You are eight months into a tenancy. The landlord calls and says the rent is going up, and there is a fresh "agreement fee" to pay as well.
Before you panic or pay, work out which of the two things is happening — because one has a legal route and the other frequently has no basis at all.
The rent increase
A landlord in Lagos can raise rent. What he cannot do is raise it to any figure he likes and evict you for objecting.
Section 37 of the Tenancy Law of Lagos State 2011 lets a court determine whether an increase is unreasonable. In deciding, it considers the general level of rents in the locality or a similar locality for comparative analysis, evidence from the parties, and any special circumstances. If satisfied the increase is unreasonable, the court may order that it be changed to a specific amount.
And the provision that matters most in practice — section 37(4): it is unlawful for a landlord to eject a tenant from any premises pending the determination of the action.
So challenging an increase does not put you on the street while it is decided. A lot of tenants pay figures they consider absurd purely because they assume objecting means leaving. It does not.
Note what section 37 turns on: comparable rents. That tells you exactly what evidence to gather — screenshots of what similar flats on your street and in your area are actually advertised at, dated. Do that before you have the conversation, not after.
The mid-tenancy "agreement fee"
This is the one people accept without question, and it is often the weaker demand.
Section 11 places the duty to pay a professional's fees on the party who engages that professional. If the landlord instructed a lawyer to prepare a document, the Law points at the landlord, not at you.
So the questions to ask, in writing, are simple: What is this fee for? Which professional was engaged, and by whom? What document am I receiving in return?
A renewal of an existing tenancy usually needs no fresh agency work at all — nobody is finding you a flat you already live in. A demand for a new agency fee at renewal deserves a direct question.
To be clear about what the Law does not say: it sets no percentage cap on agency fees. The widely shared claim that agency is capped at ten per cent does not appear in the Tenancy Law. What exists is LASRERA, the state regulator that registers real estate practitioners in Lagos and takes complaints about them.
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What to do, in order
- Get the demand in writing. If it came by phone, reply by message summarising it. "Confirming our conversation: you are increasing the rent to X and requesting an agreement fee of Y." Their reply is now evidence.
- Ask what each element is for, separately. Rent is one conversation; fees are another. Do not let them be merged into one number.
- Gather comparable listings. Five or six similar flats in your area, with prices and dates. This is exactly what section 37 asks a court to weigh.
- Check your agreement for a review clause. If it specifies how and when rent may rise, that governs.
- Respond calmly and in writing. Not a legal threat. A proposal, with your comparables attached.
- Try mediation before anything else. The Law itself recognises the Lagos Multi-Door Court House and the Citizens Mediation Centre at section 2(3). Mediation is free and far faster than court.
- Keep paying the existing rent while a dispute is live, and keep the receipts. Withholding rent weakens your position considerably.
Two things that will cost you the argument
Do not withhold rent as leverage. It converts a dispute about an increase into a dispute about arrears, which is much easier for a landlord to win.
Do not damage anything. Section 44 makes wilful damage to any premises an offence carrying a fine of up to ₦250,000 or six months' imprisonment. You would be trading a civil argument you might win for a criminal exposure.
Collect the paper that proves your case
Section 5 obliges the landlord to issue a rent receipt stating the date, the names and addresses of both parties, the premises, the amount and the period covered, with a ₦100,000 fine for failing to. Section 10 requires a separate receipt for caution and service charge, plus a written account at least every six months of how that money was disbursed.
Ask for that account. If a service charge has risen, it is entirely fair to ask what last year's was spent on.
One limit worth knowing: section 1(3) exempts Apapa, Ikeja GRA, Ikoyi and Victoria Island. In those four the protections here do not apply in the same way, and your written agreement governs.
If the number genuinely will not work, sharing halves it — and at renewal you have the most leverage to ask for the written consent you need under section 7(6). Look at roommates before the renewal, not after.
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This article explains general provisions of the Tenancy Law of Lagos State 2011. It is not legal advice and has not been through professional legal review. For a specific dispute, speak to a lawyer or the Lagos State Citizens Mediation Centre.
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