New Lagos Tenancy Rules: What the Bill Says About 3 Month Rent, 5% Agency Fees and Illegal Eviction

New Lagos Tenancy Rules

For many people looking for a place to live in Lagos, the search for a house does not end when the landlord says the property is available. That is often when the real calculations begin, with rent, agency charges, legal fees, service charges, caution fees and other payments quickly turning what looked affordable into a much bigger financial commitment. For landlords and agents, the situation has its own frustrations, particularly when tenants stop paying or refuse to leave after a tenancy has ended.

That familiar tension is at the heart of a proposed change to the way tenancy matters are handled across Lagos State. The proposal has been discussed for months, but its details are far more extensive than the headline figures that have circulated online. The numbers attracting the most attention are certainly important, yet they sit inside a much wider framework covering rent payments, agents, notices, eviction, service charges, security deposits, court proceedings and the rights of both sides.

The story therefore goes beyond whether a tenant can pay 3 months rent or whether an agent can collect 5%. The proposed Lagos State Tenancy and Recovery of Premises Bill, 2025 is attempting to create a more defined legal structure around a relationship that affects millions of residents and thousands of property owners. Its progress also matters because the rules being discussed are not yet the rules currently governing every tenancy in the state.

The Bill Behind the New Lagos Tenancy Rules

The proposed legislation is formally known as the Lagos State Tenancy and Recovery of Premises Bill, 2025. The title carries the year 2025 because that is when the legislative process began, but the proposal remains relevant in September 2026 because it has continued through the legislative process and has not yet become an enacted law.

The bill passed its second reading at the Lagos State House of Assembly on July 10, 2025. Following that stage, it was referred to the House Committee on Housing for further consideration, allowing the provisions to receive closer scrutiny before the process could move towards final passage and commencement.

A public hearing followed in August 2025, bringing different stakeholders into the legislative process. By May 26, 2026, the Lagos State Government was still describing the proposal as being at the committee stage. Further public discussion took place on July 10, 2026, when details around rent payments and estate agency charges were again brought into focus.

That timeline is important because the proposal has remained just that, a proposal. As September 2026 begins, the provisions being discussed should not be confused with rules that have already taken effect across Lagos. The existing legal framework continues to apply until the legislative process is completed and the resulting law commences.

The 3 Month Rent Provision Explained

The provision that has perhaps generated the most curiosity concerns how much rent can be paid in advance. Lagos has long had a difficult rental market where prospective tenants can be confronted with demands for substantial sums before they receive the keys to a property. For someone already struggling with the cost of living, paying several years of rent at once can make securing accommodation a serious financial hurdle.

The proposed bill seeks to place a limit on advance rent depending on the nature of the tenancy. For monthly tenants, the proposal provides for a maximum of 3 months rent in advance. For yearly tenants, the proposed limit is 1 year rent in advance. The distinction matters because it means the proposal is not simply abolishing yearly rent arrangements.

A yearly tenant would therefore still be able to enter a tenancy arrangement involving 1 year rent, if the relevant requirements are satisfied. The major restriction is directed at excessive advance payments beyond the proposed limits. A demand for several years rent upfront would not fit comfortably within the proposed framework.

Another detail makes the provision particularly significant. The restriction is not written solely as a prohibition against landlords collecting excessive advance rent. The proposed wording also addresses tenants who offer or pay rent above the prescribed limit. This means responsibility could potentially extend to both sides of the transaction.

The proposed penalty is also substantial. A person who violates the relevant provision could face a fine of up to ₦1 million or imprisonment for up to 3 months, depending on the circumstances and how the provision ultimately appears in the enacted legislation. The final legal position, however, will depend on the bill completing the legislative process in its final form.

What the 5% Agency Fee Means

Estate agency charges are another part of the rental process that frequently adds pressure to prospective tenants. Someone may begin a house search thinking about the advertised rent, only to discover that the amount required to secure the property includes several additional charges. The proposed bill seeks to bring one of the most prominent of those charges under a defined limit.

The bill proposes that an estate agent commission should not exceed 5% of the annual rent. Using a property with an annual rent of ₦2 million as an example, a 5% commission would amount to ₦100,000. The calculation is straightforward, but the wider implications become more significant when considered across thousands of rental transactions.

