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Details of the New Lagos Tenancy Law

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  • New. Details of the New Lagos Tenancy Law

    The Lagos State Hosue of Assembly enacts as follows:

    General Application
    1. Application of Law
    (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;

    (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.

    2. Jurisdiction of the Courts
    (1) A Court shall have jurisdiction on application made to it by a landlord or tenant or any interested person to determine matters in respect of the tenancy of any premises let before or after the commencement of this Law.

    (2) The jurisdiction of a Court shall not be ousted by the defendant or respondent setting up the title of any other party.

    (3) Proceedings may be brought under this Law at the High Court or at the Magistratesí Court in the division or the Magisterial District in which the subject matter giving rise to the proceedings is located.

    (4) Subject to the provision of this Law, a Court shall be bound by the practice and procedure in civil matters in the Magistratesí Court or the High Court of Lagos State.

    3. Tenancy Agreement
    For the purposes of this Law, a tenancy agreement shall 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 in writing or partly oral or partly written; or

    (c) for a fixed period.

    4. Advance Rent
    (1) It shall be unlawful for a landlord or his agent to demand or receive from a sitting tenant rent in excess of three (3) months in respect of any premises.

    (2) It shall be unlawful for a sitting tenant to offer or pay rent in excess of three (3) months in respect of any premises.

    (3) Any person who receives or pay rent in excess of what is prescribed in this section shall be guilty of an offence and shall be liable to a fine of one hundred thousand naira (N100,000.00) or to three (3) months imprisonment or any other non-custodial disposition.

    View full details - Lagos Tenancy Law in Detail