The Process for Evicting a Tenant in Lagos, Nigeria
This article discusses the process which must be followed to lawfully evict a tenant in Lagos under the Tenancy Law of Lagos State (Cap. T1, Laws of Lagos State 2015, originally enacted in 2011 — we’ll call it “the Tenancy Law”). The Law does not apply in Apapa, Ikeja GRA, Ikoyi, and Victoria Island. Therefore, if your property is in any of those locations, this article does not apply to you.
One thing before we start, and it is the most important sentence in this article: only a court can evict a tenant in Lagos. It is a criminal offence under the Tenancy Law for a landlord to forcibly eject a tenant, threaten or harass a tenant into leaving, or demolish or alter the building to force a tenant out. No matter how strong your case is, if you skip the court and take matters into your own hands, you become the one breaking the law.
When can you evict a tenant?
There’s a common misconception that you can only evict a tenant when they refuse to pay rent. Yes, non-payment of rent is the biggest reason for eviction, however, it is not the only one. Under the Tenancy Law, a landlord can start the eviction process when any of the below occurs:
- The tenant is in arrears of rent;
- The tenant is in breach of any covenant or agreement as contained in the Tenancy Agreement;
- The premises is required by the landlord for personal use;
- The premises is being used for immoral or illegal purposes;
- The premises has been abandoned;
- The premises is unsafe and unsound as to constitute a danger to human life or property;
- The tenant constitutes, by conduct, an act of intolerable nuisance or induces a breach of a tenancy agreement.
The Eviction Process
Step 1 — Is the tenant seriously in arrears?
The Tenancy Law contains a shortcut for landlords whose tenants have fallen deeply into arrears. Under Section 13, where a monthly tenant is in arrears of rent for six months, or a quarterly or half-yearly tenant is in arrears of one year’s rent, the tenancy lapses automatically. In that situation the landlord does not need to serve a notice to quit — they can move straight to the 7-day notice in Step 3, and the court will make an order for possession and for the arrears once the landlord proves the arrears. Note that this shortcut does not apply to yearly tenants, and if your tenant’s arrears are below these thresholds, you must follow the full process starting from Step 2.
Step 2 — Serve a notice to quit
If the shortcut in Step 1 does not apply, the tenant must be given a notice to quit. The notice to quit is the notice period which a tenant must be given before the landlord can commence the process to evict the tenant. Interestingly, the Tenancy Law provides that where there is a stipulation as to the notice period in the Tenancy Agreement, the parties will be bound by that notice period. So, if you are a tenant reading this, you need to read your Tenancy Agreement again and find out what the notice period is. If there is no agreed notice period, the Tenancy Law provides for the following minimum notice periods:
- 1 week’s notice for a tenant at will;
- 1 month’s notice for a monthly tenant;
- 3 months’ notice for a quarterly tenant;
- 3 months’ notice for a half-yearly tenant; and
- 6 months’ notice for a yearly tenant.
In the case of a tenancy for a fixed term, no notice to quit is required once the tenancy has expired. In other words, if it is a 1-year tenancy and that year has ended, the landlord does not need to serve a notice to quit and can move straight to Step 3.
Step 3 — Serve the 7-day notice
Once the notice to quit has expired (or where the landlord does not need one), the next step is to serve a written notice on the tenant of the landlord’s intention to proceed to court to recover possession. This notice must give the tenant not less than 7 days, and there is a prescribed form for it (Form TL4 in the Schedule to the Tenancy Law — the notices to quit in Step 2 are Forms TL2 and TL3).
Step 4 — Go to court
Once the 7-day notice has expired, and if the tenant refuses to voluntarily leave the premises, the landlord can commence a case in court for recovery of possession. The court can order the tenant to give up possession and to pay any arrears of rent owed. Even at this stage, the landlord must wait for the court’s order and its enforcement by court officials — changing the locks or removing the tenant’s belongings before then remains an offence.
Need Legal Support?
We hope you have found this information helpful. Please note that this information is provided for general informational purposes only and is not intended to be legal advice. No lawyer-client relationship is formed nor should any such relationship be implied. It is not intended to substitute for the advice of a qualified lawyer. If you require legal advice, please consult with a qualified lawyer.