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Nov 20, 2006

Strongly pro-landlord rental market


Rents: Can landlord and tenant freely agree rents in Nigeria?

There are no effective rent controls in Nigeria. Lagos has a “Rent Control of Residential Premises Law” but this is not implemented.

Deposits

Rents are paid, in advance, for two to three years. Some landlords accept advance payments for only one to 1˝ years; however, in that case rents are significantly higher.

What rights do landlords and tenants have in Nigeria, especially as to duration of contract, and eviction?

Contracts last for the duration of the advance payment, typically, one to three years. An option to renew with rent adjustment can be included in the contract. If the tenant pre-terminates a contract, no refunds are made. Subleasing can be included in the contract.

How effective is the
Nigerian legal system?

EVICTION FOR NON-PAYMENT OF RENT

Duration until completion of service of process 32
Duration of trial 126
Duration of enforcement 208
Total Days to Evict Tenant 366
Courts: The Lex Mundi Project

Under the 1997 Recovery of Possession Law of Lagos State and the 1991 Recovery of Possession Edict 1991 of Rivers State, only the court can order the eviction of tenants. The court process is slow and cumbersome. Landlords evict tenants using an assortment of tricks, phony legal cases, intimidation, locking out tenants, and physically throwing them of their property.

Nigeria lagros propertiesThe State of Lagos offers a Citizens Mediation Centre for resolving landlord and tenant issues. If mediation fails, the parties involved can seek redress in court.

Legislation

The Land Use Act of 1978 covers the use and rental of public lands. The State of Lagos has an un-enforced Rent Control of Residential Premises Law and Recovery of Possession Law. The Rivers State likewise has an unimplemented Recovery of Possession Edict.

  





Comments

#1 ABBEY | May 09, 2010

I want to know how many month's quit notice can be given to a yearly paid tenant who his landlord breached the tenancy agreement, as well as the legal implication of a notice backdated. Thanks

#2 MGBEJUME MONDAY | May 10, 2010

I want to know if landlord has the right to agitate who to visit you and how person or persons to live me in a house I rented.

#3 DAWODU AYODELE | June 01, 2010

How many month's quit notice can be given to a yearly paid tenant who his landlord breached the tenancy agreement,as well as the legal implication of a notice backdated.

#4 DARE OGUNZ | July 27, 2010

All of a sudden I received Notice of Quit from my landlord, and I just used 10months out of my 18months.. I personally met him if I had done any wrong thing for him, he vertually has any thing to say, he was saying so u are the most educated person in this compound, sebi u dey go church...
But: he alway asked for extra #1,500 monthly for PHCN from is six tenant (6 X #1,500 = #9,000).But PHCN bill is not up to #2,000 every month. As a new comer in the premise, I always ask from my colleague PHCN Bill. Not knowing that the Landlord indirectly have hatred of such. On the 1st of January 2010(eve) he locked all his tenant outside from 00:1 till 8am.
But I use Jesus begged him infact portraited but he insisted that I should go, anyway I have not for once rude to him .
Is it right for a landlord to just pull you out just like that, just b/cos I was asking for that hidden PHCN Bill. More, I met the apartment in disoderly manner I always tell him, but says dont worry, I will fix it up for u and after a long wait and rain approaches I decided to put it in order, and after spend so much, next is the Notice of quit. What can I do.

#5 JESSYCA | August 18, 2010

Does a landlord have the right 2 increase the rent indiscriminately!

#6 KING | August 29, 2010

Please i want to know the type of quit notice, that should be given to a yearly tenant. And for how many months?

#7 OKPAICHE MICHAEL | September 22, 2010

Please i want to know how many months notice should a landlord give a tenant on a yearly payment. Thanks. If i'm not asking too much, i will like u to send me laws guiding landlord/tenant.Thanks.

#8 OKPAICHE MICHAEL | September 23, 2010

Please i want to know how many months notice should a landlord give a tenant on a yearly rent payment before increasing his rent.

#9 ARANDONG MAGDALENE-STEPHEN | June 19, 2013

this is a very good website. keep it up.

#10 VALENTINO BUORO | October 20, 2013

In answer to question #1 by Abbey, I`d like to say that where a Landlord wishes to evict a yearly tenant, that is a tenant who pays his rent once every year, the tenant is entitled to six months quit notice.However this length of notice is sometimes varied by landlords in the agreement between them and their tenants to a shorter duration. Where the tenant ignorantly endorses a shorter duration in a Tenancy Agreement, he is bound by it. Where there is a verified proof that the Landlord backdated the Notice to quit, then that notice is invalid and the Court will not act on it. One good way of proving this is to sign the date of the receipt of the quit notice on the landlords duplicate copy and on yours.Where there is no unassailable evidence, the Court might be tempted to believe the landlord

#11 VALENTINO BUORO | October 20, 2013

To question #2 by Monday, I will say right away that the landlord has no control over who visits him. The tenant is by law in exclusive possession and can sue his landlord for trespass if the landlord comes into his apartment without his permission. Having said that, the landlord can raise concerns if the tenant permits his rented apartment to become a rendezvous for shady characters. To this end he has a social and or security responsibility to raise this with the tenant. If the visitors constitute a nuisance to other tenants, the tenat can get a quit notice. The landlord has no right to determine who lives with the tenant if the apartment is not overcrowded

#12 VALENTINO BUORO | October 21, 2013

The challenges of Dare in question #4 has many angles to it. First,let it be known that a landlord has several grounds upon which he may desire to recover possession of his property from the tenant. Being courteous to the landlord is not really a defence in these matters if the tenant has breached agreements between parties in the tenancy relationship.Having said this, the only venue at which the tenant gets to know the reasons why the landlord wants him out is usually in Court. Reasons for the quit notice are not explained in that document. However, it is possible that before issuing the notice the landlord may have formally or verbally warned the tenant on the issues. There are no time restrictions when the landlord can ask the tenant to quit. It can be at any time. But asking the tenant to quit cannot be forced by the landlord where the tenant is not desirous of doing so. Where the tenant resists , the landlord must go to Court to seek the Court Order to evict the tenant.Having explained the foregoing the two appropriate ways out for the tenant is to seek the landlords change of heart through an amicable resolution at the Lagos Multi-Door Courthouse or any such mediation Institution close to them or to await the landlords Court summons and defend himself in Court. Where the Court finds there is no basis for the notice, it has powers to overrule the landlord
No landlord has rights to take laws into his hands by locking tenants out. It is unlawful and capable of causing a breach of the peace. Where this happens.the immediate steps to take is to report the action to the Police which will enforce a reopening.Thereafter, the tenant is entitled to sue the landlord for trespass. The law is that when a tenant is is in occupation he has exclusive rights to the property and the landlord can only enter into the apartment with the tenant`s express permission

#13 VALENTINO BUORO | October 21, 2013

To Jessyca`s question #5, I wish to state that the landlord is not permitted to increase rent indiscriminately. Although the law in Nigeria would appear not to stipulate a time frame, it must be understood that the landlord and tenant are in contract and it is only when both parties agree that any changes can be made to that contract. Put differently, whenever a landlord wishes to increase rent he must enter into fresh negotiations with the tenant on the issue. Where the negotiations fail. the only option open to the landlord is to request to recover his property by giving the appropriate quit notice

#14 UDUAK ANTHONY | July 07, 2014

Am in Akwa Ibom state in Nigeria, and am having problems with my Landlord, because he finds it offensive when i pray to my GOD, and have asked me to stop, and threaten to serve me a quick notice, and i don't know the legal backings here, and the time frame in their eviction here, please help.

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