Can a Landlord Increase Rent Arbitrarily in Nigeria? Know Your Rights

Imagine paying ₦800,000 annual rent for a property and receiving a notice that your rent will increase to ₦1.5 million when your tenancy is renewed.

Can your landlord simply increase the rent by whatever amount he wants?

The answer depends on the terms of the tenancy, the applicable law and the circumstances surrounding the proposed increase.

For tenants in Lagos, the question is particularly important because the Lagos State Tenancy Law 2011 contains provisions dealing with unreasonable rent increases. At the same time, the Lagos State House of Assembly introduced the Lagos State Tenancy and Recovery of Premises Bill 2025, which proposes significant changes to the existing framework. The Bill is not yet the law and should not be confused with the existing 2011 legislation.

Can a Landlord Increase Rent?

A landlord is entitled to review the rent payable for a property, particularly when an existing tenancy expires and the parties are negotiating a new tenancy.

However, the landlord’s right to increase rent is not an unrestricted right to impose any amount at any time.

The first document to examine is the tenancy agreement.

If the agreement contains a rent-review or escalation clause, that provision is relevant in determining the parties’ rights.

Where there is no such provision, the circumstances surrounding the proposed increase and the applicable law must be considered.

Can a Landlord Increase Rent During an Existing Tenancy?

The position is different where the tenant is still within a fixed tenancy period.

A landlord cannot simply disregard the terms of a subsisting tenancy agreement and impose a new rent in the middle of the agreed term.

For example, if a tenant has paid ₦1 million for a one-year tenancy running from January to December, the landlord cannot ordinarily demand an additional ₦500,000 in July merely because rental values in the area have increased.

The contractual terms governing the tenancy remain binding.

What Happens When the Tenancy Expires?

When the agreed tenancy period expires, the parties are dealing with the renewal or continuation of the tenancy.

A landlord who wishes to continue the tenancy at a higher rent can propose new terms for the new tenancy.

The tenant can then accept the proposed rent, negotiate or decide not to continue the tenancy.

However, the landlord must still comply with the applicable law when seeking possession where the tenant does not agree to the new terms.

A landlord cannot use force or self-help simply because a tenant refuses to accept a proposed increase.

What Is an Unreasonable Rent Increase?

An increase can become legally challengeable where the applicable law treats it as unreasonable.

The fact that a landlord has increased rent does not, by itself, establish that the increase is unlawful.

The size of the increase must be considered alongside the relevant circumstances.

For example, an increase from ₦1 million to ₦1.2 million is a 20% increase, while an increase from ₦1 million to ₦3 million is a 200% increase.

The percentage alone does not determine whether the increase is legally unreasonable.

Factors relating to the property and prevailing rents in the locality are relevant.

What Does the Lagos Tenancy Law 2011 Say About Unreasonable Rent Increases?

Section 37 of the Lagos State Tenancy Law 2011 specifically addresses unreasonable increases in rent.

Subject to any agreement to the contrary, an existing tenant can apply to the court for an order declaring an increase in rent unreasonable.

In determining whether the increase is unreasonable, the court considers matters including:

• The general level of rents in the locality.
• The level of rents in similar localities.
• Evidence from the parties.
• Special circumstances relating to the premises.
• Other relevant matters.

Where the court is satisfied that the increase is unreasonable, it can order that the increase be changed to a specific amount.

This statutory protection is important, but it should not be presented as though it applies identically to every property and tenancy in Lagos. The scope and application of the 2011 Law must be considered in relation to the particular premises.

Has the Lagos Tenancy Law Been Amended in 2025?

This requires clarification because there has been considerable confusion about it.

In May 2025, the Lagos State Government expressly disowned an online publication claiming that the Lagos Tenancy Law had been updated or amended. The Government described that publication as false.

What actually happened later in 2025 was the introduction of the Lagos State Tenancy and Recovery of Premises Bill 2025 before the Lagos State House of Assembly.

The Bill seeks to repeal and replace the existing 2011 framework and proposes changes concerning matters including rent, advance payments, agency fees and recovery of premises.

