RIGHTS OF TENANTS/LANDLORDS

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RIGHTS OF TENANTS/LANDLORDS

What is landlord/tenant law all about?

Landlord/tenant law governs the rental of commercial and residential property. It is composed primarily of state statutes and common law. A number of states have based their statutory law on either the Uniform Residential Landlord and Tenant Act (URLTA) or the Model Residential Landlord-Tenant Code.

Tenancy law

The basis of the legal relationship between a landlord and tenant is derived from both contract and property law. Some major aspects of the Lagos state Tenancy Law are; Lagos state tenancy law on quit notice, Lagos state tenancy law on the increment of rent and recovery of premises law of Lagos state. Feb 15, 2017

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How Lagos tenancy law makes it easy for landlords to evict tenants

Unknown to many landlords in Lagos, the tenancy Laws of Lagos State, which came into force on August 24, 2011, has proved a panacea for the rising cases of disputes arising from tenants’ inability to pay rents.

Section 13 subsection (1) of the tenancy law  also prescribes the length of notice to be given where there is no agreement between the landlord and the tenant to determine the tenancy, which are; a week notice for a tenant at will, one month notice for a monthly tenant, three months’ notice for a half- yearly tenant and six months’ notice for a yearly tenant.

However, sub section (2) of section 13 further provides that in the case of a monthly tenancy, where the tenant is in arrears of rent for six months, the tenancy shall lapse, in other words, there would be no need for a landlord to issue a notice to quit on the tenant; what will be issued is a seven-day notice of owner’s intention to recover possession.

According to a senior state counsel at the Directorate of Public Prosecution in the Lagos State Ministry of Justice, Mrs Bola Akinsete,
Section 13(5) of the Tenancy Law, Chapter TI, Vol.10, Laws of Lagos State 2015 allows landlord to give a  tenant seven-day notice of intention to recover  possession as in Form TL5 in the schedule to this Law.

She, however, said such is only applicable in a tenancy which has a fixed term. “Once a tenancy has fixed term, it only requires seven-day notice after serving an intention to recover possession, the landlord will then file a claim in a  Magistrate court and the  court bailiff  will serve
same on the tenant.

After service trial will begin where the tenant and the landlord are expected to adopt their written addresses before the court will give judgment on the matter.

The Sheriff will execute the judgment, especially when the tenure has expired or the tenants are unable to pay rents. This, she said, is different from the previous practice where the landlord is required to serve a six-month quit notice after which he starts with the seven-day notice of intention to recover possession.

“It is made to quicken the process in view of the court congestion and it must be on fixed tenure. We advise landlord to have a fixed tenure in their agreement in order to quicken the process. The law was enacted in 2011 but full compilation of all Lagos laws was done in 2015.”

Former chairman, NBA Ikeja branch, Monday Onyekachi Ubani said the law has reduced cases of getting judgment behind the tenants as it criminalizes it. According to him, before now, the abnormal experience of getting judgments behind the back was rampant that tenants did not even know there was a process in the court before court Sheriffs bounce on their property.

The law has also ensured the entrenchment of the culture of one year rent. Though, it is not yet eliminated but at 90 per cent compliance with it attendant effect on increment on rents.