Introduction to the Rights of Tenants

Tenancy in Lagos State is regulated by the Tenancy Law of Lagos State, 2011, which defines the rights, duties, privileges, powers, and remedies open to both tenants and landlords. Thus, it is important that parties in a tenancy know their rights and that of the other for a fair environment.

Tenants in Lagos State have legal rights, including the right to peaceful enjoyment, mandatory written agreements, and protection against forced eviction without court orders. The Lagos Tenancy Law, 2011 mandates proper notice (e.g., 6 months for yearly tenants) and restricts rent advances to 1 year for new tenants. Violations can be reported to LASRERA.

1. Rights of Tenants to a Written Agreement

A tenant has the right to a written tenancy agreement. The agreement should contain – The full name of the Landlord, The full name of the Tenant, The full description of the property, the payment information (amount, account to make payments, expiration date of the tenancy, duration of the rent, next renewal of payment). One of the rights of tenants also includes the right to read before signing and seek the advice of a lawyer with regards to the terms of the contract.

Legal Basis:

Section 3 of the Lagos State Tenancy Law, 2011: Creation of Tenancy – While the law recognizes oral agreements, it establishes the framework for written ones.

Section 3(1): “A tenancy agreement shall for the purposes of this Law, be deemed to exist where premises are granted by the landlord to a person for value whether or not it is—

(a) oral;

(b) in writing; or

(c) inferred from a conduct.“

A tenant has the right to an issued receipt for rent paid and received. The receipt should contain – The full name of the Landlord, The full name of the Tenant, The amount paid, the date of the payment, the property for the payment, the duration the payment covers, the signature of the receiver.

Legal Basis:

In Section 5 of the Lagos State Tenancy Law, 2011: Duty to issue rent receipt – This is where the mandatory requirement for a receipt lives.

Section 5(1): “As from the commencement of this Law, a landlord shall upon payment of rent by the tenants, be under a duty to issue a rent receipt to the tenant in respect of such payment.”

Section 5(2): “The rent receipt shall state the— (a) date of payment; (b) names and addresses of the landlord and the tenant; (c) location of the premises… (d) amount of rent paid; and (e) period to which the payment relates.“

A tenant has right to sole usage of the tenanted premises to the exclusion of all others. Any interference without the permission of the tenant will amount to trespass.

Legal Basis:

Section 6 of the Lagos State Tenancy Law, 2011 : Rights of a Tenant – Section 6 explicitly grants the tenant the right to privacy and peace.

Section 6(1): “The tenant’s entitlement to quiet and peaceable enjoyment of the Premises includes the right to –

(a) privacy;

(b) Freedom from unreasonable disturbance;

(c) exclusive possession of the premises, subject to the landlord’s restricted right of inspection; and

(d) the use of common areas for reasonable and lawful purpose.”

Section 6(2): “Where a tenant with the previous consent in writing of the landlord, effects improvements on the premises and the landlord determines the tenancy, such a tenant shall be entitled to claim compensation for the effected improvements on quitting the premises.”

4. Right to a Valid Quit Notice

A tenant has right to a valid notice to quit before being evicted from the tenanted premises. The length of time given to the tenant to quit albeit weekly, monthly, or yearly, depends on the type of tenancy created and the rent paid. A valid “Quit Notice” must contain the name of the landlord, the name of the tenant, the address of the property occupied by the tenant, the duration given to the tenant included.

Legal Basis:

Section 13 of the Lagos State Tenancy Law, 2011: Length of Notice – This section defines how much time you must be given if your written agreement doesn’t specify a period.

Section 13(1): “…where there is no stipulation as to the notice to be given by either party to determine the tenancy, the following shall apply— (e) six (6) months’ notice for a yearly tenancy.”

5. Rights of Tenants to Compulsory 7 Days’ Notice of Owner’s Intention to Recover Premises

A tenant has a right to be served a compulsory 7 days’ notice to recover premises after the expiration of a validly served quit notice.

Legal Basis:

Section 16 of the Lagos State Tenancy Law, 2011: Notice of Owner’s Intention to Recover Possession – This is the second notice required before a landlord can take you to court.

Section 16: “On the expiration of the time stated in the notice as provided for in Section 13 of this Law [the Quit Notice], if the tenant neglects or refuses to quit… the landlord or his agent may serve a written notice… of the landlord’s intention to proceed to recover possession on a date not less than seven (7) days from the date of service of the notice.”

Important Note: Exempted Areas

While the Lagos State Tenancy Law, 2011 regulates tenancy in Lagos State, certain areas in Lagos are exempted from this law. Section 1(3) of the Tenancy Law of Lagos State, 2011 states that:

1(3) “The following areas:

(i) Apapa: (ii) Ikeja GRA.; (iii) Ikoyi; and (iv) Victoria Island

are exempted from the application of this Law, however, the Governor may from time to time by Order published in the State Official Gazette exempt the application of this Law to any other area or premises in the State.”

CONCLUSION

The Lagos State Tenancy Law, 2011 provides robust protection for tenants through clearly defined rights and procedures. Understanding these rights is crucial for both tenants and landlords to maintain a fair and harmonious tenancy relationship.

From the right to written agreements and payment receipts to protection against unlawful eviction through mandatory quit notices and recovery procedures, the law establishes a comprehensive framework that ensures tenants are treated fairly and with dignity. The requirement for a 6-month notice for yearly tenancies and the mandatory 7-day notice before court proceedings demonstrate the law’s commitment to protecting tenants from arbitrary displacement.

Tenants should familiarize themselves with these provisions, particularly Section 6 which guarantees their right to quiet and peaceable enjoyment, including privacy, freedom from unreasonable disturbance, and exclusive possession. Additionally, the provision for compensation when tenants effect improvements with the landlord’s written consent ensures that tenants’ investments in the property are recognized.

It is important to note the exempted areas (Apapa, Ikeja GRA, Ikoyi, and Victoria Island) where different regulations may apply. For any violations of tenant rights, individuals should report to the Lagos State Real Estate Regulatory Authority (LASRERA). By knowing and exercising these rights, tenants can ensure they receive the protection and respect guaranteed under Lagos State law.

Contributors

OJIENOH SEGUN JUSTICE, ESQ.

Lead Partner, EKO SOLICITORS & ADVOCATES

IDOWU–AGIDA OLUWANIFEMI

Counsel, EKO SOLICITORS & ADVOCATES