Can a Landlord Evict a Tenant Without a Court Order in Nigeria?

A landlord does not have the right to remove a sitting tenant from rented premises by force or through self-help merely because the tenancy has expired, rent is owing, or the landlord wants the property back.

The general rule is that where a tenant remains in possession and refuses to surrender the premises, the landlord must follow the applicable statutory procedure for recovery of possession and, where the tenant does not vacate, obtain an order of a competent court for possession.

This means that a landlord should not simply change the locks, remove the tenant’s belongings, disconnect electricity or water, demolish part of the premises, or use force to drive the tenant out.

However, there is an important distinction between recovering possession from a sitting tenant and retaking possession of premises that have genuinely been surrendered or abandoned.

This article focuses principally on Lagos State, where the issue frequently arises. The applicable law can differ from one state to another, so landlords and tenants outside Lagos should consider the tenancy legislation applicable in their particular state.

Can a Landlord Evict a Tenant Without a Court Order?

Generally, no.

Where a tenant is still in possession of the premises, a landlord cannot lawfully resort to self-help to eject the tenant.

The landlord must follow the applicable recovery-of-premises procedure. In the ordinary case, this involves the appropriate notice to terminate the tenancy, followed by the requisite notice of intention to recover possession and, where the tenant still refuses to vacate, proceedings before the appropriate court.

The court then determines whether the landlord is entitled to possession and, where appropriate, makes an order for possession.

The principle is particularly important because the landlord’s ownership of the property does not entitle the landlord to forcibly dispossess a tenant who is in lawful possession.

What Is Self-Help Eviction?

Self-help eviction occurs where a landlord attempts to recover possession without following the legally prescribed process.

Examples include:

• changing the tenant’s locks;
• removing the tenant’s belongings;
• locking the tenant out of the premises;
• disconnecting electricity or water to force the tenant to leave;
• removing the roof or part of the building;
• physically removing the tenant;
• threatening or harassing the tenant into surrendering possession;
• demolishing or damaging the premises to force the tenant out; and
• employing thugs or other persons to eject the tenant.

A landlord who is entitled to possession does not thereby acquire the right to recover possession by force.

Does Expiration of the Tenancy Allow a Landlord to Remove the Tenant Immediately?

No.

The expiration of a tenancy does not, by itself, authorise a landlord to physically eject a tenant who remains in possession.

The landlord must comply with the applicable notice requirements and recovery-of-premises procedure.

This is an important distinction.

For example, if a yearly tenancy expires on 31 December and the tenant remains in occupation thereafter, the landlord cannot simply arrive on 1 January, change the locks and remove the tenant’s property.

The landlord must take the legally prescribed steps to recover possession.

What Notice Must a Landlord Give Before Evicting a Tenant?

The required notice depends on the nature of the tenancy, the terms of the tenancy agreement and the applicable law.

Under the Lagos State Tenancy Law framework, where the parties have not agreed on a different period, the statutory periods traditionally applicable are:

• Weekly tenancy: one week;
• Monthly tenancy: one month;
• Quarterly or half-yearly tenancy: three months; and
• Yearly tenancy: six months.

The tenancy agreement should always be examined first because the contractual terms can be important in determining the applicable notice.

After the appropriate notice to quit has expired, the landlord may also need to serve the prescribed seven-day notice of intention to recover possession before commencing recovery proceedings.

Therefore, it is incorrect to state that every Lagos tenant must always receive six months’ notice. The applicable period depends on the tenancy and the governing agreement and law.

Does a Landlord Need a Court Order After Serving the Required Notices?

Yes, where the tenant remains in possession and refuses to give up possession.

Serving a notice does not itself physically evict the tenant.

The purpose of the notice is to terminate the tenancy or otherwise put the tenant on notice of the landlord’s intention to recover possession.

If the tenant does not vacate, the landlord must commence the appropriate recovery proceedings.

The court then determines whether possession should be recovered.

This is why a landlord who has served all the correct notices should not take matters into their own hands when the tenant refuses to leave.

The proper response is to commence recovery proceedings.

Can a Landlord Change the Locks After the Tenancy Expires?

A landlord should not change the locks to forcibly exclude a sitting tenant who has not surrendered possession.

The expiration of the tenancy gives the landlord a basis to seek possession, but it does not turn self-help into a lawful method of eviction.

The same principle applies where the tenant is in arrears of rent.

A landlord who is owed rent has legal remedies for recovering the rent and, where appropriate, possession of the premises. Those remedies should be pursued through the applicable legal procedure.

Can a Landlord Disconnect Electricity or Water to Evict a Tenant?

