LAGOS, NIGERIA – In a significant move to foster a more equitable housing market and curb exploitative practices, the Lagos State Government has updated its Tenancy Law with new provisions aimed at better protecting tenants and regulating landlord activities. The revised law, which is now in effect, addresses key areas of concern for residents, including advance rent, transparency in transactions, and eviction procedures.
This development comes amidst ongoing discussions about rising rental costs and the challenges faced by many Lagosians in securing affordable and fair housing. The Lagos State Real Estate Regulatory Authority (LASRERA) has been at the forefront of these efforts, encouraging residents to report violations and ensuring adherence to the updated regulations.
Here’s a detailed look at the new key provisions:
- Advance Rent Restrictions: A Cap on Upfront Payments
Landlords are now strictly prohibited from demanding more than three (3) months’ rent in advance from sitting tenants. Similarly, tenants are barred from paying beyond this three-month limit upfront. This crucial provision aims to ease the financial burden on tenants and promote more regular, manageable rent payments. Violations of this restriction can lead to severe penalties, including fines of up to ₦100,000 or imprisonment for up to three months for both landlords and tenants found in contravention.
It’s important to note that while the provided information specifies a three-month limit for sitting tenants, previous iterations of the Lagos Tenancy Law allowed for up to one year’s rent from new tenants. While the current update emphasizes the three-month cap for sitting tenants, clarity on the specific advance rent limit for new tenants in this latest amendment should be sought from official LASRERA sources. - Mandatory Rent Receipts: Ensuring Transparency in Payments
To enhance transparency and accountability, landlords are now legally obligated to issue detailed rent payment receipts to their tenants. These receipts must include:
- The payment date
- Names of both the landlord and tenant
- Location of the property
- Amount paid
- Rental period covered
Failure to provide a valid rent receipt can result in a fine of ₦10,000, underscoring the government’s commitment to verifiable transactions.
3.Tenancy Agreement Fee Cap: Protecting Tenants from Excessive Charges
The Lagos State Government has unequivocally reaffirmed that the combined total charge for legal and tenancy agreement fees should not exceed 10% of the annual rent. This cap is a direct measure against arbitrary and inflated charges often imposed by landlords and agents.
For instance, if the annual rent for a property is ₦1,000,000, the total sum charged for both legal and agreement fees together must be ₦100,000 or less. This allows for flexibility in the breakdown (e.g., 5% for legal fees and 5% for agreement fees, or any other combination), as long as the total remains within the 10% limit. Any amount charged above this stipulated percentage is illegal under the Lagos Tenancy Law.
4.Clear Notice Periods for Termination: Standardizing Eviction Protocols
To prevent arbitrary evictions and ensure fairness, the law now clearly stipulates standard notice periods for tenancy termination, particularly in the absence of a written agreement:
- One week’s notice for a weekly tenant
- One month’s notice for a monthly tenant
- Three months’ notice for a quarterly or half-yearly tenant
- Six months’ notice for a yearly tenant
Crucially, if a monthly tenant is in arrears for three months, the landlord may directly seek possession through the courts, streamlining the process for genuine cases of default while maintaining due process.
5.Reinforced Tenant Rights: Promoting Habitable Living Conditions
The updated law reinforces several fundamental rights for tenants, aiming to ensure reasonable and dignified living conditions. These rights include:
- Reasonable privacy
- Freedom from unreasonable disturbance
- Exclusive possession of the premises
- Use of common areas for lawful purposes
Furthermore, tenants who undertake improvements on the property with the landlord’s prior written consent are now entitled to claim compensation if their tenancy is terminated, encouraging responsible tenant investment in their rented spaces.
6.Streamlined Dispute Resolution: Access to Justice
To facilitate efficient resolution of tenancy disputes, the law clearly designates the appropriate judicial avenues. Tenancy disputes can now be addressed in either the High Court or Magistrates’ Court within the relevant jurisdiction, providing tenants and landlords with clear paths for seeking redress.
7.Prohibition of Unlawful Evictions: Upholding the Rule of Law
The law explicitly prohibits landlords from carrying out evictions without following due legal process. Self-help evictions, which often involve forceful removal or harassment, are strictly forbidden and will result in legal penalties for offending landlords. This provision is a crucial step towards preventing tenant intimidation and upholding the rule of law in housing matters.
For further details, clarifications, or to report any violations of the updated Tenancy Law, tenants and concerned citizens are strongly encouraged to contact the Lagos State Real Estate Regulatory Authority (LASRERA).
LASRERA Contact Information:
- Phone: +234-901-999-9997, +234-901-999-9977, +234-904-000-0444, +234-904-000-0555
- Email: lasrera@lagosstate.gov.ng
- Address: Lagos State Real Estate Regulatory Authority, Block 21, 1st Floor, Room 109 & 119, The Secretariat, Alausa, Ikeja, Lagos.
The Lagos State Government’s steadfast commitment to enforcing these new provisions is expected to bring much-needed sanity and fairness to the state’s rental housing market, benefiting both landlords and tenants through clear regulations and a more equitable system.
