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LANDLORD AND TENANT RIGHTS: RENT INCREASE

If an action is pending in court challenging the reasonability of the increase in rent, a landlord is not permitted, by law, to eject the tenant pending the determination of the case. Imagine you wake up one fine morning only to be served a notice by your landlord that the rent has been increased, for no just cause. This situation is one which a lot of Nigerians have found themselves in at one time or the other. A popular Yoruba adage says “ilu ti ko si ofin, ko si ese” which means that where there is no law, there is no offence.  This is an apt description of what was obtainable before the Government intervened, there was no control whatsoever and a lot of tenants suffered in the hands of landlords who exploit and continuously increase the rent.

Rent control is a residual matter under the 1999 constitution of the Federal Republic of Nigeria. This Rent Control and Recovery of Residential Premises Law was enacted as a result of landlords unlawfully increasing rents. Most states in Nigeria have their own rent control laws; this article will focus more on the rent control laws in Lagos State.

According to the Lagos State tenancy law, a tenant has the right to go to court if he finds the rent increase unjustified and unreasonable.  The court determines if the increase in rent is indeed unreasonable by taking into account the rent payable in similar properties in that locality, evidence of witnesses of the parties; and any special circumstances relating to the premises in question or any other relevant matter. If after the court’s finding, it is concluded that there is no justifiable reason for the increase, it can be changed to a specific amount.

The main purpose of rent control is to ensure that there is affordable housing for the low and middle class in the society. Rent control is more advantageous for tenants and if implemented appropriately, a tenant can plan and budget towards his next rent payment without the hovering fear that it might be increased.

Eazyhomes Company

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