We Hold Your Brief

Dear Counsel, What should I do, about this challenging situation? My wedding is in September, and I have been going round, trying to get an apartment. The attitude of most landlords I have met, has been very discouraging. They all demand for two years down payment as rent, and I find this quite difficult and all my pleadings, have fallen on deaf ears.

My fiancé drew my attention to an article in a newspaper, in which it was mentioned that landlords in Lagos State, are now expected not to collect rent of more than a year in advance. Kindly, shed more light on this. D.E., Oshodi, Lagos.

Dear D.E., Since August, 2011, it has become unlawful for any landlord to collect yearly rent in excess of one year advance payment in Lagos State.

The provisions in the New Lagos State Tenancy Law enacted on August 5, 2011l, are quite compre- hensive. Like with most such new legislations, it takes time for all to get acquainted with the law and to comply.

There is also the need for the general public, both landlords and intending tenants, to be adequately enlightened on the new law and its provisions. Enforcement is also another aspect of the law, that the relevant authorities need to ensure.

However, the law provides at Section 4(3) that ‘It shall be unlawful for a landlord or his agent to demand or receive from a new would-be tenant rent in excess of one (1) year in respect of any premises’.

The law further provides at S.4 (5) ‘A person who receives or pays rent in excess of what is prescribed in this section shall be guilty of an offence and shall be liable to a fine of One Hundred Thousand Naira or three months imprisonment.’

This law is often observed in breach, primarily, because of desperate tenants who in search of accommodation, are ready to overlook this.