A tenant who has occupied a property for several years can understandably expect to remain in the property when the tenancy expires, particularly where rent has always been paid promptly and the tenant has complied with the terms of the tenancy agreement. However, a tenant does not automatically acquire a right to renew a tenancy simply because the tenant has been a good tenant or has occupied the property for a long period. The starting point is the tenancy agreement. If the agreement gives the tenant an option or right to renew, the landlord’s refusal to renew can raise a contractual issue. If there is no such provision, the landlord is generally not required to grant a new tenancy merely because the tenant wants to remain in the property. The position also differs depending on whether the existing tenancy is a fixed-term tenancy, a periodic tenancy, or a tenancy that has already expired. This article explains what a tenant should do when a landlord refuses to renew a tenancy agreement in Nigeria, with particular attention to the legal position in Lagos State. Does a Tenant Have an Automatic Right to Renew a Tenancy? No. The expiration of a tenancy does not automatically give the tenant a right to another term. A tenancy is a contractual relationship. Where the agreed term expires, the tenant’s contractual right to occupy the premises ordinarily comes to an end unless: the tenancy agreement provides for renewal; the parties enter into a new agreement; the tenant validly exercises an existing option to renew; or the conduct of the parties creates a new tenancy or other legally recognised relationship. The Court of Appeal has recognised this principle in Oteri Holdings Ltd v. Heritage Banking Company Ltd (2020) LPELR-50802(CA), where a tenant sought to continue occupying premises after the expiration of a fixed-term lease containing an option to renew. The court emphasised that the tenant’s intention to renew did not itself create a renewed tenancy. Therefore, a tenant should not assume that a landlord is legally required to renew simply because the tenant has occupied the property for many years. What Is an Option to Renew? An option to renew is a contractual provision giving a tenant a right to seek or obtain a further term in accordance with the conditions stipulated in the tenancy agreement. The precise wording of the clause is critical. For example, an agreement might provide: “The tenant shall have an option to renew the tenancy for a further term of three years.” Another agreement might state: “The landlord shall grant the tenant a further term upon written notice given three months before expiration, subject to the tenant complying with the terms of the tenancy.” These clauses do not necessarily produce identical legal consequences. The court will examine the actual agreement to determine what rights the parties created. Can a Landlord Refuse to Renew Where the Tenant Has an Option to Renew? Not necessarily. Where the tenancy agreement contains a valid option to renew, the landlord’s ability to refuse renewal depends on the wording and conditions of the option. The tenant must first determine: whether the agreement actually grants an option to renew; when the option must be exercised; how the option must be exercised; whether written notice is required; whether the tenant must give notice within a specified period; whether payment of rent must be up to date; whether compliance with other covenants is a condition of renewal; whether the new rent is predetermined or subject to negotiation; and whether the landlord’s consent is required. The courts have repeatedly held that a tenant seeking to exercise an option to renew must comply with the conditions governing its exercise. In Oteri Holdings Ltd v. Heritage Banking Company Ltd, the Court of Appeal relied on the Supreme Court decision in Conoil Plc v. Dutse (2016) LPELR-40236(SC) and other authorities on the strict compliance required for exercising an option to renew. What If the Tenancy Agreement Does Not Contain a Renewal Clause? Where the tenancy agreement contains no right or option to renew, the tenant generally cannot compel the landlord to enter into a fresh tenancy simply because the tenant wishes to remain. The landlord can decide not to grant a new tenancy, subject to the applicable law governing the termination and recovery of possession. The tenant’s proper response is therefore not to insist that the landlord must renew the agreement, but to determine: whether the existing tenancy has expired; whether the landlord has complied with the applicable notice requirements; whether the tenant has any contractual right to renewal; and whether any other legal circumstances protect the tenant’s continued possession. Can a Landlord Refuse Renewal Because the Tenant Is in Rent Arrears? Yes. Where the tenancy agreement makes compliance with the tenant’s obligations a condition of renewal, substantial arrears or other breaches can affect the tenant’s ability to exercise an option to renew. This was an important consideration in Oteri Holdings Ltd v. Heritage Banking Company Ltd, where the tenant sought to continue in possession but had outstanding obligations. The court considered the contractual conditions governing renewal and the tenant’s failure to establish a valid renewal. A tenant who wants to rely on an option to renew should therefore ensure that all conditions attached to the option have been satisfied. What If the Tenant Has Always Paid Rent on Time? Regular payment of rent is important, but it does not by itself create a permanent right to renewal. A tenant who has paid rent regularly for ten or twenty years does not automatically acquire a right to another tenancy merely because of that history. The question remains whether the tenant has a contractual or statutory right to continue in possession. A good tenancy record can, however, be relevant to negotiations with the landlord and to the circumstances of a dispute. What If There Is No Written Tenancy Agreement? The absence of a written tenancy agreement does not mean that there is no tenancy or that
How Much Notice Must a Landlord Give a Tenant in Nigeria?