The proposed framework also places responsibilities on estate agents beyond the percentage they can charge. Agents would be expected to be properly registered with LASRERA, issue receipts for transactions and maintain proper accountability for money received in connection with property dealings.

Another proposed requirement concerns money collected on behalf of landlords. Agents would be expected to remit such money within 7 working days. The provision is designed to create a clearer trail between the money paid by a tenant, the agent handling the transaction and the landlord who is ultimately entitled to the funds.

The proposed consequences for violations are also serious. An agent could face repayment obligations, a fine of up to ₦1 million, imprisonment for up to 2 years or both, depending on the offence and the applicable provision. The intention is to make property agency a more accountable activity rather than an informal transaction where tenants have limited protection after handing over money.

Tougher Rules for Property Agents

The proposed legislation goes beyond setting an agency commission. It also attempts to address the wider problem of unregistered or dishonest property agents. This is particularly relevant in a market where prospective tenants may meet individuals claiming to have access to properties without having a legitimate relationship with the property owner.

The proposal addresses conduct such as operating without LASRERA registration, collecting money from more than one person for the same property, failing to issue receipts and withholding money collected on behalf of landlords. These practices can leave prospective tenants facing financial losses while making it difficult to establish who was responsible for the transaction.

An agent who collects money for a landlord would therefore have greater obligations under the proposed framework. Documentation would become more important, and the relationship between the agent, landlord and tenant would be easier to trace through receipts and other records.

The proposed penalties reinforce that approach. Depending on the offence, an agent could be required to repay money, face a fine of up to ₦1 million or face imprisonment of up to 2 years. These provisions would make registration and proper record keeping much more important for anyone operating within the property market.

Illegal Eviction Comes Under Pressure

Rent disputes can become particularly heated when a landlord wants a tenant out of a property. The proposed bill takes a firm position against landlords taking matters into their own hands instead of following the appropriate legal process.

Under the proposal, a landlord would not simply be able to change the locks because a disagreement has developed. Removing the roof, disconnecting electricity, cutting off water, blocking access, seizing belongings or damaging the property to force a tenant out would also fall within the conduct the bill seeks to prevent.

Threats and harassment are similarly addressed. A landlord seeking possession would be expected to use the legal recovery process rather than relying on pressure designed to make the tenant leave voluntarily.

The proposed Section 43 provides for a minimum fine of ₦1 million and or a custodial or non custodial sentence of up to 6 months for prohibited conduct of this nature. The exact operation of the provision would ultimately depend on the final legislation and its commencement.

The broader message is straightforward. Owning a property does not mean a landlord would have unrestricted freedom to remove an occupant through force or intimidation. At the same time, the bill provides landlords with formal procedures through which possession can be recovered lawfully.

Rent Increases Would Not Be Completely Banned

Another area that has attracted attention is the question of rent increases. Lagos tenants have become increasingly familiar with situations where a renewal notice comes with a significantly higher figure than the rent paid during the previous tenancy period.

The proposed bill does not introduce a universal percentage ceiling saying that every landlord can increase rent by only a particular amount. There is no simple provision stating that every rent increase must remain below 10%, 20% or another fixed percentage.

Instead, the proposed framework provides a route for a tenant to challenge an increase considered unreasonable. Section 33 gives the court room to examine the circumstances surrounding the increase before determining whether the new amount is reasonable.

The court could consider rents being charged within the same locality, rents for comparable properties, evidence presented by the landlord and tenant and special circumstances connected with the property. This creates a process where the reasonableness of an increase can be examined rather than automatically accepted.

That distinction is important. A tenant would not simply receive a new rent figure and automatically have the increase cancelled by the bill. The proposal creates a legal avenue for a challenge, with the court having the responsibility of examining the circumstances before reaching a decision.

Tenants Could Challenge Unreasonable Rent Hikes

Consider a tenant who has been paying ₦1.5 million annually and suddenly receives a demand for ₦3 million for the next tenancy period. Under the proposed framework, the tenant could potentially challenge the increase on the basis that it is unreasonable.

