For a law to rights and obligations under tenancy agreements as well as the relationship between your Landlord and also the tenant like the procedure for your recovery of premises as well as for other connected purposes in Lagos State.
The Lagos State House of Assembly enacts as follows:
1. Application of Law
2. (1) This Law shall connect with all premises within Lagos State, including business and residential premises unless otherwise specified
(2) This Law shall not connect with:
(a) residential premises owned or operated by an educational institution for the staff and students;
(b) residential premises shipped to emergency shelter;
(c ) Residential premises
(i) within a care or hospice facility;
(ii) in the public or private hospital or even a mental health facility; and
(d) that is certainly made available throughout providing rehabilitative or therapeutic treatment.
2. Jurisdiction on the Courts
(1) A Court shall have jurisdiction on application meant to it with a landlord or tenant or any interested person to find out matters in respect with the tenancy of a typical premises let before or following your commencement of the Law.
(2) The jurisdiction of your Court shall cease ousted with the defendant or respondent starting the title associated with a other party.
(3) Proceedings could possibly be brought under this Law in the High Court or for the Magistrates Court within the division or perhaps the Magisterial District the place that the subject matter giving rise to your proceedings can be found.
(4) Subject on the provision in this Law, a Court should be bound through the practice and procedure in civil matters from the Magistrates Court or High Court of Lagos State.
3. Tenancy Agreement
For the purposes of the Law, a tenancy agreement will likely be deemed to exist where premises are granted with the landlord to someone for value no matter whether it is
(a) express or implied;
(b) oral or perhaps in writing or partly oral or partly written; or
(c) for any fixed period.
4. Advance Rent
(1) It will likely be unlawful for just a landlord or his agent to demand or receive coming from a sitting tenant rent more than three (3) months according of any premises.
(2) It will be unlawful for just a sitting tenant to present or pay rent well over three (3) months according of any premises.
(3) Any person who receives or pay rent well over what is prescribed on this section will be guilty associated with an offence and will be liable to an excellent of one hundred thousand naira (N100,000.00) or even three (3) months imprisonment or other non-custodial disposition.
5. Rent payment receipt
(1) As from your commencement in this Law, all landlords of premises shall upon payment of rent from the tenants, need to issue a rent payment receipt for their tenants with respect of such payments.
(2) The receipt shall state the
(a) Date which rent was received;
(b) Name with the landlord as well as the tenant;
(c) Location of premises according of which the rent is paid
(d) Amount of rent paid; and
(e) Period this agreement the payment relates.
(4) Any landlord who isn’t able to issue a rent payment receipt to his tenant as prescribed under this Section, will probably be liable to a good of 10,000 Naira (N10,000.00) payable towards the Court.
RIGHTS AND OBLICATIONS OF LANDLORD AND TENANT
6. Rights on the parties
(1) The tenants entitlement to quiet and peaceable enjoyment includes the legal right to:
(a) reasonable privacy;
(b) freedom from unreasonable disturbance;
(c) Exclusive possession from the premises, subject to your landlords restricted right of inspection and
(d) using common areas for reasonable and lawful purposes.
(2) Where a tenant together with the previous consent in writing on the landlord, effects improvements within the premises plus the landlord determines the tenancy, this kind of tenancy will likely be entitled to claim compensation to the effect improvements on quitting the premises.
6. Obligations on the Tenant
Subject to your provision to your contrary from the agreement between parties, the tenant will probably be obliged to perform the following:
(1) Pay the rents on the times and from the manner stated.
(2) Pay all existing and future rates and charges not applicable on the landlord lawfully.
(3) Keep the premises in good and tenantable repair, reasonable deterioration excepted.
(4) Permit the landlord and the agents over the tenancy in any respect reasonable hours inside day time by written notice, to watch the condition on the premises as well as effect repairs in necessary parts on the building.
(5) Not to make any alterations or additions towards the premises with no written consent on the landlord.
(6) Not to assign or sublet any part on the premises without worrying about written consent on the landlord.
(7) Notify the landlord where structural or substantial damage has occurred to your part in the premises the moment practicable.
7. Obligations with the Landlord
8. Subject to the provision on the contrary inside agreement involving the parties, the landlord should be obliged to accomplish the following:
(1) Not to disturb the tenants quiet and peaceable enjoyment with the premises.
(2) Pay all rates and charges as stipulated for legal reasons.
(3) Keep the premises insured against loss or damage.
(4) Not to terminate or restrict a typical facility or service for that use from the premises.
(5) Not to seize or interfere together with the tenants use of his personal property.
(6) Effect repairs and gaze after the external and common parts in the premises.
9. Obligations of landlord regarding business premises only
Subject to the provision to your contrary inside the agreement between your parties, a company premises agreement will probably be taken to provide that in which the landlord
(a) inhibits the access with the tenant towards the premises in different substantial manner;
(b) takes any action that could substantially alter or inhibit the flow from the customers, clients or any other persons while using tenants business premises;
(c) causes or isn’t able to make reasonable efforts in order to avoid or remove any disruption to trading or used in the business premises which leads to loss of profits for the tenant;
(d) does not have rectify the moment practicable, any breakdown of plant or equipment under his care and maintenance which leads to loss of profits to your tenant; or
(e) doesn’t maintain or repaint the exterior or perhaps the common parts from the building or buildings which the premises is comprised and after being given notice in writing with the tenant requiring him to rectify the issue, isn’t going to do so within such time out of the box reasonably practicable, the landlord, is liable to pay to your tenant such reasonable compensation as will probably be determined through the Court, the place that the tenant effects the repairs or maintenance.
