Tenancy Law 2011

1 Lagos State of Nigeria Official Gazette No 37 Ikeja 26th August 2011 Vol. 44. Lagos State Government Notice No 77. The following is published as supplement to this Gazette page Law No 14 A Law to Regulate Rights and Obligations under Tenancy A463 494. Agreements and the Relationship between the Landlord and the Tenant including the Procedure for the Recovery of Premises and for Connected Purposes. Lagos State of Nigeria Tenancy Law 2011 . Arrangement of Sections 1. Application of the Law 2. Jurisdiction of the Courts 3. Tenancy Agreement 4. Advance Rent. 5. Rent Payment Receipt.

2 6. Rights of a Tenant. 7. Obligations of the Tenant 8. Obligations of the Landlord 9. Obligations of the Landlord regarding business premises. 10. Service Charge, Facility and 11. Payment of Professional fees 12. Provision for Re-entry Security Deposits. 13. Length of Notice 14. Notice of Licenses 15. Notice required for abandoned premises 16. Tenant refusing or neglecting to 17. Service of Notice 18. Service of Notice for Residential give up possession. Premises 19. Service of Notice for Business 20. Duty to notify other persons in 21. Persons in unlawful occupation Premises occupation 22.

3 Service of Process 23. Use of Forms 24. Institution of Proceedings to recover possession 25. Grounds for Possession 26. Recovery of premises for a fixed 27. Trial. term certain 28. Payment of arrears of rent. 29. Court as Receiver of refused rent. 30. Arbitration 31. Landlord may claim for mense 32. Mediation 33. Claims against persons in profits or for use and unlawful occupation occupation of premises. 34. Defence supported by written 35. Service on persons in unlawful 36. Defendant not defending claim depositions occupation 37. Unreasonable increase of Rent 38.

4 Application to set aside or vary 39. Warrant for possession may be Judgment of Court used be issued at any time. 40. Form and purpose of warrant 41. Duration of warrant 42. Warrant of possession justifies for possession entry on premises 43. Enforcement of Order of Court 44. Offences and Penalties 45. Appeals 46. Regulations and procedure 47. Interpretation 48. Repeal 49. Citation and Commencement Supplement to Lagos State of Nigeria Official Gazette Extraordinary No 37, Vol 44 0f 26th August 2011 Part A. Assented to at Ikeja this 24th day of August 2011 . Mr Babatunde Raji Fashola (SAN).

5 Governor of Lagos State Lagos State of Nigeria Tenancy Law 2011 . No 14 of 2011 . Law to Regulate rights and obligations under Tenancy agreements and their relationship between the landlord and the Tenant including the procedure for the recovery of premises and for connected purposes. 24th August, 2011 . The Lagos State House of Assembly enacts as follows: (1) This Law shall apply to all premises within Lagos State, including business and residential premises unless otherwise specified. (2) This Law shall not apply to- (a) Residential premises owned or operated by an educational institution for its staff and students.

6 (b) Residential premises provided for emergency shelter;. (c) Residential premises- (i) In a care or hospice facility;. (ii) In a public or private hospital or a mental health facility: and (d) that is made available in the course of providing rehabilitative or therapeutic treatment. (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, (1) A Court shall have jurisdiction to determine matters in respect of the Tenancy of any premises let before or after the commencement this Law.

7 (2) The jurisdiction of a court shall not be ousted by the defendant or respondent setting up the title of any other party. (3) The parties' agreement to resort to Court connected Alternative Dispute Resolution (ADR) or other faci1ities such as the Lagos Multi-Door Court House or to the Citizens Mediation Centre for amicable dispute resolution shall not however be construed as an ouster of Court's jurisdiction. (4) Proceedings shall be brought under this Law at the High Court where the rental value of the premises exceeds the jurisdiction of the Magistrate Court as provided by the Magistrates' Courts Law.

8 (5) Subject to the provisions of this Law, a Court shall be bound by the practice and procedure in civil matters in the Magistrates' Court or the High Court of Lagos State. 3. 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) Express or implied;. (b) Oral or written or partly oral or partly written; or (c) For a fixed period. (1) It shall be unlawful for a landlord or his agent to demand or receive from a sitting tenant rent in excess of six (6). months from a monthly tenant and one (1) year from a yearly tenant in respect of any premises without prejudice to the nature of Tenancy held at the commencement of the Tenancy .

9 (2) It shall be unlawful for a sitting tenant to offer or pay rent in excess of one (1) year for a yearly tenant and six (6) months for a monthly tenant in respect of any premises. (3) It shall be unlawful for a landlord or his agent to demand or receive from a new or would be tenant rent in excess of one (1) year in respect of any premises. (4) It shall be unlawful for a new or would be tenant to offer or pay rent in excess of one (1) year in respect of any premises. (5) Any person who receives or pays rent in excess of what is prescribed in this Section shall be guilty of an offence and shall be liable on conviction to a fine of One Hundred Thousand Naira (N100, ) or to three (3) months imprisonment (1) As from the commencement of this Law, all landlords shall upon payment of rent by the tenants, be obliged to issue a rent payment receipt to their tenants in respect of such payments.

10 (2) The receipt shall state the . (a) date on which rent was received;. (b) Names and addresses of the landlord and the tenant;. (c) description and location of premises in respect of which the rent is paid;. (d) Amount of rent paid; and (e) Period to which the payment relates. (3) Any landlord who fails to issue a rent payment receipt to his tenant as prescribed under this Section shall be liable on conviction to a fine of One Hundred Thousand Naira (N100, 000. 00. (1) the tenant's entitlement to quiet and peaceable enjoyment of the Premises includes the right to.)