However, a Bill is not the same thing as an enacted law.

Therefore, landlords and tenants should distinguish between:

The Lagos State Tenancy Law 2011 — the existing law; and

The Lagos State Tenancy and Recovery of Premises Bill 2025 — proposed legislation that seeks to change the existing framework.

As at the date of this article, the Bill has not replaced the 2011 Law.

What Changes Does the 2025 Bill Propose?

The proposed Bill contains significant reforms to the existing tenancy framework.

Among other things, it proposes rules concerning:

• Advance rent.
• Agency and professional fees.
• Recovery of premises.
• Landlord and tenant obligations.
• Dispute resolution.
• The scope of application of the tenancy legislation.

The Bill also proposes broader application across Lagos State, addressing some of the geographical exclusions associated with the existing 2011 Law.

These proposals are important for landlords, tenants, estate agents and property investors to understand.

However, they should not be presented as current law until the legislative process is completed and the legislation comes into force.

Can a Tenant Challenge an Excessive Rent Increase?

Where section 37 of the Lagos State Tenancy Law 2011 applies, an existing tenant can apply to court for an order declaring an unreasonable increase unreasonable.

The tenant should support the application with evidence.

Relevant evidence can include:

• Rental agreements for comparable properties.
• Evidence of rent paid for similar properties.
• Current property listings.
• Evidence from estate agents or property professionals.
• Evidence concerning the condition and facilities of comparable properties.
• Previous rent paid for the premises.
• The landlord’s communication proposing the increase.

The court will consider the evidence and the circumstances of the particular premises.

Does the Landlord Have to Charge the Same Rent as Other Landlords?

No.

A landlord is not required to charge exactly the same rent as another landlord.

Properties differ in:

• Location.
• Size.
• Condition.
• Facilities.
• Accessibility.
• Security.
• Infrastructure.
• Quality of construction.

The existence of a cheaper property in the same general area does not automatically make another landlord’s rent unreasonable.

What matters is whether the proposed rent is unreasonable in the circumstances and under the applicable legal framework.

Can a Landlord Increase Rent Because Property Values Have Increased?

An increase in property values can be relevant when determining the rental value of a property.

However, an increase in property values does not automatically make every proposed rent increase reasonable.

The rental market, the condition and characteristics of the property and other relevant circumstances must be considered.

What If the Tenant Refuses to Accept the New Rent?

Where the existing tenancy has expired and the landlord proposes a new rent, the parties must determine whether they can agree on the terms of a new tenancy.

A tenant should not assume that refusing the proposed rent automatically creates a permanent right to remain in possession at the previous rent.

At the same time, a landlord cannot simply remove the tenant because the tenant refuses to accept the proposed increase.

Where possession is required, the landlord must follow the applicable legal procedure for recovery of premises.

This is why a disagreement over rent should not be converted into self-help eviction.

Can a Landlord Evict a Tenant for Refusing a Rent Increase?

A landlord cannot lawfully resort to force or self-help to remove a tenant.

Where the tenancy has ended and the tenant remains in possession, the landlord must comply with the applicable procedure for recovering possession.

A landlord should not:

• Change the locks.
• Remove the tenant’s belongings.
• Physically remove the tenant.
• Use threats or violence.
• Disconnect services as a means of forcing the tenant out.

The proper legal procedure must be followed.

If you want to understand that process in detail, see our article on How to Legally Evict a Tenant in Nigeria.

Can a Tenant Be Ejected While Challenging an Unreasonable Rent Increase?

Section 37(4) of the Lagos State Tenancy Law 2011 provides that a landlord cannot eject an existing tenant from the premises pending determination of an action challenging an unreasonable rent increase under the section.

However, the applicability of this protection must be considered in light of the particular tenancy and the scope of the legislation.

A tenant should therefore obtain legal advice before relying on the provision.

Does the Lagos Tenancy Law Apply to Every Property in Lagos?

No.

The 2011 Law contains exclusions from its application, including certain high-value areas and categories of premises.