10. Service Charge, Facilities and Security Deposits
In any case the spot that the landlord or his agent may as well as rent need the tenant or licensee to repay:
(a) a security alarm deposit to pay for damage and repairs towards the premises;
(b) for services and facilities to the premises; or
(c) service charges in flats or units that retain common parts for the premises, the landlord or his agent shall issue an independent receipt for the tenant for payments received the such tenant will probably be entitled to a written account no less than every six (6) months in the landlord of how moneys paid were disbursed.
11. Provision for re-entry
(a) any provision for the contrary within the agreement relating to the parties; and
(b) the service of process in accordance while using relevant provisions from the Law, upon the breach or non-observance of any with the conditions or covenants in respect in the premises, the landlord shall have the authority to institute proceedings to have an order to re-enter and discover the tenancy.
12. Length of Notice
(1) Where there isn’t a stipulation as towards the notice obtain by either party to discover the tenancy, the next shall apply
(a) a weeks notice for the tenant any time they want;
(b) one (1) months notice for the monthly tenant;
(c ) three (3) months notice for just a quarterly tenant;
(d) three (3) months notice to get a half-yearly tenant; and
(e) six (6) months notice for just a yearly tenant.
(2) In the case of monthly tenant, where he could be in arrears of rent for three (3) months, the tenancy should be determined as well as the Court shall make an order for possession and arrears of rent upon proof with the arrears because of the landlord.
(3) In the case of the quarterly or half-yearly tenant, where they are in arrears of rent for six (6) months, the tenancy will be determined as well as the Court shall make an order for possession and arrears of rent upon proof from the arrears because of the landlord.
(4) Notice of tenants under subsection (1) ( ), (d) and (e) in this Section don’t need to terminate for the anniversary on the tenancy but may terminate on or following your date of expiration from the tenancy.
(5) In the case of your tenancy for just a fixed term, no notice to quit will be required in the event the tenancy has been based on effluxion of your energy and in which the landlord intentions to proceed to Court to extract possession, he shall serve a seven (7) days written notice of his intention to sign up for recover possession such as Form TL4 within the Schedule in this Law.
(6) The nature of an tenancy shall, inside the absence associated with a evidence towards the contrary, be based on reference for the time if the rent is paid or demanded.
13. Notice to Licensee
Where an individual is a licensee and upon the expiration or withdrawal of his license, he refuses or neglects to quit possession he will be entitled to service of any seven (7) days notice from the owners intention to sign up for recover possession just as Form TL4 within the Schedule to the Law.
14. Notice important for abandoned premises
(1) A premises are going to be deemed being abandoned in which the
(a) tenancy has expired; and
(b) tenant have not occupied the premises considering that the tenancy expired and hasn’t given up lawful possession from the premises.
(2) Following subsection (1) above, the landlord shall
(a) issue a seven (7) days notice from the landlords intention to recuperate possession as prescribed in Form TL4, which will be served by pasting the notice about the abandoned premises; and
(b) sign up for the court to have an order for possession with an order to push open the premises.
15. Tenant refusing or neglecting to give that up possession
As soon because term or interest of the premises may be determined using a written notice to give up as in Form TL2 or TL3, inside Schedule this his Law as well as the tenant neglects or refuses to stop and deliver up possession on the premises or any section of it, the Landlord or his agent could potentially cause the tenant being served with written notice like Form TL4, signed from the Landlord or his agent, on the landlords intention to start working on recover possession, stating the reasons and particulars on the claim, with a date for a minimum of seven (7) days on the date with the notice.
16. Service of Notices
(1) Notices described under Sections 12-15 with this Law will likely be by proper service as prescribed under Section 17 and 18.
(2) Proper service will be service in this sort of manner that it may be established to your satisfaction in the court the person to get served may have knowledge of any from the notices.
17. Service of Notices for Residential Premises
Proper service on the tenant of residential premises will probably be personal service, such as but is not limited on the following
(a) service for the tenant in person
(b) delivery to the adult residing for the premises to become recovered
(c) by courier the place that the tenant can not be found, by delivering same on the premises sought for being recovered as well as the courier shall provide evidence delivery; or
(d) affixing the notice over a prominent part with the premises being recovered and providing corroborative evidence of service.
18. Service of Notices for Business Premises
Proper service on the tenant of an business premises will likely be by
(a) delivery to a person in the business premises sought to become recovered; or
(b) affixing the notice using a prominent part from the premises to become recovered and providing corroborative proof service.
19. Duty to notify other persons in occupation
Where the tenant can be a person apart from an individual (including a corporate organization), the landlord shall ensure proper service of the notices required under this Law around the tenant:
Provided the failure in the tenant to notify some other person in occupation shall not get a new proceedings to recoup possession.
20. Persons in unlawful occupation
Where anyone claims having premises that they alleges is occupied solely using a person in unlawful occupation, the proceedings for recovery on the premises shall be with the summary procedure contained from the Civil Procedure Rules from the relevant court.
(1) A valid agreement to arbitrate will likely be upheld and should be enforceable within the Court along with an arbitration clause or agreement in a very tenancy or lease agreement shall not construed just as one ouster with the courts jurisdiction.
(2) In the absence of the agreement towards the contrary or the spot that the parties cannot agree about the appointment associated with an arbitrator or tribunal, the Court on receipt of your written application by any with the parties, shall act as being the appointing authority, upon payment in the prescribed fees.