The court would then have to consider the evidence surrounding the property and the proposed rent. Comparable properties, rents within the same locality and other relevant circumstances could become important when determining whether the new figure is justified.

The proposed protection also goes further by preventing a landlord from simply ejecting a tenant because the tenant has challenged the increase through the appropriate legal process. This gives the dispute a formal route rather than leaving the tenant with the choice of accepting the increase or immediately losing the property.

It is still important to understand the limits of this protection. The proposal does not mean that every rent increase would automatically be regarded as unreasonable. It also does not create a blanket right for tenants to continue paying an old rent indefinitely.

The question would ultimately come down to the circumstances of the tenancy and the evidence placed before the court. That makes documentation, tenancy agreements and records of previous payments particularly important.

Notice Periods Would Become More Defined

Notice is another part of landlord and tenant relationships that can create confusion. A tenant may believe more time is required before possession can be recovered, while a landlord may believe the tenancy has already come to an end.

The proposed bill sets out standard notice periods where the tenancy agreement does not provide otherwise. A tenant at will would generally receive 1 week notice, while a monthly tenancy would attract 1 month notice.

For quarterly or half yearly tenancies, the proposed notice period is 3 months. For yearly tenancies, the proposed period is 6 months. These periods provide a basic structure for situations where the tenancy agreement does not establish a different arrangement.

There are important exceptions, particularly where rent arrears have accumulated. Where a tenant is in default under the relevant circumstances, the tenancy may lapse and the landlord may only need to issue a 7 day notice of intention to recover possession.

A fixed term tenancy that has naturally expired is also treated differently from a continuing tenancy. This means the circumstances surrounding the occupation would matter before determining what notice and recovery steps are required.

Court Processes Could Move Faster

One of the broader objectives of the proposed legislation is to reduce the amount of time tenancy disputes can take. Property disputes can become costly for both landlords and tenants when cases remain unresolved for extended periods.

The bill proposes that certain tenancy proceedings can be commenced through Originating Summons. It also proposes that hearings should be fixed within 14 days, creating a more structured timetable for cases involving recovery of premises.

Another notable proposal is the possibility of court sittings on weekends and public holidays for relevant tenancy matters. Virtual hearings could also be used, reflecting the wider move towards more flexible court procedures.

Mediation is also included within the proposed framework, with the process expected not to exceed 30 days. The idea is to create opportunities for disputes to be resolved without every disagreement becoming a prolonged courtroom battle.

For landlords, faster procedures could provide a more predictable route to recover possession where there is a genuine legal basis. For tenants, the same structure could provide an opportunity to present a defence without facing indefinite uncertainty over their accommodation.

Tenant Rights Would Be Clearly Spelled Out

The proposal contains a section dealing with tenant rights, reflecting the idea that renting a property involves more than simply paying rent. A tenant is expected to have the ability to occupy the premises without unnecessary interference.

The proposed rights include peaceful enjoyment of the property, freedom from disturbance, privacy and access to common areas. Protection against harassment is also part of the proposed framework.

The bill also deals with improvements made to rented premises where the required consent has been obtained. Depending on the circumstances, tenants could potentially have a claim for compensation for qualifying improvements.

These provisions do not remove the responsibilities of tenants. A tenant would still be expected to pay rent, meet utility obligations, use the premises properly and comply with the relevant tenancy agreement.

The proposed framework therefore creates responsibilities on both sides. The landlord has obligations towards the tenant, while the tenant remains legally responsible for obligations arising from the tenancy.

Service Charges Would Face Greater Scrutiny

Rent is not always the largest amount a tenant pays when moving into or remaining in a property. In some estates and managed properties, service charges can become a substantial additional expense.

The proposed bill seeks greater transparency around service charges, facility charges and security deposits. Landlords would have obligations concerning the use of such funds and would be expected to provide accounts periodically.

For service charges and security deposits, the proposal provides for accounting every 6 months. This would give tenants greater visibility into how money collected for shared services and related purposes is being handled.

Security deposits would generally be expected to be returned when the tenancy ends, subject to legitimate deductions. Where damage has occurred, deductions would need to be connected to the relevant circumstances rather than treated as an automatic entitlement to retain the entire deposit.

