Introduction
Landlord and tenant disputes are common in Nigeria. However, many landlords still make the mistake of attempting to remove tenants forcefully without following the law.
Actions such as locking a tenant out, removing the tenant’s belongings, or disconnecting utilities can expose a landlord to legal liability.
In Nigeria, eviction must follow a specific legal procedure. A landlord who bypasses this process may be sued for unlawful eviction or trespass. This article explains the proper legal steps for evicting a tenant in Nigeria.
1. Identify the Type of Tenancy
The first step is to determine the type of tenancy involved. The length of the tenancy determines the type of notice that must be issued.
Common tenancy types in Nigeria include:
Weekly tenancy
Monthly tenancy
Quarterly tenancy
Yearly tenancy
Tenancy at will
Tenancy at sufferance
The applicable tenancy law in each state usually prescribes the minimum length of notice required before a tenant can be asked to vacate the premises.
2. Serve the Appropriate Notice to Quit
A Notice to Quit is the first legal step toward eviction. This notice informs the tenant that the landlord intends to terminate the tenancy.
The required notice periods commonly include:
1 week notice for weekly tenants
1 month notice for monthly tenants
3 months notice for quarterly tenants
6 months notice for yearly tenants
The notice must clearly state:
The landlord’s intention to terminate the tenancy
The address of the property
The date the tenant is expected to deliver possession
The notice should be properly served on the tenant. Improper service may invalidate the eviction process.
3. Serve a Seven-Day Owner’s Intention to Recover Possession
If the tenant remains in the property after the expiration of the Notice to Quit, the landlord must then serve a Seven-Day Notice of Owner’s Intention to Apply to Court to Recover Possession.
This notice informs the tenant that the landlord intends to approach the court to recover possession if the tenant does not vacate the property within seven days.
This step is mandatory in most tenancy laws across Nigeria.
4. Exception: Where the Tenancy Has Already Expired
It is important to note that a tenant may not be entitled to a Notice to Quit where the tenancy is a fixed term that has already expired by effluxion of time. In such circumstances, the tenant is regarded as holding over after the lawful term of the tenancy has ended.
The courts have held that where a tenancy has expired and the tenant remains in possession, the landlord may proceed by serving the Seven-Day Notice of Owner’s Intention to Apply to Court to Recover Possession and thereafter commence an action for recovery of possession.
This means that the entitlement to statutory notices generally depends on the existence of a subsisting tenancy relationship.
5. File an Action in Court
If the tenant still refuses to vacate after the seven-day notice, the landlord must file a suit in court seeking recovery of possession.
The case is usually filed in either:
The Magistrate Court, or The High Court, depending on the applicable state law and the value or nature of the property.
The landlord may claim:
Recovery of possession of the premises
Arrears of rent (if applicable)
Mesne profits (compensation for unlawful occupation after tenancy expires)
The tenant will then be served with the court processes and given an opportunity to defend the case.
6. Obtain a Court Order for Possession
A tenant can only be lawfully evicted after the court grants an order for possession.
Once the court delivers judgment in favor of the landlord, the court may issue:
A Warrant of Possession, or An Order for Possession
The court bailiff is responsible for enforcing the order. A landlord must not personally carry out the eviction.
7. Avoid Self-Help Eviction
Nigerian courts consistently condemn self-help eviction. This includes:
Changing the locks
Removing the tenant’s belongings
Harassing or intimidating the tenant
Disconnecting electricity or water to force the tenant out
Even if the tenant owes rent, the landlord must still follow the legal eviction procedure.
Courts have repeatedly held that landlords must seek judicial intervention rather than take the law into their own hands.
Practical Tips for Landlords
To avoid legal complications, landlords should:
1. Always issue written tenancy agreements
2. Ensure that proper notices are served
3. Keep copies of all notices and evidence of service
4. Seek legal advice before initiating eviction proceedings
Following the proper procedure protects landlords from claims of unlawful eviction and ensures that the process is legally enforceable.
Conclusion
Evicting a tenant in Nigeria requires strict compliance with the law. The key steps generally include:
1. Serving the appropriate Notice to Quit
2. Serving a Seven-Day Notice of Owner’s Intention to Recover Possession
3. Filing a court action for recovery of possession
4. Enforcing the court order through the court bailiff
Landlords who follow these steps reduce the risk of legal disputes and ensure that possession of their property is recovered lawfully.
Disclaimer:
This article is provided for general informational purposes only and does not constitute legal advice. Tenancy laws and procedures may vary across different states in Nigeria. Individuals facing landlord-tenant disputes should consult a qualified legal practitioner for advice specific to their circumstances.
For a general overview of how landlords may reclaim possession of their property in Nigeria, you may also read our earlier article titled How to Recover Your Property in Nigeria: A Simple Guide.
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