Know Your Right: How Tenants Can Challenge Unreasonable Rent Increases in Nigeria

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Know Your Right: How Tenants Can Challenge Unreasonable Rent Increases in Nigeria

Know Your Right

Across Nigeria, one of the biggest challenges facing tenants today is the sharp increase in house rent.

In many cities, tenants are being confronted with rent demands that are substantially higher than what they previously paid. For some families, a sudden increase can mean borrowing money, cutting essential expenses or being forced to move from a neighbourhood where they have lived for years.

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But can a landlord increase rent by any amount simply because the tenancy agreement has expired?
Not necessarily.

However, tenants need to understand an important legal reality: Nigeria does not currently have a single nationwide law that fixes one percentage limit for rent increases in every state.

Tenancy and recovery-of-premises rules are largely governed by state laws, while the Federal Capital Territory has its own applicable framework.

This means that the exact rights of a tenant depend partly on where the property is located and what the tenancy agreement provides.

So, what can a tenant do when rent is increased excessively?

1. Check your tenancy agreement first
The first document to examine is the tenancy agreement.

Many agreements contain a rent review or renewal clause specifying when rent may be reviewed and, sometimes, the basis on which the review should be conducted.

A landlord and tenant are generally bound by the contractual terms they have agreed to, subject to applicable law.

Therefore, before challenging an increase, a tenant should establish the following:

What was the previous rent?

When does the tenancy expire?

Does the agreement contain a rent-review clause?

Was the proposed increase communicated properly?

Is the new demand consistent with the agreement and applicable law?

2. A landlord’s right to review rent does not necessarily mean every increase is reasonable

There is an important distinction between a rent review and an arbitrary or unreasonable increase.
Some Nigerian jurisdictions have specific statutory protection against unreasonable rent increases.

For example, Section 37 of the Lagos State Tenancy Law 2011 allows an existing tenant to apply to court for an order declaring an increase in rent unreasonable.

The court is required to consider factors including:

-the general level of rents for comparable properties in the same or similar locality;

-evidence presented by the landlord and tenant; and
special circumstances relating to the property or other relevant matters.

If the court finds the increase unreasonable, the law empowers it to order that the increase be changed to a specific amount.

This Lagos provision is a useful example of how statutory protection can operate, but tenants in other states should not assume that Section 37 automatically applies to them.

3. Gather evidence before challenging the increase

A tenant who believes a rent increase is excessive should not rely solely on verbal complaints.
He should do the following things.

Keep:

The tenancy agreement — This establishes the original rent and contractual terms.

Previous rent receipts and payment records — Bank transfers, receipts and other evidence can establish the rent previously paid.

The landlord’s new demand — Keep letters, text messages, WhatsApp messages or other evidence showing the proposed new rent.

Comparable rents — Evidence showing what similar properties in the same neighbourhood are actually being rented for may be particularly useful where the applicable law allows the court to consider prevailing market rents.

Evidence of negotiations — Keep records showing attempts to resolve the matter amicably.

4. Do not assume that refusing to pay automatically solves the problem

A tenant should be careful about simply refusing to pay because they consider a rent increase unfair.

Depending on the jurisdiction, the tenancy agreement and the circumstances, failure to pay rent can expose a tenant to recovery-of-premises proceedings.

The safer approach is to obtain legal advice on the applicable state law before withholding rent or taking any other significant step.

5. A landlord cannot simply use force to eject a tenant

Another important principle in landlord-tenant law is that a landlord generally cannot resort to self-help by simply throwing a tenant out, changing locks or removing belongings without following the legally required procedure.

The Supreme Court has also recognised the legal consequences of unlawful eviction. Nigerian legal authorities have long distinguished lawful recovery of premises from self-help eviction.

However, the exact notice requirements and procedure differ according to the applicable jurisdiction and the nature of the tenancy.

6. What if you are in Lagos?

Lagos provides one of the clearest statutory examples.

Under Section 37 of the Lagos State Tenancy Law 2011, an existing tenant may approach the court to challenge an increase considered unreasonable.

The court considers comparable rents, evidence from both sides and other relevant circumstances. If the increase is found unreasonable, the court may order a specific amount.

The law also provides that a landlord cannot eject the tenant while the action challenging the rent increase is pending.

The Lagos State House of Assembly itself highlighted Section 37 in April 2025 while calling for stronger enforcement of the state’s tenancy law amid concerns over excessive rent increases.

7. What about Abuja and other states?

Tenants in Abuja should not simply rely on the Lagos law. The Recovery of Premises Act applies in the Federal Capital Territory and provides the relevant framework for recovery-of-premises matters.

Other states have their own laws, regulations and judicial procedures governing landlord-tenant relationships.

This is why a tenant in Port Harcourt, Kano, Enugu, Ibadan, Jos, Kaduna, Benin City or Abuja should establish the law applicable in that particular jurisdiction before taking legal action.

There is currently no comprehensive national rent-control framework prescribing a uniform maximum percentage by which landlords across Nigeria may increase rent.

NILDS noted in its 2026 legislative brief that the country’s tenancy framework remains fragmented and state-driven.

What should a tenant do when faced with a huge rent increase?

First: Do not panic.

Second: Read your tenancy agreement carefully.

Third: Ask the landlord or agent to communicate the proposed increase formally.

Fourth: Compare the proposed rent with similar properties in the area.
Fifth: Keep all payment records and correspondence.

Sixth: Try negotiation before commencing litigation.

Seventh: If the increase appears unreasonable or the landlord threatens unlawful eviction, consult a qualified lawyer or the appropriate legal-aid authority in your state.

The bottom line

A landlord is a property owner, but that does not mean a tenant has no legal protection.

At the same time, tenants should not be misled into believing that Nigeria has a universal law that automatically limits every rent increase to a particular percentage.

The law depends on the jurisdiction.
Where a state law provides a remedy against unreasonable rent increases, a tenant may be able to challenge the increase before a court. Lagos, for example, expressly provides such a remedy under Section 37 of its Tenancy Law 2011.

The safest rule for every tenant is simple:

Know your tenancy agreement. Know the law applicable in your state. Keep your evidence. And do not surrender your legal rights simply because your landlord has demanded a higher rent.

 

This article is for public education and general information and is not a substitute for legal advice. Nigerian tenancy law is largely jurisdiction-specific.

The Lagos State Tenancy Law 2011 and the FCT’s applicable recovery-of-premises framework are cited as examples; tenants should obtain professional legal advice based on the location of their property and the specific terms of their tenancy.

 

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