The courts at the time were also confused. The laws and regulations at the time were grossly inadequate. Tenancy matters were taking several dimensions and becoming overwhelming. A judge was said to have commented that it seemed she was the only nice and God-fearing landlord in the state.
This was before the Tenancy Law of Lagos State 2011.
Bola was worried. It was not hard to tell. His landlord gave him a verbal one-week notice to leave his apartment. He rented it six months ago in Surulere. The landlord’s reason was that he could not live with a tenant who was richer than him and his family.
When the verbal notice was due, the landlord, while Bola was at work, removed his belongings from the apartment and locked Bola’s wife and 1-year-old son outside. This was not Bola’s first unpleasant experience with a landlord in Lagos State. However, the landlord’s excuse for evicting him was the most awkward.
One case similar to Bola’s was that of a landlord in the Mushin area of the state notorious for increasing his rents every year. Any tenant not interested in renewing his rent due to the increment must vacate the apartment on the day he gives the tenant notice of the rent increment. No tenant has ever owed him for a day or stayed on his property beyond their due rental date.
In another instance, the tenant was offered and paid the estate agent a five-year lease in the morning for a business premises. The following day when the tenant was there to take up possession of the property they met artisans fixing new things and taking away old fittings. They claimed they belonged to the new tenant, who happened not to be that person. The estate agent had collected rents from three different people. The company resorted to court to recover the rent paid, and it took several years.
These few cases are incidents of how landlords and their agents misused their powers in Lagos, Nigeria. During this period, the state experienced several news reports of landlord and tenant crises. One particular case that was well-reported led to violence in the Gbagada area of Lagos State. The tenant would not tolerate the misfeasance of the landlord. In defence of himself and his family secured the support of his friends, who raided the house and destroyed the property.
Mostly, the landlords and tenants were without a tenancy agreement between the landlord and tenants, despite the notorious cases reported daily in the news media. Some radio programs turned to tenant and landlord advocates with very little positive impact. Yet, many tenants and landlords still go into a tenancy without any tenancy agreement.
The courts at the time were also confused. The laws and regulations at the time were grossly inadequate. Tenancy matters were taking several dimensions and becoming overwhelming. A judge was said to have commented that it seemed she was the only nice and God-fearing landlord in the state.
The Nigerian Police Force was also conducting illegal settlements and interventions on tenancy matters at the time. Their decisions and actions were always in support of whoever knew the arresting police officer or senior officer. In fact, It was a bad idea to rent a property in the state without knowing a uniformed officer. These tenants became rotters. They would stay in rented properties for years without paying rent. Oppress, harass and assault the landlord and co-tenants. Destroy properties when leaving.
There were notorious landlords and rogue tenants.
These dreadful situations led the state government to review the tenancy practice and relationships in Lagos State and introduce a law signed by former governor Babatunde Raji Fashola. The law carefully spelt out the rights and obligations under tenancy agreements and the relationship between the landlord and the tenant, including the procedure for the recovery of premises. The situation and tenancy practice have changed drastically due to the law.
However, the said law does not apply to or cover the whole of the state.
You should check my opinions on the provisions of the law, the areas covered and those not covered in my subsequent posts.
Adebayo Adekola
Team Lead/Founder, Taitum Legal Practitioners
+2348165299774