The practical effect could be significant, particularly in properties where tenants contribute substantial sums for security, maintenance, cleaning, facilities or other estate services beyond the basic rent.

Landlords Would Still Have Strong Legal Rights

The proposed bill should not be read as legislation designed to remove landlords rights. Property owners would continue to have the right to collect rent and enforce legitimate tenancy agreements.

Landlords would also retain the ability to inspect premises under appropriate conditions, recover possession through the courts and pursue money owed under the tenancy. Where a tenant remains in occupation without a lawful basis, the proposed framework provides mechanisms for addressing the situation.

The proposal also recognises claims relating to mesne profits, meaning payments that may become relevant where someone remains in possession after their lawful right to occupy has ended. This gives landlords a route to seek financial remedies through the legal system.

The major difference is that the recovery process would be more clearly defined. Instead of using force, intimidation or other self help methods, a landlord would have a formal legal route for recovering the property.

That distinction could become one of the most important features of the proposed legislation because it attempts to protect the interests of both parties at the same time.

What Happens When a Tenant Refuses to Leave

The proposed legislation contains a detailed structure for situations where a tenant remains in possession after the landlord is legally entitled to recover the premises. Sections 20 to 42 deal with different aspects of recovery proceedings.

The provisions cover grounds for possession, court proceedings, possible defences by tenants, hearings and appeals. They also address situations involving expired fixed term tenancies, abandoned premises and unlawful occupants.

The process can ultimately lead to a warrant for possession where the legal requirements have been satisfied. This gives the landlord a recognised mechanism for enforcing possession rather than resorting to physical action.

For tenants, the same process provides an opportunity to raise a lawful defence where one exists. The central principle is that possession should be determined through the applicable legal procedure.

That structure is particularly important in a city where rental disagreements can quickly become personal. A defined recovery system can reduce the temptation for either side to settle a legal dispute through confrontation.

More Areas Could Come Under the Framework

Another significant part of the proposal concerns geographical coverage. The proposed framework seeks to apply tenancy regulation more broadly across Lagos State, including areas that have historically had exclusions under existing arrangements.

Areas such as Ikoyi, Victoria Island, Ikeja GRA and Apapa have historically been treated differently under the existing tenancy framework. The proposed bill seeks to bring these areas within the broader framework, subject to the exemptions contained in the legislation.

That could matter considerably because these locations include some of the most expensive residential and commercial property markets in Lagos. A broader tenancy framework would therefore have implications beyond ordinary residential rentals.

The proposal is not limited to low cost accommodation or individual residential properties. Its reach is considerably wider and is designed to establish a more comprehensive legal framework for tenancy relationships across the state.

Business Premises Would Also Be Covered

The proposed legislation also extends beyond homes. Its definition of business premises is broad enough to cover various forms of non residential occupation.

Shops, offices, shopping malls, event centres, clubs, religious premises and institutions can fall within the relevant categories. This means businesses that rent premises could also be affected if the bill eventually becomes law.

There are proposed exemptions for particular categories, including some employer provided staff accommodation, educational accommodation, emergency shelters and certain care or residential facilities.

The distinction matters because commercial tenancy disputes can involve considerably larger sums than ordinary residential arrangements. A clearer legal framework could therefore affect businesses, landlords and property managers dealing with commercial premises.

Rental Income Tax Appears in the Proposal

Tax is another part of the bill that receives less attention than the rent and agency fee provisions. Section 11 refers to the application of the relevant withholding tax framework to rental income.

This means the proposed legislation is not concerned solely with the relationship between a tenant and a landlord. It also touches the financial obligations surrounding rental transactions and income.

The presence of tax provisions reinforces the broader character of the proposed legislation. It is attempting to regulate several parts of the property relationship within a single framework rather than dealing with rent collection and eviction alone.

For landlords and property professionals, this means the final legislation could have implications beyond the amount charged to a tenant. Documentation and compliance could become increasingly important if the proposal eventually takes effect.

Written Agreements Would Matter More

Documentation runs through several parts of the proposed bill. Tenancy agreements, receipts, notices, service charges, security deposits and professional fees are all addressed within the proposed framework.

