MONTHLY TENANCY UNDER THE TENANCY LAW OF LAGOS STATE, 2011
The Tenancy Law of Lagos State, 2011, formerly known as Rent Control and Recovery of Residential Premises Law Vol.7 Laws of Lagos State 2003, is the law that governs tenancy issues in Lagos State.
MONTHLY TENANCY UNDER THE TENANCY LAW OF LAGOS STATE, 2011
The Tenancy Law of Lagos State, 2011, formerly known as Rent Control and Recovery of Residential Premises Law Vol.7 Laws of Lagos State 2003, is the law that governs tenancy issues in Lagos State. According to information released by Governor Babajide Sanwo-Olu sometime in December 2021, new monthly tenancy policy for property occupancy would start in 2022.
This Law applies to all premises and locations in Lagos State except the following:
Residential premises owned or operated by educational institutions;
Residential premises provided for emergency shelters;
Residential premises in a care centre, hospital, whether public or private, or mental health facility; and
Premises made available in the course of providing rehabilitative or therapeutic treatment.
Also excluded from the Law's application are the Lagos State neighbourhoods of Apapa, Ikeja GRA, Ikoyi, and Victoria Island1. Regarding the legislation that controls the areas affected, the Law is silent.
NATURE OF A MONTHLY TENANCY
According to Section 47 of the Law, a tenant is someone who occupies a premises whether by paying rent in any manner or by virtue of a legal obligation, other than those who are illegitimately occupying premises under a genuine claim to be the owner.
The term "monthly renter" is not defined in the law, although it is implied that it refers to anyone who rents a premises for a month, including subtenants and anyone who occupies it lawfully or through the payment of rent, but not to anyone who does so unlawfully.
RIGHTS OF A TENANT
The rights to be enjoyed by monthly tenant include the following:
RIGHT TO QUIET AND PEACEABLE ENJOYMENT OF THE PREMISES
According to the law, a tenant has the right to occupy the rented premises without interruption or pointless interference.
Under the landlord's limited right of inspection, this right also encompasses the right to privacy, the right to be free from undue disturbance, and the right to exclusive ownership of the property.
RIGHT TO DEMAND FOR COMPENSATION
The law offers reimbursement to a tenant who has spent money making renovations or restructuring the leased premises.
However, such an improvement should only be made with the landlord's prior written authorization
RIGHT TO RENT PAYMENT RECEIPT
A tenant has the legal right to request payment receipt following rent payment under the law. A fine of N100,000 is imposed on landlords who fail to provide rent payment receipts.
RIGHT TO CHALLENGE ARBITRAL INCREASE IN RENT
According to the law, an existing tenant has the right to ask the court, using form TL 11, for an order stating that an increase in rent due under a tenancy agreement is unreasonable. This is however subject to the specific clause in the parties' signed tenancy agreement.
OBLIGATIONS OF A TENANT
Tenant obligations under the law include the following:
PAYMENT OF RENT
Rent must be paid by the tenant in accordance with the terms of their lease agreement and at reasonable intervals. Rent is the payment for using and occupying a rental property.
PAY RATES AND CHARGES
All future charges and expenses that the landlord is not responsible for paying must be paid by the tenant. These rates cover things like water and energy costs as well as service fees.
KEEP THE PREMISES IN GOOD AND TENANTABLE REPAIR
The renter is responsible for keeping the rented property in excellent condition, with normal wear and tear excepted.
PERMIT RIGHT OF ENTRY TO LANDLORD AND AGENTS
After giving written notice, a tenant must allow the landlord and his agents access to the property at all reasonable daytime hours during the lease in order to inspect the state of the property and make any necessary repairs to the building.
NOT TO MAKE ALTERATIONS AND ADDITIONS
According to the law, a tenant is not allowed to make any changes or improvements to the property without first obtaining the landlord's express agreement, either orally or in writing.
NOT ASSIGN OR SUBLET
It is against the law for a tenant to sublet or assign any portion of the property without the landlord's prior written consent.
Please take note that a tenant's violation of the essential requirements outlined in the lease agreement is grounds for eviction from the rental property and constitutes a breach of the agreement's provisions.
DETERMINATION OF A MONTHLY TENANCY
According to section 13, a monthly tenancy shall be determined by a one (1) month notice, in absent any agreement to the contrary.
The landlord (owner), in the event that the tenant still has possession of the property, may then give the renter a seven-day notice of the owner's intention to retake possession.
Finally, the landlord may get a court order evicting the tenant by way of summons with particulars of claim if the tenant does not relinquish possession after the seven (7) day notice period has expired.
Among other things, the grounds for determination include rent arrears, breaking any covenants or agreements, and using the property for immoral or unlawful activities.
NB: This article is not a legal advice, and under no circumstance should you take it as such. All information provided are for general purpose only. For information, please contact chamanlawfirm@gmail.com
WRITTEN BY CHAMAN LAW FIRM TEAM
EMAIL: chamanlawfirm@gmail.com
TEL: 08065553671, 08024230080