Advance rent is unlawful.

Storytelling of the Tenancy Law of Lagos State, 2011.

In the past, the notorious practice was that the landlords demanded advance rents. If a tenant can not pay the advanced rent demanded, he or she is given a quit notice. We had a client, a landlord, who was reported to the Nigerian Police Force for demanding advanced rent from a tenant despite our initial education of the landlord not to make the demand. Our reason was that it is unlawful under the Lagos State Tenancy Law 2011.

Section 4(1) of the law states that it shall be unlawful for a landlord or his agent to demand or receive from a sitting tenant rent in excess of six (6) months from a monthly tenant and one (1) year from a yearly tenant in respect of any premises without prejudice to the nature of the tenancy held at the commencement of the tenancy.

At the police station, the officer shared with us the case of a tenant who was reported by a co-tenant for offering their landlord advance rent. It was then that our client realized the consequences of his actions. He was also unaware that the law also prohibits tenants from offering advance rent

We referred him to Section 4(2) of the law, which states that it shall be unlawful for a sitting tenant to offer or pay rent in excess of one year for a yearly tenant and six months for a monthly tenant in respect of a premises.

The officer further shared with us how an estate agent was detained by them for demanding and receiving from a new or would be tenant rent in excess of one year in respect of any premises.The law referred to also provides that it would be unlawful for a new or would be tenant to offer or pay rent in excess of one year in respect of any premises against Section 4(3) and Section 4(4) of the Tenancy Law of Lagos State 2011.

We understood the likely punishment under the law in Section 4(5) if the case gets prosecuted in court. Any person who receives or pays rent in excess of what is prescribed in the law shall be guilty of an offence and shall be liable on conviction to a fine of one hundred thousand naira or three months imprisonment.

We therefore opted to settle the matter at the station, and the officer obliged our client to go and warned him not to demand advance rent going forward.