Legal Questions: Should I pay my landlord 2 years rent as a sitting tenant?

I am a tenant in the Ketu area of Lagos and I moved into the house in April 2016. My rent is due for renewal and I told the Landlord of my intention to renew the rent. But the Landlord informed me that the rent can only be renewed if I pay 2 years’ rent in advance and that I should move out of his house if I don’t have the money for 2 years’ rent. My friends and family members said that I should go ahead and pay the money as this is the usual practice with Lagos Landlords. I am a bit confused and I would like to know the position of the law on this and also if I have any rights against the Landlord. 

Kusamotu & Kusamotu Replies:

Before the enactment of Lagos Tenancy Law 2011, Landlords could demand and receive rents of more than 2 years in advance but now a law has been put in place to change this. Lagos Tenancy Law was enacted in 2011 and it is applicable to both residential and business premises in Lagos except premises in Apapa, Ikoyi, Ikeja GRA, and Victoria Island. By the provision of Section 4 of the Law, it is unlawful for a Landlord or his agent to demand or receive from a sitting tenant, rent in excess of six months (for a monthly tenant) or 1 year (for a yearly tenant, as in your case) in respect of any premises. This means that you are not expected to pay more than one year’s rent in advance to your Landlord.

Both you and the Landlord would be liable to pay a fine of N100,000 or 3 years imprisonment if you pay and he receives the rent in excess of one year in advance.

Be that as it may, that is the provision of the Lagos Tenancy Law. However, this law has recorded no remarkable success since its enactment. Landlords have continued to flout the provisions of the law without any punitive measures taken against them. The government is yet to put in adequate mechanism to ensure compliance with the law.

My advice to you is that you should try to have a dialogue with your Landlord and try to make him reason with you on why you cannot pay more than a years’ rent. You may even tell him about the provisions of the law. But if he insists on the 2 years payment, you may try your luck in court.  You may rely on the tenancy agreement (if any) you had with the Landlord at the beginning of your tenancy. The agreement ought to specify the payment schedule upon renewal of rent.

If the Landlord insists that you must pack out of the house, please note that you are entitled to a 6 months’ notice to enable you prepare and secure another place.

Kusamotu & Kusamotu, in collaboration with TheCable, publishes this column every week to answers reader’s general legal queries. This column is intended to give readers a general overview of the law and is not a substitute to the role of an attorney.

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Kusamotu & Kusamotu is an all service law firm based out of Abuja,Lagos, Kano and Onitsha in Nigeria. We cover all aspects of the law and specialise in all aspects of International Trade with special focus on Trade with China, corporate and commercial matters including Mining, Oil & Gas, Tax, Litigation, Competition, Banking & Intellectual Property law.

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