Origin of the Lagos State Tenancy Law According to former Governor Raji Fashola, the Lagos State tenancy law started as an executive bill in Governme
Origin of the Lagos State Tenancy Law
According to former Governor Raji Fashola, the Lagos State tenancy law started as an executive bill in Government’s efforts to find solutions to some “prohibitive practices in the letting and leasing of insufficient residential accommodation.
This led to discussions and deliberations in the State Executive Council which included the former governor, landlords, tenants and lawyers.
Importance of the Lagos State Tenancy Law
Tenancy law is a very vital piece of legislation requiring periodic interventions by government through housing policies and further legislative reviews.
Its importance is highlighted by the need for housing by a fast growing lagos population that can’t afford a house of their own in Lagos state.
This is evidenced by an increase in the number of shanties, slums and ‘under the bridge’ residences seen all around the state.
Things to know about the Lagos State Tenancy Law of 2011
1. The Lagos State Tenancy Law 2011 is not applicable to residential premises belonging to or operated by educational institutions for their staff and students like boarding facilities, university staff quarters etc.
2. The Lagos State Tenancy Law 2011 is not applicable to residences dedicated to emergency sheltering in care or hospice facilities; in public or private hospitals or mental health facilities and those made available for providing rehabilitation or therapy.
3. The Lagos State Tenancy Law 2011 is not applicable to premises in Apapa, Ikeja GRA, Ikoyi, and Victoria Island.
4. The Lagos State Tenancy Law 2011 states that it is illegal for a landlord or his agent to demand or receive for rent in excess of 6 months for a monthly tenant, or 1 year from a yearly tenant sitting tenant at a property.
It is also illegal for the sitting tenant to offer or pay rent in excess of 1 year for a yearly tenant and 6 months for a monthly tenant.
The penalty for both landlord and tenant involved in such an arrangement is a fine of N100,000 or to 90 days imprisonment.
5. In a similar manner, it also states that it is illegal for a landlord or his agent to demand or receive from a new tenant, rent in excess of one year in respect of any premises.
It is also illegal for the new tenant to offer or pay rent in excess of one year.
The penalty for both landlord and tenant involved in such an arrangement is a fine of N100,000 or to 3 months imprisonment.
6. If as a tenant of a property, you get your landlord’s consent in writing to make some improvements on the premises, and the landlord ends the tenancy, then you are entitled to claim compensation for the improvements you made, when you are quitting the premises.
7. Your landlord cannot under any circumstances seize any of your items or properties as a tenant or interfere with your access to your personal property.
8. You are to be issued a separate receipt if you live in a property that includes payments for a service charge, as a tenant by the landlord or his agent.
You are also entitled to a written account at least every 6 months from the landlord of how monies that you paid were spent.
9. If your tenancy agreement does not state your notice period, the Lagos State Tenancy Law 2011 says that the notice period to be applied is as follows:
- For a tenant at will, 1 week’s notice;
- For a monthly tenant, 1 month’s notice;
- For a quarterly or half-yearly tenant, 3 months’ notice; and
- For a yearly tenant, 6 months’ notice
10. If your landlord, in trying to eject you as a tenant from the property:
- Demolishes or alters the building without court approval;
- Threatens or molests you;
- Attempts to remove you by force from the property
The landlord is committing an offense and is guilty if convicted to a fine of N250, 000 or a maximum of 6 months in prison.
11. Ignorance of the Lagos State tenancy law of 2011 is not an excuse if you violate any of the terms either as a landlord or as a tenant.
Download the Lagos State Tenancy Law 2011
This information is for general informational purposes only. It is NOT a substitute legal advice.
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