Introduction: The Lagos State Tenancy Law of 2011 is a comprehensive legal framework that governs the relationship between landlords and tenants in the state. Among its provisions, the law addresses the concept of “quit notice,” a crucial element in tenancy agreements. Understanding the intricacies of quit notice is vital for both landlords and tenants to navigate the legal landscape and ensure a fair and lawful termination of tenancy.
Applicability of the Law: The law applies to all premises within Lagos State, encompassing both residential and business properties, with specific exemptions for certain categories such as educational institutions, emergency shelters, and healthcare facilities. However, certain areas like Apapa, Ikeja GRA, Ikoyi, and Victoria Island are initially exempt, but the Governor has the authority to extend exemptions to other areas through official orders.
Jurisdiction and Dispute Resolution: The law grants the court jurisdiction to handle tenancy matters, and this jurisdiction cannot be ousted by the parties involved. While alternative dispute resolution methods are encouraged, they do not limit the court’s authority. High Court jurisdiction is invoked for premises with rental values exceeding the Magistrate Court’s limit.
Quit Notice Defined: A tenancy agreement is deemed to exist when a landlord grants premises to a person for value, regardless of the agreement’s form—whether oral or written, express or implied, or for a fixed period. The provision of a quit notice is a critical aspect of terminating a tenancy.
Duration and Grounds for Quit Notice: The law specifies the duration of notice required for different tenancy periods:
- One week for a tenant at will
- One month for a monthly tenant
- Three months for a quarterly or half-yearly tenant
- Six months for a yearly tenant
The grounds for issuing a quit notice include arrears of rent, breach of covenants or agreements, the landlord’s need for personal use, and premises being used for illegal or immoral purposes.
Notice for Non-payment of Rent: In case of non-payment of rent for specific periods (e.g., six months for monthly tenancy), the tenancy may lapse, and the landlord can seek possession through a court order.
Abandonment of Premises: The law defines circumstances under which premises are deemed abandoned. A landlord must issue a notice of intention to recover possession and apply to the court for an order to force open the premises.
Service of Notices: Proper service of notices is crucial. Residential premises require personal service, delivery to an adult at the premises, courier service, or affixing the notice prominently. Business premises have distinct service requirements.
Arbitration and Mediation: The law upholds valid agreements to arbitrate and encourages mediation for dispute resolution. The court can act as the appointing authority for arbitrators in the absence of an agreement.
Legal Consequences for Violations: The law prescribes fines or imprisonment for various offenses, such as demanding excess rent, refusal to issue rent receipts, or providing false information to obtain possession orders.
Kayode Agbedejobi is a Partner at KP Legal Practitioners.
Email: kayode@kplegal.com.ng