This could change the way informal rental arrangements are handled. Where agreements and payments are properly documented, both landlord and tenant have clearer evidence of what was agreed.

Receipts would also become particularly important for transactions involving agents. A tenant who pays money without receiving proper documentation can find it difficult to establish what the payment represented and who received it.

The emphasis on written records therefore goes beyond paperwork. It creates a clearer trail that can become useful when a disagreement arises and one side disputes what happened.

For landlords, tenants and agents alike, keeping records could become one of the simplest ways of protecting their interests under the proposed system.

The Timeline Shows How the Proposal Reached 2026

The journey of the bill began in 2025 and has continued into 2026. On July 10, 2025, the Lagos State House of Assembly recorded the second reading of the proposed Lagos State Tenancy and Recovery of Premises Bill, 2025.

The bill was subsequently referred to the House Committee on Housing for further consideration. A public hearing was held in August 2025, providing a forum for stakeholders to examine the proposed legislation and its potential effect on the rental market.

By May 26, 2026, the government was still describing the bill as being at the committee stage. This confirmed that the proposal had not yet completed the legislative process.

Further details came into public discussion on July 10, 2026, including the proposed 5% agency commission and the limits on advance rent. By late August 2026, legal commentary continued to describe the bill as legislation under review rather than an enacted law.

That brings the story into September 2026, with the proposal still needing to complete the necessary legislative stages before it can become binding law.

What Lagos Tenants Should Understand Now

The most important point for tenants is simple. The proposed 3 month limit for monthly rent should not currently be treated as an enforceable rule merely because it appears in the bill.

The same applies to the proposed 5% agency commission. Until the legislation has been passed in its final form, assented to where required and commenced, the proposal remains different from an operative law.

Tenants dealing with rent demands or eviction disputes in September 2026 therefore need to understand which legal framework currently applies to their circumstances rather than relying solely on social media claims about the proposed bill.

The proposed legislation nevertheless provides a useful picture of the direction of tenancy regulation in Lagos. Advance rent, agency charges, eviction, service charges and dispute resolution are all being placed under closer legislative attention.

What Lagos Landlords Should Understand

Landlords also need to separate the proposed rules from the rules currently in force. The bill does not mean that every landlord must immediately change an existing tenancy arrangement to 3 months rent or reduce every agency charge to 5%.

Those provisions belong to the proposed framework and would become binding only if the bill is enacted and commenced in the relevant form. Until then, existing legal rules and valid tenancy agreements remain important when dealing with current disputes.

The proposal does, however, show where the legal framework could be heading. Self help eviction is targeted, documentation receives greater emphasis and formal recovery procedures are given a more structured role.

For landlords, the safest practical lesson is that property ownership and lawful recovery are not necessarily the same thing. The proposed legislation reinforces the importance of following the proper process when seeking possession.

The September 2026 Position

As September 2026 begins, the Lagos Tenancy and Recovery of Premises Bill remains a proposal rather than a new tenancy law that has already taken effect across Lagos State. Its legislative journey began with the second reading on July 10, 2025 and continued through committee consideration, a public hearing in August 2025 and further government discussions during 2026.

The figures at the centre of the discussion are therefore best understood as proposed rules. Monthly tenants could face a proposed maximum of 3 months rent in advance, yearly tenants could continue with up to 1 year rent, estate agents could face a proposed 5% commission ceiling and illegal self help eviction could attract significant penalties.

The proposal also reaches much further, touching rent increases, court procedures, notice periods, service charges, security deposits, commercial premises, documentation and the recovery of properties. Its importance lies in the fact that it attempts to place many of the everyday problems between landlords, tenants and agents inside a more clearly defined legal structure.

For now, however, the distinction remains crucial. Lagos has not abolished yearly rent through this proposal, and the proposed 3 month rent ceiling and 5% agency fee should not be presented as rules already binding every landlord, tenant or agent in September 2026.

The bill is still part of the legislative process. What eventually becomes law will depend on the final version that emerges from that process and the date on which it formally commences.

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A graduate with a strong dedication to writing. Mail me at samuel.david@withinnigeria.com. See full profile on Within Nigeria's TEAM PAGE
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