One of the most common questions in landlord and tenant disputes in Nigeria is: how much notice must a landlord give a tenant before asking the tenant to leave? There is no single notice period that applies to every tenancy in Nigeria. The required notice depends principally on the type of tenancy, the terms of the tenancy agreement and the law applicable in the state where the property is located. For example, under the Lagos State Tenancy Law 2011, where the tenancy agreement does not stipulate the period of notice required to determine the tenancy, the statutory periods are one week for a tenant at will, one month for a monthly tenant, three months for a quarterly tenant, three months for a half-yearly tenant and six months for a yearly tenant. However, these statutory periods should not be applied mechanically. The first document a landlord should examine is the tenancy agreement. Is There a Uniform Notice Period for Tenants in Nigeria? No. Landlord and tenant law is not governed by one uniform notice period applicable throughout Nigeria. Different states have different legislation governing the recovery of premises, and the applicable procedure also depends on the nature of the tenancy. Consequently, a landlord in Lagos should not automatically apply the notice period applicable in Abuja, Rivers State, Anambra State or another jurisdiction. The location of the property must first be established. How Much Notice Must a Landlord Give in Lagos State? For premises to which the Lagos State Tenancy Law 2011 applies, Section 13(1) provides the following statutory periods where there is no stipulation as to the notice to be given by either party: Type of tenancy Statutory notice Tenant at will 1 week Monthly tenancy 1 month Quarterly tenancy 3 months Half-yearly tenancy 3 months Yearly tenancy 6 months These are default periods. They apply where the tenancy agreement does not stipulate the notice required to determine the tenancy. This is an important point because it is often incorrectly stated that every yearly tenant in Lagos is automatically entitled to six months’ notice. The correct position is more nuanced: six months is the statutory default where the agreement does not stipulate a different period. Does the Tenancy Agreement Determine the Notice Period? Yes, subject to the applicable law. Section 13(1) of the Lagos State Tenancy Law expressly begins with the words “where there is no stipulation” as to the notice to be given. Therefore, where the parties have validly agreed on the notice period in their tenancy agreement, that contractual provision is important in determining the period required to terminate the tenancy. For example, if a tenancy agreement provides that either party must give three months’ notice to terminate the tenancy, the landlord should not simply assume that six months’ notice is required because the tenant pays rent yearly. The agreement must first be examined. Why the Tenancy Agreement Matters Two tenants paying rent yearly can therefore potentially be subject to different notice provisions where their tenancy agreements contain different termination clauses. For this reason, landlords should not issue a notice to quit merely by relying on the period for which rent is paid. The agreement should be reviewed first. How Much Notice Must a Monthly Tenant Receive? Where the Lagos State Tenancy Law applies and the tenancy agreement does not stipulate a different period, a monthly tenant is entitled to one month’s notice. For example, if the tenancy is monthly and there is no contractual provision dealing with notice, the landlord cannot simply give the tenant seven days to vacate. The statutory period is one month. How Much Notice Must a Quarterly Tenant Receive? A quarterly tenant is entitled to three months’ notice where the tenancy agreement is silent on the period of notice. The same statutory period applies to a half-yearly tenant under Section 13(1) of the Lagos State Tenancy Law 2011. How Much Notice Must a Yearly Tenant Receive? Where the Lagos State Tenancy Law applies and the tenancy agreement does not provide otherwise, a yearly tenant is entitled to six months’ notice. This is the source of the commonly quoted rule that a landlord must give a yearly tenant six months’ notice. However, it is important to emphasise that the six-month period is the statutory default under Section 13(1)(e). It should not be presented as an absolute rule applying regardless of the tenancy agreement. How Much Notice Must a Tenant at Will Receive? Where the Lagos State Tenancy Law applies and there is no stipulation as to notice, a tenant at will is entitled to one week’s notice under Section 13(1)(a). A tenancy at will is different from a monthly or yearly tenancy. The nature of the tenancy should therefore be properly established before determining the notice required. What If the Tenancy Is for a Fixed Term? A fixed-term tenancy is treated differently. Where a tenancy is for a specified fixed period, the tenancy ordinarily comes to an end by effluxion of time when the agreed term expires. Under Section 13(5) of the Lagos State Tenancy Law 2011, no notice to quit is required once a fixed-term tenancy has been determined by effluxion of time. However, where the landlord intends to go to court to recover possession after the fixed term has expired, the landlord must serve the required seven-day written notice of intention to apply to recover possession. This distinction is extremely important. Example Suppose a tenant is granted a one-year fixed tenancy from 1 January 2026 to 31 December 2026. If the tenancy expires on 31 December 2026 by effluxion of time, the landlord does not have to serve a six-month notice to quit merely to bring the fixed term to an end. If the tenant remains in possession after the expiry of the fixed term and the landlord intends to commence proceedings for possession, the statutory procedure applicable to recovery of premises must then be followed, including the requisite seven-day notice of intention to recover possession. What Is the Difference Between a