A landlord in Nigeria who wants a tenant to leave must follow the recovery of premises procedure set by law. In Lagos, this is mainly the Lagos State Tenancy Law 2011. In the Federal Capital Territory, it is the Recovery of Premises Act. Both require the landlord to serve the correct notices and, if the tenant does not leave, to obtain a court order for possession.
This guide explains how to evict a tenant in Lagos and Abuja lawfully, step by step, the mistakes that most often cause landlords to lose possession cases, and what tenants can do when they receive a notice.
Self-help eviction is unlawful
A landlord cannot remove a tenant by changing the locks, removing the doors or roof, throwing out the tenant's belongings, cutting off electricity or water, or using thugs or the police. These are unlawful even where the tenant owes rent or the tenancy has ended. The Lagos State Tenancy Law prohibits forceful eviction and makes it an offence, and a tenant who is evicted unlawfully can sue the landlord for damages.
The only lawful way to recover possession from a tenant who will not leave is through the courts.
Step 1: Review the tenancy
Before any notice is served, the landlord should confirm:
- Whether the Lagos Tenancy Law applies. It covers most of Lagos State but not Apapa, Ikeja GRA, Ikoyi and Victoria Island, where the general law and the tenancy agreement apply.
- The type of tenancy. A tenancy may be at will, weekly, monthly, quarterly, half-yearly or yearly, or for a fixed term. The type decides the length of the notice to quit.
- What the tenancy agreement says about notice, renewal, forfeiture and termination.
- The ground for recovery, such as the end of the tenancy, rent arrears, breach of the agreement or the landlord's need for the premises.
- Who the parties are. Notices must be given by the landlord, or an agent authorised by the landlord, to the actual tenant. Errors in names are a common reason claims fail.
Step 2: Serve a valid notice to quit
The notice to quit tells the tenant that the tenancy will end on a stated date and that they must give up possession. Under the Lagos State Tenancy Law, unless the agreement provides otherwise, the notice periods are:
| Type of tenancy | Length of notice to quit |
|---|---|
| Tenancy at will | One week |
| Weekly tenancy | One week |
| Monthly tenancy | One month |
| Quarterly tenancy | Three months |
| Half-yearly tenancy | Three months |
| Yearly tenancy | Six months |
In the FCT, the Recovery of Premises Act sets similar periods: a week for a tenancy at will or weekly tenancy, a month for a monthly tenancy, three months for a quarterly tenancy and half a year for a yearly tenancy. Under the Act, the notice to quit a periodic tenancy should generally expire at the end of a period of the tenancy, so the dates must be calculated carefully.
Where a fixed-term tenancy has already expired, a notice to quit may not be needed, but the tenancy agreement should be checked before relying on this.
The notice should state the address of the premises, the names of the landlord and the tenant, and the date by which the tenant must leave. It should be served personally where possible, or in another way the law allows if the tenant cannot be found, and the landlord should keep proof of service.
Step 3: Serve the seven-day notice of owner's intention
If the tenant has not left when the notice to quit expires, the landlord must serve a written notice of the owner's intention to apply to court to recover possession. In both Lagos and the FCT, this notice gives the tenant seven days. It is a separate notice from the notice to quit and cannot be combined with it.
Step 4: File a claim for possession
If the tenant is still in the premises after the seven days, the landlord can file a claim for possession. The landlord can usually also claim:
- arrears of rent owed up to the end of the tenancy
- mesne profits, which are payments for the tenant's use of the premises after the tenancy ended and before possession is given up
- costs of the proceedings
In Lagos, claims are filed in the Magistrates' Court or the High Court, depending on the annual rental value of the premises. In the FCT, claims are brought in the Magistrates' Court or the High Court of the FCT in the same way. Many cases settle at this stage, often with an agreed date for the tenant to leave and a plan for paying arrears.
Step 5: Judgment and enforcement
If the court finds for the landlord, it grants an order for possession and judgment for the arrears and mesne profits it finds due. The court may give the tenant a short period to leave. If the tenant does not leave, the landlord applies for a warrant for possession, which is carried out by court officials, not by the landlord.
Money judgments for arrears can be enforced in the usual ways, such as garnishee proceedings against the tenant's bank account. See our debt recovery service for large arrears.
Mediation and settlement
Recovering premises through the courts can take months, especially if the tenant defends. Many landlords and tenants resolve their differences faster through negotiation or mediation, for example at the Lagos State Citizens' Mediation Centre or the Lagos Multi-Door Courthouse. An agreed exit date, recorded in writing, is often the quickest way to get the property back.
Common mistakes that cause landlords to lose possession cases
- Wrong length of notice for the type of tenancy
- Wrong dates, such as a notice that expires before the end of the tenancy period
- Combining the notices, or skipping the seven-day notice of owner's intention
- Wrong parties, for example a notice given by someone without the landlord's authority, or to the wrong tenant
- No proof of service of the notices
- Accepting rent after the notice expires in a way that suggests a new tenancy
- Self-help such as locking the tenant out, which can lead to a counterclaim for damages
What tenants should do after receiving a notice
A tenant who receives a notice to quit should not ignore it. The tenant should check the type of tenancy, the length and dates of the notice and who served it, and take advice promptly. An invalid notice does not end the tenancy, and a tenant who is evicted or harassed unlawfully can go to court to stop it and claim damages. A tenant who wants to leave can also negotiate time to move and the refund of any deposit.
Frequently asked questions
How long does it take to evict a tenant in Lagos?
The notices alone take between two weeks and over six months, depending on the type of tenancy. If the tenant does not leave, an undefended claim may be decided within a few months, while a defended claim takes longer.
Can a landlord evict a tenant for not paying rent?
Yes, but only through the recovery of premises procedure. Rent arrears are a ground for recovering possession, and the landlord can claim the arrears and mesne profits in the same case.
Can the police evict a tenant in Nigeria?
No. Recovering premises is a civil matter. The police are not entitled to evict a tenant, and using them to do so can expose the landlord to a claim for breach of the tenant's rights.
Does a landlord need a lawyer to evict a tenant?
The law does not require it, but defective notices are the most common reason landlords lose possession cases. A lawyer prepares the notices correctly, serves them and conducts the court proceedings.
How our landlord and tenant lawyers can help
Our landlord and tenant lawyers in Lagos and Abuja prepare and serve notices to quit and notices of owner's intention, bring claims for possession, arrears and mesne profits, and enforce the judgment. We also act for tenants who have received a notice or face unlawful eviction.
To discuss your property, contact us.
