Evicting a tenant in Nigeria can feel like a battle you never signed up for. From unpaid rent to property damage or overstaying tenants refusing to leave, the eviction process can drain your time, peace, and money if not handled correctly.
But here’s the truth: You don’t need to lose money or sleep over evicting a problematic tenant. With the right knowledge and legal steps, you can reclaim your property while protecting your rights and avoiding costly mistakes.
This guide will walk you through the legal process of evicting a tenant in Nigeria, with a focus on the Lagos State Tenancy Law, to help you stay compliant and confident throughout the process.
Why You Should Never Evict a Tenant Illegally
Under Nigerian law, landlords cannot forcibly eject tenants without due legal process. Illegal eviction methods—like removing the tenant’s roof, locking out the tenant, or seizing property—can expose you to lawsuits, fines, and even criminal charges.
By following the legal route, you protect your investment while ensuring you can recover outstanding rent, secure your property, and avoid unnecessary legal battles.
Valid Grounds for Eviction in Nigeria
Before you start the eviction process, ensure you have valid grounds for eviction, such as:
Non-payment of rent.
Breach of tenancy agreement (e.g., illegal use, subletting).
Property damage.
Expiry of tenancy with a refusal to vacate.
Illegal activities on the property.
Understanding the Lagos State Tenancy Law: Notice Periods You Must Follow
The Lagos State Tenancy Law mandates specific notice periods for eviction if not otherwise stipulated in a written agreement:
- One week’s notice for weekly tenants or tenants at will.
- One month’s notice for monthly tenants.
- Three months’ notice for quarterly or half-yearly tenants.
- Six months’ notice for yearly tenants.
These notices are formally called “Notice to Quit.” If your tenancy agreement specifies a different notice period, that period will generally apply, provided it aligns with legal standards.
Step-by-Step Process to Evict a Tenant Legally in Nigeria
Step 1: Issue a Written Notice to Quit
Draft and serve the appropriate “Notice to Quit” based on the tenancy type. Ensure it includes:
- Landlord and tenant details.
- Address of the property.
- Reason for eviction (if applicable).
- Exact notice period required by law.
It’s best to serve the notice personally or via registered mail with proof of delivery.
Step 2: Serve the “Seven Days’ Notice of Owner’s Intention to Recover Premises”
After the “Notice to Quit” period expires and the tenant still refuses to vacate, you are legally required to serve a “Seven Days’ Notice of Owner’s Intention to Recover Premises.”
This notice informs the tenant that you will proceed with legal action if they do not vacate within the next seven days.
Step 3: File for Eviction in Court
Suppose the tenant remains on the property after the seven-day notice. In that case, you can file a claim at the Magistrate Court or High Court (depending on the property value and jurisdiction) to recover your premises legally.
Provide:
- Proof of ownership of the property.
- Copies of the tenancy agreement.
- Proof of issued notices and delivery.
- Any evidence of rent arrears or breaches.
Step 4: Obtain a Court Order
After reviewing your case, the court may issue an eviction order authorizing the tenant’s removal by law enforcement officers if they still refuse to vacate.
Frequently Asked Questions About Evicting a Tenant in Nigeria
Can I evict a tenant without a written agreement?
Yes, but you must follow statutory notice periods under the Lagos State Tenancy Law.
Can I change the locks if my tenant refuses to leave?
No. This is considered an illegal eviction and could lead to lawsuits.
How long does the eviction process take in Nigeria?
Timelines vary based on tenant cooperation and court schedules, but following due process ensures the eviction is enforceable.
Avoid Disputes: Always Use a Strong Tenancy Agreement
Eviction battles often arise due to poorly drafted agreements or verbal arrangements. Avoid future stress by using a clear, lawyer-reviewed tenancy agreement before renting out your property.
Generate a legally compliant tenancy agreement in minutes with Homz.ng.
Final Thoughts: Patience and Process Pay
While it may feel slow, following the legal eviction process in Nigeria protects your rights, money, and property. Skipping due process will only lead to bigger financial and legal headaches.
If you need help drafting notices or understanding your rights, consult a property lawyer or use Homz.ng’s automated tools to generate compliant notices and agreements easily.
Ready to protect your property without stress?
Start by generating your tenancy agreements and notices with Homz.ng here.
