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