Tenancy takes up a large part of Lagos State. This is because there is a high demand for buildings or apartments for accommodation and commercial purposes.

The housing reality in Lagos is one of the most pressing issues in the state. With millions of people living and working in the city, disputes between Landlords and Tenants are unavoidable. Issues such as disproportionate rent, abrupt eviction and harassment over the rights of tenants to enjoy quiet possession of the property have affected many residents over the years. To address these problems and create balance, the Lagos State government enacted the Lagos State Tenancy Law of 2015. This law was enacted to regulate landlord-tenant relationships, establish their rights and responsibilities, as well as protect and promote peaceful living.

THE LAGOS STATE TENANCY LAW 2015

The Tenancy Law of Lagos State is a law that regulates the relationship between landlords and tenants in certain parts of Lagos. It establishes the rules about rent, notices, eviction and the general duties of both parties. In essence, it states what you can do and what you cannot do as a landlord or tenant.

Under the law, a landlord is any person who has a good title to a property and has the right to receive rent for the property. This includes the owners of the property, beneficiaries of their estate, their agents, privies, and personal or legal representatives.

On the other hand, a Tenant is a person who pays rent to occupy a property for a period of time.

IMPACT OF THE LAGOS STATE TENANCY LAW

The Tenancy Law recognizes different types of tenants which include the monthly tenant which refers to a tenant who pays his or her rent on a monthly basis, the quarterly tenant which describes a tenant who pays his or her rent at every quarter of a year, a yearly tenant who pays his or her rent annually and a fixed tenant who occupies a property for a fixed or specifically agreed period. To know the length of notice required to end a tenancy, it is necessary for you to know what type of tenancy it is.

The Tenancy Law also made provisions for the regulation of advance rent. It states how much rent you are allowed to collect in advance as a landlord, the agent or representative of a landlord. It states that a landlord is not allowed to collect more than one year’s rent in advance from a yearly tenant. A Landlord cannot collect advance rent exceeding six months from a monthly tenant. Thus, it is unlawful for your landlord to demand two years’ or three years’ rent in advance from you, as a sitting tenant is under the Tenancy Law.

The Tenancy Law clearly states the rights and responsibilities of a tenant as well as the rights and responsibilities of a landlord. As a Tenant, you have the right to have quiet and peaceful enjoyment of the property you occupy. This means your landlord must not disturb, harass or constitute a nuisance in the property. A Tenant also has the right to receive proper notice before eviction and the right not to be forcibly removed without a court order. The law protects a tenant against the arbitrary actions of a landlord. Your responsibilities as a tenant include paying rent when due, taking reasonable care of the premises, using the property for lawful purposes, complying with the terms of your tenancy agreement and avoid damaging the property.

The rights available to you as a landlord include the right to receive rent, the right to take lawful steps to recover possession of the property through the court where a tenant defaults or violates the terms of the tenancy. The landlord is also charged with the responsibility to allow the tenant have peaceful and quiet possession of the property and not harass the tenant.

The Tenancy Law of Lagos State outlines the proper way to end a tenancy agreement, which involves preparing and serving statutory notices on the tenant. The length of notice differs for each type of tenancy. If you are a yearly tenant, you are entitled to six months’ notice, while you are entitled to one month’s notice if you are a monthly tenant. After the notice expires, further legal steps must be taken before the landlord can evict the tenant.

The Tenancy Law states the process of evicting a tenant, which involves serving the tenant sufficient notice to quit, depending on the duration of their tenancy and serving notice of the owner’s intention to recover possession of the premises at the expiration of the notice period. A landlord cannot evict a tenant by force, lock the premises or seize the property. It is also important to state that a misconception about the length of notice for every tenancy is 6 months. What the law stipulates is that “where there is no stipulation as to notice to be given by either party to determine the length of notice as stated in the Tenancy law regulating the landlord and tenant relationship. It is worth noting that where a tenancy agreement by itself stipulates a length of notice, parties to that agreement are bound by it.

Only the court has the authority to order the eviction of a tenant. Any attempt by your landlord to evict you from the property you possess as a tenant without a court order is illegal.

The Tenancy law also establishes what constitutes an offence in tenancy. In essence, you must not take the law into your own hands to terminate a tenancy or evict your tenant. The law provides penalties for these offences.

When disputes arise during a tenancy, the parties are encouraged to seek resolution through Alternative Dispute Resolution (ADR). If this fails, the matter may be brought to the appropriate court for resolution.

EXCEPTIONS TO AND GAPS IN THE TENANCY LAW

The Tenancy Law does not apply to all properties in Lagos State. Some specific areas are exempted from its application. Government-owned premises, medical facilities, student housing and holiday accommodation are also generally excluded. It is important for a landlord or tenant to know whether a property falls within the scope of the tenancy law. Besides these properties, the tenancy law does not apply in certain areas of Lagos State like Ikoyi, Victoria Island, Apapa and Ikeja GRA. These areas are expressly exempted under the Tenancy Law 2015, making them subject to the Rent Control and Recovery of Residential Premises Law and the Recovery of Premises Law. The lack of uniformity in the laws creates challenges for tenants in those areas and enables exploitation, as the extant laws do not provide certain rights suitable for the modern real estate industry.

THE NEW PROVISIONS OF THE LAGOS STATE TENANCY AND RECOVERY OF PREMISES BILL 2025 IN CONTRAST WITH THE LAGOS STATE TENANCY LAW 2015

The provision of the Bill proposes to apply to all areas within Lagos State, including both business and residential premises, with a few exceptions. This will bring about uniformity in the laws regulating tenancy and grant the same rights provided under the Bill to all tenants and landlords in Lagos State.

The Lagos State Tenancy and Recovery of Premises Bill 2025 codifies the provision of the Tenancy law on the collection of advance rent. It provides that it shall be unlawful for a landlord or agent to demand or collect, and a sitting tenant to offer or pay rent in excess of three (3) months for a monthly tenant and one (1) year for a yearly tenant. The Bill imposes a higher penalty to deter landlords and tenants from breaching this provision by imposing a fine of up to N1,000,000.00 (One Million Naira) from the N100,000.00 (One Hundred Thousand Naira) sum under the Tenancy Law 2015 or three (3) months imprisonment.

The Bill makes provisions for the agents in real estate transactions proposing the mandatory registration of anyone acting as an agent on behalf of a landlord or a tenant with the Lagos State Real Estate Regulatory Authority (LASRERA), which was established by the Lagos State Real Estate Regulatory Authority Law, 2021 (LASRERA Law). The bill also proposes the issuance of receipts for all monies received by an agent and caps agent fees at 5%. It also imposes a fine of N1,000,000.00 or a maximum of two years imprisonment as punishment. With these stipulations, new tenants need not be anxious about how much to pay for agency fees.

The Bill also introduces an avenue for faster dispute resolution by stating a clear enforcement process for ADR agreements, providing the option for virtual hearings and granting courts the flexibility to sit on weekends, public holidays and during industrial actions, provided the parties consent.

In conclusion, the Lagos State Tenancy Law 2015 was enacted to help regulate tenancy agreements but the gaps in its provisions have brought about a need for a new and updated law to fill in those gaps. The Lagos State Tenancy and Recovery of Premises Bill 2025 is a great effort at bridging the gaps. However, it is still being considered by the Lagos State House of Assembly and has not yet been passed into law. Hence, the Tenancy Law of Lagos State 2015 is still in effect.

Asiegbu Sharon-Amaka Esq.

Junior Associate.