Two friends split a two-bedroom in Gbagada. One name goes on the tenancy agreement because the landlord "prefers one person." They split everything down the middle for eight months. Then the landlord finds out somebody else has been living there, and suddenly the conversation is not about rent. It is about possession.
This happens constantly, and almost nobody sees it coming, because the danger is not in the splitting. It is in a single clause most tenants never read.
You already have a tenancy agreement, even with nothing signed
Start here, because it surprises people. Under section 3 of the Tenancy Law of Lagos State 2011, a tenancy agreement is deemed to exist where premises are granted for value, whether it is express or implied, oral or written or partly oral and partly written, or for a fixed period.
So "we didn't sign anything" does not mean there is no tenancy. If you pay and they let you occupy, a tenancy exists. What an unwritten one does not give you is proof of the terms — and terms you cannot prove are terms you will lose an argument about.
Section 13(6) adds a useful rule: where the nature of the tenancy is unclear, it is determined by reference to when rent is paid or demanded. Pay monthly and you are likely a monthly tenant, with the notice rights that follow.
The clause that actually gets people evicted
Here is the one to memorise. Section 7(6) says that, subject to anything to the contrary in the agreement, the tenant shall not assign or sublet any part of the premises without the written consent of the landlord.
Any part. Including the second bedroom.
The definitions section is unforgiving about what follows. A "sub-tenant" is someone occupying by virtue of the written consent of the landlord. And "persons in unlawful occupation" is defined to include anyone who enters into occupation through the tenant and remains without the landlord's consent.
Put those together and the risk becomes clear. Move a flatmate in without written consent and you may have breached your tenancy, while they may not be a tenant at all in the eyes of the law — they are a person in unlawful occupation, with no security and no notice rights, no matter how faithfully they have paid you every month.
Section 12 completes the picture: where there is a breach of a condition or covenant, the landlord has the right to institute proceedings for an order to re-enter and determine the tenancy. That is the eviction route, and you opened it yourself.
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The three safe ways to do it
1. Both names on the tenancy (best). You are co-tenants. Both of you hold rights directly against the landlord, both are visible, nobody is occupying through anybody. Ask for this at the start, before you are emotionally committed to the flat.
2. One lead tenant plus written consent to sublet. If the landlord insists on one name, ask for written consent for the second occupant, naming them. A short letter or a clause in the agreement is enough. It converts your flatmate from "person in unlawful occupation" into a sub-tenant with standing.
3. A written agreement between the two of you, in addition. This does not bind the landlord, but it governs everything between you and your flatmate, which is where most disputes actually live.
What to put in the agreement between you
- Who pays what, and on what date. Rent, service charge, and how the agency, legal and caution fees were split at the start.
- How bills are divided — electricity, water, waste, diesel or generator fuel.
- Notice period. How much warning before somebody moves out, so nobody is left holding a whole year's rent.
- Replacement. Can a leaver nominate someone, and who approves them? Agree this with the landlord too.
- The caution deposit. Who contributed what, and how it is divided when the tenancy ends.
- What happens if someone stops paying. Decide it now, calmly, rather than in month nine.
Both of you keep a signed copy. It takes twenty minutes and it is the difference between an awkward conversation and losing a year's rent.
Keep your paper trail
Two statutory rights are worth using every single time.
Section 5 obliges your landlord to issue a rent payment receipt, stating the date received, the names and addresses of both landlord and tenant, a description of the premises, the amount, and the period covered. Failure to issue one carries a ₦100,000 fine.
Section 10 covers the rest: where you are also charged a security deposit, service charge or payment for facilities, the landlord or agent must issue a separate receipt, and you are entitled to a written account at least every six months of how that money was disbursed. Ask for it. Almost nobody does.
Between flatmates, keep your own record too. Transfers with references beat "I gave you cash in December" every time.
One important exception
The Tenancy Law does not apply everywhere. Section 1(3) exempts Apapa, Ikeja GRA, Ikoyi and Victoria Island. If your flat is in one of those, the statutory protections described here do not apply in the same way and your written agreement matters even more.
Get the person right first
All the paperwork in the world will not rescue a bad match. Agree the money, the notice and the consent before anyone moves anything — and choose someone you have actually verified and spoken to properly.
Start with roommates in Lagos, check for the verification badge, video call before committing, and put the terms in writing while everyone is still friendly.
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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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