This Law is applicable to the four exempted areas not covered by the Tenancy Law: Apapa, Ikeja GRA, Ikoyi and Victoria Island.
- Can a Landlord demand for an advance payment in excess of one year?
Answer: Section 4 of the Rent Control and Recovery of Premises Law of Lagos State states that it shall be unlawful for rent to be demanded or received in excess of three (3) months for individual tenants and twelve (12) months for commercial or institutional tenants.
- What document am I entitled to upon payment of my rent?
Answer: By virtue of Section 29 of the Rent Control and Recovery of Residential Premises Law landlords of premises are enjoined to issue rent receipts to their tenants.
Section 29 (2) of the Rent Control and Recovery of Residential Premises Law provides that any landlord who fails to issue the rent receipts shall be liable to a fine of ₦ 2, 500. 00 (Two Thousand, Five Hundred Naira) or to imprisonment for one (1) month.
- What duration of notice is the tenant entitled to receive before he can be evicted from the premises?
Answer: By virtue of Section 14 of the Rent Control and Recovery of Residential Premises Law, a yearly tenant is entitled to receive 6 months’ Notice to Quit before he is evicted from the premises. Half yearly and quarterly tenants are entitled to 3 months’ notice, while a monthly tenant is entitled to a month’s notice.
It should be noted that the above only applies where there is no stipulation as to the requisite notices in the tenancy agreement. Where the parties have stated in their agreement the requisite notice required to determine the tenancy, such stated notice shall be applicable in determining the tenancy.
- Where a tenant refuses to vacate or give up possession of the premises after the determination of the tenancy what can the Landlord do?
Answer: Section 13 of the Rent Control and Recovery of Residential Premises Law of Lagos State states that as soon as the Tenancy has been determined by a valid written Notice to Quit, upon the expiration of that notice, a statutory seven days’ notice of owner’s intention to recover possession of premises should be issued to the tenant. Where the tenant still neglects to vacate the premises, the landlord can then apply to court to recover premises.
Section 33(2) of the Rent Control and Recovery of Residential Premises Law of Lagos State makes it a punishable offence by 3 months’ imprisonment or a fine of ₦ 50, 000. 00 (Fifty Thousand Naira) for a landlord to resort to self-help in evicting a tenant.
- Can a tenant demand for compensation for noticeable improvements on a property done by him from the Landlord?
Answer: Section 19 of the Rent Control & Recovery of Premises Law states that the tenant is entitled to be reimbursed provided that he had obtained the written consent of the landlord before carrying out the repairs.
- Can a tenant sublet part of the property leased out to him without the consent of the Landlord?
Answer: No, Section 11 of the Rent Control & Recovery of Premises Law provides that a tenant is prohibited from subletting any part of the premises without the written consent of the landlord.
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