Evicting a tenant in Nigeria can be challenging if not handled properly. Both landlords and tenants have legal rights under Nigerian law, and understanding these rights is crucial to avoid unnecessary disputes. In this article, we will provide a step-by-step guide on how to legally evict a tenant in Nigeria while ensuring compliance with relevant tenancy laws.
Understanding the Legal Framework for Eviction in Nigeria
The Tenancy Law in Nigeria
The tenancy law varies across Nigerian states, with Lagos State being one of the most prominent due to its detailed Tenancy Law of Lagos State, 2011. This law outlines the rights and obligations of both landlords and tenants, ensuring that eviction is conducted legally and fairly.
Across other states in Nigeria, the tenancy laws follow similar principles, but the specifics may differ. As a landlord, you must be familiar with the law governing your state before initiating any eviction process.
Common Grounds for Eviction
Legally, a landlord can evict a tenant based on various grounds, including:
- Non-payment of rent: One of the most common reasons for eviction. If a tenant fails to pay rent for a specific period (usually three months), the landlord can serve an eviction notice.
- Breach of tenancy agreement: Violations such as subletting without permission, illegal use of the property, or damaging the property are valid grounds for eviction.
- Overstaying after tenancy expiration: When a tenant refuses to vacate the premises after the lease has expired.
- Owner’s use: In some cases, landlords may evict tenants to personally occupy the property.
Step-by-Step Guide to Legally Evict a Tenant in Nigeria
1. Serve a Proper Notice to Quit
The first step in the eviction process is to serve the tenant with a Notice to Quit. The length of this notice period depends on the tenant’s type of tenancy:
- Weekly tenancy: 7 days’ notice.
- Monthly tenancy: 1-month notice.
- Yearly tenancy: 6-month notice.
The notice must be properly drafted and delivered to the tenant. It is advisable to have evidence of service, such as a witness or proof of postage if the notice is mailed.
Example:
If a tenant is on a monthly tenancy and has not paid rent for two months, you must give them a one-month notice to quit. Failure to follow this procedure may render the eviction invalid.
2. Issue a Seven-Day Owner’s Intention to Recover Possession
If the tenant refuses to vacate the premises after the Notice to Quit expires, the landlord must serve a Seven-Day Owner’s Intention to Recover Possession. This notice informs the tenant that legal action will be taken if they do not vacate within seven days.
3. Seek a Court Order for Eviction
If the tenant still refuses to leave after the Seven-Day Notice, the landlord must file a case in court. This is an important step as self-help (i.e., forcibly evicting the tenant without a court order) is illegal and can lead to criminal charges.
Court Proceedings:
During the court process, both the landlord and the tenant will present their case. The court will determine whether the eviction is justified based on the evidence presented. If the landlord wins the case, the court will issue a Warrant of Possession, allowing the landlord to legally evict the tenant.
4. Enforce the Court Order
Once a Warrant of Possession is granted, law enforcement officers, usually court bailiffs, will oversee the eviction to ensure it is conducted legally. The landlord should not attempt to evict the tenant without the presence of a court bailiff.
Important Note:
Even after the court order, it is essential to give the tenant reasonable time to move out to avoid accusations of harassment.
Common Mistakes Landlords Make During Eviction
1. Self-Help Eviction
As mentioned earlier, forcibly removing a tenant without a court order is illegal. This includes changing locks, removing tenant property, or cutting off utilities. Landlords who attempt self-help can face criminal penalties, including fines and imprisonment.
2. Improper Service of Notices
Notices to Quit and Seven-Day Notices must follow specific legal formats and be properly served. A notice sent via WhatsApp or verbally communicated may not hold up in court.
3. Failing to Maintain Documentation
Proper documentation, including the tenancy agreement, evidence of rent default, and copies of notices served, is essential. Lack of documentation can weaken the landlord’s case in court.
You May Also Like:
Best Property Law Firm in Lagos, Nigeria
Best Property Law Firm in Abuja, Nigeria
People Also Ask
How long does it take to evict a tenant in Nigeria?
The eviction process can take anywhere from a few months to over a year, depending on the complexity of the case, the efficiency of the court system, and the tenant’s willingness to vacate the property. Proper legal procedures must be followed to avoid delays.
Can a landlord evict a tenant without notice in Nigeria?
No. Under Nigerian law, a landlord cannot evict a tenant without first serving a proper Notice to Quit. Evicting a tenant without notice is illegal and may result in penalties for the landlord.
What are the rights of a tenant in Nigeria?
Tenants in Nigeria have the right to be properly notified before eviction, the right to peaceful enjoyment of the rented property, and the right to challenge unfair eviction in court. Tenants also have the right to proper maintenance of the property by the landlord.
Can a tenant sue a landlord for wrongful eviction?
Yes, a tenant can sue a landlord for wrongful eviction if the landlord violates the legal eviction process, such as evicting without notice or a court order. The tenant may be entitled to damages for illegal eviction.
Conclusion
Evicting a tenant in Nigeria involves several legal steps, from serving the proper notices to obtaining a court order for eviction. It is critical that landlords follow these steps meticulously to avoid legal repercussions. By understanding the legal framework and common mistakes, landlords can ensure a smooth eviction process.
Also Read:
How to Avoid Real Estate Fraud in Nigeria: Legal Guide
Resolving Land Disputes in Nigeria: A Comprehensive Guide
Understanding the Land Use Act in Nigeria: A Comprehensive Guide
How to Verify Property Titles in Nigeria: A Comprehensive Guide
How to Obtain Certificate of Occupancy in Nigeria: A Comprehensive Guide
The Trusted Advisors – A leading full-service law firm in Lagos, Abuja, Nigeria.
Email us: [email protected]
Telephone Number: +234 810 159 9159