For many Nigerian tenants, the dreaded message is becoming familiar: “Your rent has been increased.”
Sometimes, the new figure arrives with months of warning. Other times, tenants say they are confronted with a huge increase close to their renewal date and are left wondering whether their landlord can simply choose any amount they want.
The short answer is: it depends on the tenancy agreement and the law applicable in the state where the property is located.
In Lagos, for example, the Lagos State Tenancy Law 2011 does not set a simple percentage cap on how much a landlord can increase rent. However, it gives an existing tenant a way to challenge an increase considered unreasonable. Section 37 allows a tenant to apply to court for an order declaring the increase unreasonable.
The court can consider factors including the general level of rent for similar properties in the area, evidence presented by both sides and any special circumstances relating to the property.
That means a landlord does not necessarily have an unlimited right to impose an outrageous increase on a sitting tenant simply because market rents have gone up.
There is another important distinction: a rent increase is not the same thing as an eviction.
Under Section 37 of the Lagos law, a landlord cannot eject a tenant merely because the tenant has challenged the reasonableness of a rent increase while the matter is before the court.
And tenants should pay attention to their tenancy agreement. If the agreement contains a rent-review clause explaining when and how the rent can be reviewed, that provision can be important in determining the parties’ rights.
The rules are also not identical across Nigeria. Tenancy and recovery-of-premises matters are governed by state laws, meaning what applies in Lagos may not automatically apply in Abuja, Ogun, Rivers or another state.
Meanwhile, Lagos is considering changes to its tenancy framework. The Lagos State House of Assembly has published a Tenancy and Recovery of Premises Bill, which seeks to address issues including rent increases and other problems in the rental market. But a bill should not be confused with an enacted law. The existing 2011 law remains the operative framework unless and until the proposed legislation is passed and comes into force.
So, before paying a dramatically higher rent or assuming your landlord has no right to increase it, check the tenancy agreement, keep copies of all notices and receipts, and find out what the law in your state actually provides.
Because when it comes to rent, “my landlord said so” is not always the end of the story.
This article is for general information and is not a substitute for advice from a qualified lawyer about a specific tenancy dispute.
