Introduction
Chinedu, a young professional in Abuja, has lived peacefully in his rented apartment for three years. One morning, without warning, his landlord tells him that his rent has doubled and gives him only two weeks to either pay or vacate the property. Shocked and anxious, Chinedu wonders if he has any legal protection against such an abrupt demand.
Then there is Ngozi, a single mother in Enugu, who returns home one evening to find that her landlord has changed the locks on her apartment until she pays an additional ₦200,000 in rent. Distraught, she asks herself: can a landlord really lock a tenant out without notice or a court order?
And finally, Amira, a civil servant in Abuja, pays her rent annually. Just three months into her tenancy, her landlord insists she must vacate immediately because he has “other plans” for the property. Terrified of losing her home, she questions whether the law actually permits eviction without due process.
These are not unusual stories. One of the most common challenges facing tenants in Nigeria is the fear of arbitrary rent increases and unlawful evictions. Many tenants wonder: “Can my landlord increase my rent at will?” or “Can I be evicted without notice?” To be empowered, you must understand your rights and the law doesn’t allow unfair or abrupt landlord actions. This article explains tenants’ rights under Nigerian law providing clarity on rent increases and eviction procedures.
1. The Legal Foundation of Tenancy in Nigeria
Tenancy is a contractual relationship between landlord and tenant. Once a tenancy agreement is in place, both parties are bound by its terms. A landlord cannot unilaterally alter the rent or evict the tenant outside the legal process. Legal instruments like tenancy laws of each state, and the Recovery of Premises Act govern this relationship in various jurisdictions. Both laws are supplemented by contract law and general common law principles.
Under the Tenancy Law of Lagos State 2011 (and similar tenancy laws in other states), tenants are entitled to the quiet enjoyment of their premises until the tenancy ends or is lawfully terminated.
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Rent Increase: Can Your Landlord Raise Rent Arbitrarily?
NO.
Rent cannot simply be raised at the landlord’s discretion during the agreed tenancy period. Any increase must either be:
- Provided for in the tenancy agreement, or
- Agreed upon by both parties at renewal.
In the case of Yahaya v. Chukwura (2002) 3 NWLR (Pt. 753) 20 CA, the Court held that, once the landlord and the tenant have previously agreed on a fixed rate as rent, the landlord cannot unilaterally increase that rate as that would amount to a breach of contract.
It is pertinent to note that, Section 37 of the Lagos State Tenancy Law 2011 allows tenants to challenge “unreasonable” rent increases by applying to court using Form TL11. The court may adjust rent to reflect market realities and fairness. However, in the Federal Capital Territory (Abuja), there is no detailed rent-review law akin to Lagos. However, rent is largely determined by the tenancy agreement. This means that once rent is agreed, the landlord cannot just change it unilaterally.
3. Eviction: Can Your Landlord Evict You Without Notice?
The answer is No. Eviction is not automatic. In Nigeria, it is strictly regulated. The law prescribes a step-by-step process:
Notice to Quit – Depending on tenancy type:
- Weekly tenancy → 7 days
- Monthly tenancy → 1 month
- Quarterly tenancy → 3 months
- Yearly tenancy → 6 months
Follows with 7-Day Owner’s Intention to Recover Possession which is issued after the Notice to Quit expires.
Court Action – The landlord must approach the court for an order of possession. If successful, the court issues a Warrant of Possession, executed by court bailiffs.
Self-help evictions (such as changing locks, seizing property, or using police without a court order) are illegal and have been condemned by Nigerian Courts as trespass. The court held in the case of Chicason Group of Co. Ltd. v. Oteri (2021) 6 NWLR (Pt. 1772) 222 CA, that a tenant whether lawful or illegal cannot be ejected contrary to legal process. Any landlord or agent of a landlord who ejects a tenant, whether legal or illegal, without complying with legal process is liable in damages.
4. Tenants’ Rights and Remedies
Right to Quiet Enjoyment – Landlord must not interfere with the tenant’s use of the premises during tenancy.
Right to Challenge Rent Hikes – Especially in Lagos, tenants can contest excessive increases in court.
Right to Due Process in Eviction – No eviction is valid without statutory notices and court proceedings.
Right to Written Agreements – While oral or implied tenancy is recognized, written agreements provide stronger protection.
5. Practical Tips for Tenants
- Always insist on a written tenancy agreement detailing rent, duration, and review terms.
- Request and keep copies of all rent receipts, documents and notices received.
- Know your notice periods:
- Tenancy at will / weekly → 7 days
- Monthly → 1 month
iii. Quarterly → 3 months
- Yearly → 6 months
- Seek legal redress if a landlord attempts unlawful eviction.
- Challenge unreasonable rent hikes (especially in Lagos) with Form TL11.
- Where possible, explore Alternative Dispute Resolution (ADR) such as mediation before court action.
Conclusion
In Nigeria, the law protects tenants against arbitrary rent increases and unlawful evictions. While landlords have the right to receive fair rent and repossess their property, such actions must follow due process. Tenants should be aware of their rights and be prepared to assert them when necessary. Your knowledge is your strongest asset: fairness and legal compliance are non-negotiable.
Key takeaway: Your landlord cannot increase rent arbitrarily or evict you without notice, the law requires fairness, notice, and due process.
Summary Table
| Issue | Tenant’s Right / Legal Protection |
|---|---|
| Arbitrary rent increase | Can reject offer; landlord must follow legal process |
| Challenge unfair rent | Tenant can apply to court (e.g., Lagos TL11) |
| Eviction | Must follow statutory process; no forceful evictions |
| Notice before eviction | Required: 7 days (weekly), 1 mo (monthly), 3 mo (quarterly), 6 mo (yearly) |
| Peaceful occupation | Protected under law |
| Written contract | Recommended—strengthens tenant position |
| Dispute resolution | Courts or ADR mechanisms available |
