Introduction
In Nigeria, disputes between landlords and tenants often hinge on whether a proper notice to quit was served before an action for recovery of premises was filed. Courts have consistently emphasized the importance of strictly complying with legal requirements before evicting a tenant. Whether you are a landlord or a tenant, understanding the legal framework governing notice to quit is essential.
Below are highlights from recent Nigerian appellate decisions clarifying the rules:
The Type of Tenancy Determines the Notice Period
The law sets out specific timelines depending on whether the tenancy is weekly, monthly, yearly, or fixed-term.
Yearly tenancy – 6 months’ notice
Monthly tenancy – 1 month’s notice
Weekly tenancy – 1 week’s notice
Fixed-term tenancy – No quit notice required; tenancy ends automatically, but a 7-day notice of intention to recover possession is still needed.
Case in point:
In ABDULAZIZ v. GARBA (2019) LPELR-48086(CA), the court held that a fixed-term lease ends automatically upon expiration, and only a 7-day notice of the landlord’s intention to recover possession is required.
Tenancy Must Be Properly Determined Before Eviction
A landlord cannot lawfully recover possession unless the tenancy has first been validly terminated.
In OGAR v. ILOETOMMA (2015) LPELR-40694(CA), the court refused to grant recovery where the tenancy had not been determined in accordance with the agreement and the law.
Landlord or Agent Must Serve the Notice
A valid notice to quit must be issued by either the landlord or a duly authorized agent.
In CHISCO TRANSPORT LTD v. NJOKU (2024) LPELR-62333(CA), the Court of Appeal affirmed that an agent acting with authority can serve valid statutory notices on behalf of a landlord.
Accepting Rent After Notice Does Not Nullify the Notice
Many landlords fear that collecting rent after serving a notice may invalidate the notice. This is not always the case.
The Supreme Court in PILLARS (NIG) LTD v. DESBORDES (2021) LPELR-55200(SC) ruled that rent collected after notice to quit does not waive the termination unless a new tenancy agreement is made.
Defective or Inadequate Notice is Invalid
If a tenant is not given the correct length of notice, any action for possession may fail.
In ODIGBO v. ABUBAKAR (2018) LPELR-46473(CA), a one-month notice was served on a yearly tenant. The court declared it invalid and held that the landlord must give six months’ notice in such a case.
For Statutory Tenants, Only 7 Days’ Notice is Required
Where a tenant’s term has expired but they remain in occupation (statutory tenant), the landlord must serve a 7-day notice of intention to recover possession.
As confirmed in PROCON GROUP AFRICA LTD v. AYUBA (2020) LPELR-51189(CA), this is a statutory requirement that vests the court with jurisdiction to hear the case.
Tenancy Without Renewal Becomes Tenancy at Will
Where a tenant fails to renew a definite-term tenancy, the tenancy is considered terminated, and the tenant becomes a tenant at will.
In OWHOR v. OBODO (2020) LPELR-50589(CA), the court held that the landlord needed only to serve a 7-day notice since the tenancy had already expired and was not renewed.
Conclusion
Landlords must strictly comply with the legal procedures before initiating eviction proceedings. Similarly, tenants should be aware of their rights and the validity of any notice served on them. Invalid notices to quit can render the entire eviction process unlawful.
If you’re facing a tenancy issue—either as a landlord seeking to recover possession or a tenant challenging an eviction—it is advisable to consult a legal professional for tailored advice.
Disclaimer:
This blog post is for general informational purposes only and does not constitute legal advice. While efforts have been made to ensure the accuracy of the information presented, readers are advised to consult a qualified legal practitioner for advice specific to their circumstances. Reliance on any information contained herein is solely at the reader’s own risk.
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