrassing tricks , and intimidate their tenants just to get the tenant to vacate the premises.

The Tenancy Law.

Lagos state has provided a mediation centre, where disputes between landlords and tenants are settled.

The tenancy law of Lagos was enacted on August 24, 2011, to guide the actions of both landlord and tenant. It is therefore important that both parties know their rights.

When ejecting a tenant from a property, it is a criminal offence for the landlord to do the following;

  • Modify demolish or change a building with the aim of ejecting a tenant without the approval of the court.
  • Attempt to or forcefully eject a tenant.
  • Tothreaten or molest a tenant by action or words, with the aim of ejecting such tenant.
  • Towilfully damage any premises with a view to ejecting a Tenant.

 

Any Landlord found guilty of any of the above offences shall be liable under law to a fine not exceeding Two Hundred and Fifty Thousand Naira (N250, 000.00) or a maximum of six (6) months imprisonment and any other non-custodial disposition.

 

 Section 1

This section of the law exempts some categories of properties( such as residential premises provided for emergency shelter, public or private hospital, mental health centre, boarding houses, school hostels, staff quarters owned by educational institutions) and it is also limited to some areas such as Ikoyi, Victoria Island, Ikeja GRA, Apapa.

Section 4

This section is very crucial and it’s about rent matters

The law states that

  • A sitting/new tenant who offers to pay rent in excess of one year for a yearly tenancy of six months for a monthly tenant shall be guilty of an offence and shall be liable on conviction to a fine of one hundred thousand naira or three months imprisonment.
  • A landlord or his agent who requests or receives from a sitting or new tenant, rent in excess of six months from a monthly tenancy and one year in excess of a yearly tenant in respect of any premises, shall be liable on conviction of one hundred thousand naira or three months imprisonment.

Section 5

This section obligate landlord to properly document issues about tenants rent, indicating the name and address of the tenant and the landlord, the property for which the rent is paid, andthe amount paid. Landlord(s) that fail to do this is liable under law to pay a fine of N100,000.

Section 6

This section gives the tenant the right to peacefully and quietly enjoy the property.

Section 7

This section states that tenants adhere to the content of the tenancy agreement, which includes paying of rent, and other instructions as may be specified in the tenancy agreement.

Section 8

The landlord under this section must allow the tenant a peacefully and quiet enjoyment of the premises.

Section 10

This section stipulates that it is the responsibility of the landlord or his agent, to issue a separate receipt in cases where a tenant pays for some services (service charge).

Section 11

The law under this section makes it, the responsibility of any party that engages the services of a professional to pay the professional’s fees.

Section 13

in cases where a landlord evict tenants without proper notice Subsection (1) of the tenancy law prescribes length of notice to be issued,(where there is no form of agreement between the two parties involved, i.e. landlord and tenant). This section says 1 week notice for a monthly tenant, 3 months’ notice for a half yearly tenant, and 6 months’ notice for a yearly tenant.

Section 14

This section says that upon the expiration of a person’s tenancy, and still refuses to give up possession of the property, he is entitled to a 7days notice of owner’s intention to recover possession.

Section 15.

This section says that, a property will be considered abandoned where the tenancy has expired and the tenant has not given up the possession of the said property. Subsection 2 states that the landlord shall issue a 7days owner’s intention to recover premises.

Conclusion

Most of the Landlord and Tenant disputes arise as a result of misunderstanding and lack of proper written document, even thoughthere are terms which are statutorily implied in a Landlord and

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