A caution deposit is the part of your move-in bill that is supposed to come back to you. It often does not, and the reason is rarely dramatic. Nobody wrote down what the deposit covered, nobody photographed the flat on day one, and a year later the landlord and the tenant remember different things.
This guide shows how to protect your caution deposit from the day you pay it, and what to do if it is held back.
What a caution deposit is, and is not
A caution deposit is a sum you pay at the start of a tenancy, which the landlord holds against damage to the property and unpaid bills. At the end, you get it back, less anything fairly deducted.
It is not rent, and it is not a fee. Your agency and legal fees are payments for services and are not refundable. Do not let anyone describe a fee as a "deposit", or the reverse, because only one of them comes back. Our guide to what it really costs to rent a flat in Lagos lists each charge and which are refundable.
What the law is reported to say in Lagos
Reporting on the Lagos State Tenancy Law of 2011 says a landlord or agent must issue a separate receipt for a security deposit, a service charge or a facilities payment, and that the tenant is entitled to a written account of how the money was spent at least every six months (LawPadi). The same source says the law is reported not to apply to properties in Apapa, Ikeja GRA, Ikoyi and Victoria Island, and other states have their own rules. Check what applies to your property.
Before you pay: get four things in writing
- 1The amount, and what it is held against.
- 2What the landlord may deduct, and for what.
- 3When the deposit will be returned after you hand back the keys.
- 4How any deduction will be shown to you, for example with receipts or quotes.
If the agreement is silent on any of these, ask for a clause to be added. See how to read a tenancy agreement before you sign it for where each belongs.
On move-in day: build your evidence
The deposit is won or lost here.
- Walk through every room with the landlord or agent and note existing damage: stains, cracks, broken sockets, loose tiles, a leaking tap.
- Take dated photos and short videos of each room, the meters, the fittings and the keys.
- Send the notes and photos to the landlord by message the same day, so there is a record that they received them.
- Ask them to sign or reply to confirm the list.
During the tenancy
- Report faults in writing when they happen, so that a leak you reported is not later blamed on you.
- Keep receipts for repairs you pay for.
- Pay on time and keep proof. Unpaid rent or bills are the easiest deduction for a landlord to justify.
When you leave
- Give the notice your agreement requires, in writing.
- Clean the flat properly, and fix small things you caused, such as a missing bulb.
- Do a final walk-through with the landlord or agent. Photograph every room again, with the date.
- Hand over all keys and get a written acknowledgement.
- Ask, in writing, for the refund date and the account it will go to.
If the landlord does not return it
- Ask politely, in writing, quoting the agreement and the handover date.
- Ask for the deduction in detail. Receipts and photos, not a round figure.
- Compare against your evidence. Your move-in photos answer most claims.
- Send a formal demand letter if there is no response. A lawyer can send one for a modest fee.
- Consider mediation. Some states have free mediation centres, and legal aid offices can advise (Mushrooms mentions the Lagos Citizens' Mediation Centre).
- Use the courts as a last step, with a lawyer, weighing the cost against the sum.
Reduce the risk from the start
Choose a landlord or agent who answers plainly, ask the 12 questions before you pay rent and be wary of anyone who will not put the deposit terms in writing.
A worked example of a fair deduction
Suppose you paid a caution deposit of ₦300,000 and you are leaving after two years. These figures are illustrative.
| Item | Landlord's claim | Is it fair? |
|---|---|---|
| Repaint of rooms after two years | ₦120,000 | Often not, because normal wear is not damage |
| A cracked window you caused | ₦40,000 | Yes, if you can see the damage and the receipt |
| An unpaid electricity bill | ₦25,000 | Yes, with the meter reading and the bill |
| "Cleaning and administration" | ₦50,000 | Ask for a breakdown |
The useful idea is the difference between damage and fair wear and tear. Paint that has faded and carpet that has flattened are signs that someone lived in the flat. A hole in the wall, a broken door or a burnt worktop is damage. Landlords and tenants argue most about the first group, so it helps to agree how it will be treated in the agreement.
How long is too long to wait?
There is no single number that applies in every state, so check your agreement first. If it names a period, such as thirty days after handover, count from the date on your keys receipt and write to the landlord when the period ends. If it is silent, a short, polite message after two weeks is reasonable, followed by a firmer one a few weeks later.
Keep each message short and factual. For example: "I handed over the keys on 3 June. The agreement says the deposit is returned within thirty days. Please confirm the date and the amount." A message like that is hard to ignore and easy to show to a lawyer or a mediator later.
What a good paper trail looks like
When people win disputes over deposits it is usually because they kept records. Keep these in one folder on your phone and in the cloud.
- The tenancy agreement and every receipt.
- The move-in photos and the message where you sent them.
- Every repair request and the reply.
- The final photos and the keys receipt.
- Your messages asking for the refund.
If the case reaches a mediator or a lawyer, a tidy folder shortens the conversation and often the bill.
If you are the landlord
Returning a deposit quickly, with a clear list of any deductions, is the best advertisement for your next listing. A tenant who leaves feeling fairly treated recommends you to friends. One who feels cheated tells everyone. If you are listing on Zedo, a clear history of fair dealing builds the trust that fills your next vacancy faster.
A written move-in checklist signed by both sides, with photos, also protects you. It lets you claim for real damage without a dispute about what was there on the first day.
Sources
- LawPadi, "10 things Lagosians should know about the Lagos Tenancy Law"
- Mushrooms, "Quit notice and rent increases in Nigeria"
These are secondary sources. Confirm the current law for your state with a lawyer.