This is one of the issues the proposed 2025 Bill seeks to address by providing for broader application across Lagos State.

Therefore, the fact that a property is located in Lagos does not, by itself, establish that every provision of the Lagos State Tenancy Law 2011 applies to that property.

The location, nature of the premises and applicable legal framework should be examined.

What About Tenants Outside Lagos?

There is no single tenancy statute governing every landlord-tenant relationship throughout Nigeria.

Tenancy matters are substantially regulated by state legislation and applicable principles of property law.

Consequently, the position in Lagos is not automatically the same as the position in Abuja, Rivers, Enugu, Anambra or another state.

A tenant should identify the law applicable to the particular property before relying on a statutory protection.

What Should You Do If Your Landlord Has Increased Your Rent Excessively?

If you believe your rent has been increased excessively:

1. Check your tenancy agreement.
2. Determine when the current tenancy expires.
3. Check whether the agreement contains a rent-review clause.
4. Obtain evidence of comparable rents.
5. Keep the landlord’s communication proposing the increase.
6. Determine which tenancy legislation applies to the property.
7. Obtain legal advice before refusing payment.
8. Consider the appropriate legal procedure for challenging the increase where one is available.

Do not simply stop paying rent because you believe the increase is excessive.

What Should Landlords Do Before Increasing Rent?

Landlords should also take care when reviewing rent.

Before proposing a new rent, a landlord should:

• Review the tenancy agreement.
• Check any rent-review provisions.
• Consider prevailing rental values.
• Comply with applicable tenancy legislation.
• Give any required notice.
• Avoid self-help.
• Keep proper records of communications with the tenant.

A properly documented rent review reduces the risk of unnecessary disputes.

Common Mistakes Tenants Make

Tenants sometimes make the following mistakes:

• Assuming every rent increase is illegal.
• Refusing to pay without obtaining legal advice.
• Ignoring the tenancy agreement.
• Failing to determine which law applies.
• Relying on social-media claims about new tenancy laws.
• Failing to preserve evidence of comparable rents.
• Waiting until possession proceedings have commenced before seeking legal advice.

The fact that an increase appears excessive does not mean that the tenant should respond through self-help.

Common Mistakes Landlords Make

Landlords also make mistakes, including:

• Increasing rent during a subsisting fixed tenancy without contractual authority.
• Ignoring the tenancy agreement.
• Assuming that ownership gives an unrestricted right to remove a tenant.
• Using force or threats to recover possession.
• Changing locks without following the proper legal process.
• Treating a proposed Bill as though it were already law.
• Failing to document rent negotiations.

Landlords should ensure that any rent review and subsequent recovery of possession comply with the applicable legal framework.

How Lexforte Attorneys Can Help

At Lexforte Attorneys, we advise landlords, tenants, property owners and investors on tenancy and property-related legal matters.

Our services include:

• Landlord and tenant disputes.
• Rent disputes.
• Recovery of premises.
• Eviction proceedings.
• Tenancy agreement review.
• Property documentation.
• Land and property litigation.
• Negotiation of landlord-tenant disputes.

We help clients understand their legal rights and obligations and pursue lawful solutions to tenancy disputes.

Conclusion

So, can a landlord increase your rent arbitrarily in Nigeria?

A landlord’s right to review rent is not an unrestricted right to impose any amount at any time.

The tenancy agreement, the stage of the tenancy, the applicable state law and the circumstances surrounding the proposed increase all matter.

For Lagos, section 37 of the Lagos State Tenancy Law 2011 provides an existing tenant with a mechanism for challenging an unreasonable rent increase, subject to the application of the law to the particular premises.

It is also important to distinguish the existing law from the Lagos State Tenancy and Recovery of Premises Bill 2025. The Bill proposes substantial changes to the tenancy framework, but a proposed Bill should not be treated as an enacted law.

If you are a tenant facing a substantial rent increase or a landlord dealing with a rent dispute, obtain legal advice before taking action.

Contact Lexforte Attorneys for professional advice on tenancy, landlord-tenant disputes and property-related legal matters.