No.

A landlord should not disconnect essential services as a means of forcing a tenant to leave.

The same applies to deliberately damaging the premises or interfering with the tenant’s peaceful enjoyment of the property.

The proposed Lagos State Tenancy and Recovery of Premises Bill 2025 contains particularly explicit provisions against conduct such as cutting off utilities, damaging premises and forcibly ejecting tenants. However, it is important not to confuse that Bill with the law currently in force. The Lagos State Government itself previously clarified that reports claiming that a new tenancy law had already been enacted were false.

Important Update on the Lagos Tenancy Law

There has been considerable confusion about the alleged 2025 amendment to the Lagos Tenancy Law.

In May 2025, the Lagos State Government expressly disowned a widely circulated publication claiming that the Tenancy Law had already been updated. The Government stated that the publication was fabricated.

Later in 2025, the Lagos State Tenancy and Recovery of Premises Bill 2025 emerged as proposed legislation. The Bill proposes substantial changes to the existing framework, including provisions dealing with recovery of premises and unlawful eviction. But a Bill is not the same thing as an enacted law.

Accordingly, this article would not state that the 2025 Bill is presently the governing tenancy law unless and until it has been enacted and commenced.

What If the Tenant Has Not Paid Rent?

A tenant’s failure to pay rent does not give the landlord a licence to use self-help.

The landlord can pursue the remedies available under the applicable law, including recovery of the outstanding rent and possession where the legal requirements are satisfied.

Depending on the circumstances, the landlord can also claim mesne profits for the period during which the tenant remains in possession after the tenancy has been determined.

Can a Landlord Evict a Tenant for Breach of the Tenancy Agreement?

Yes, a breach of the tenancy agreement can provide a basis for seeking possession.

Examples include:

• persistent non-payment of rent;
• unauthorised subletting;
• using residential premises for an unauthorised commercial purpose;
• causing serious damage to the premises;
• conducting unlawful activities on the premises; and
• other material breaches of the tenancy agreement.

However, the existence of a breach does not automatically authorise forcible eviction.

The landlord must still comply with the applicable legal procedure unless the particular circumstances fall within a recognised exception.

Can a Landlord Evict a Tenant Who Has Abandoned the Property Without a Court Order?

This requires a distinction.

Where a tenant has genuinely surrendered possession or abandoned the premises, there is no longer a sitting tenant to evict.

For example, if the tenant has:

• voluntarily moved out;
• removed their belongings;
• returned the keys; and
• clearly surrendered possession,

the landlord does not need to obtain a court order merely to enter premises that the tenant has already voluntarily surrendered.

However, landlords must be careful about assuming that a tenant has abandoned a property.

A tenant’s temporary absence is not necessarily abandonment.

Where there is doubt, the safer course is to obtain legal advice before retaking possession.

What If the Tenant Refuses to Leave After the Notice Expires?

The landlord should commence recovery of premises proceedings.

The landlord should not respond by:

• changing the locks;
• removing the tenant’s belongings;
• disconnecting utilities;
• employing thugs;
• threatening the tenant; or
• physically removing the tenant.

Instead, the landlord should provide the relevant documents to a lawyer and commence the appropriate proceedings.

The court can then determine the landlord’s entitlement to possession.

Can a Tenant Stop an Eviction by Refusing to Accept the Notice?

A tenant cannot defeat a valid notice simply by refusing to accept it.

What matters is whether the notice was properly issued and served in accordance with the applicable law.

The landlord should therefore ensure that the notice is correctly drafted and properly served.

A defective notice can, however, create serious problems for a landlord attempting to recover possession.

This is one reason landlords should have their notices reviewed before service.

What Happens If a Landlord Illegally Evicts a Tenant?

A landlord who uses unlawful self-help can expose themselves to legal liability.

Depending on the circumstances, the tenant can seek appropriate reliefs, which can include:

• an order restoring possession;
• damages;
• an injunction restraining further unlawful interference;
• compensation for damage to property; and
• other appropriate reliefs.

The exact remedies depend on the facts and the applicable law.

A landlord who genuinely has a right to possession can therefore end up facing a separate legal claim because of the manner in which the landlord attempted to exercise that right.

Can the Police Evict a Tenant for a Landlord?

The police should not be used as a substitute for the court’s recovery-of-premises process.

A landlord cannot simply report a tenant to the police as a means of obtaining possession of premises in an ordinary landlord-tenant dispute.

Where there is a genuine criminal allegation, the police have their statutory responsibilities. But a landlord-tenant dispute over possession should not be converted into a criminal process merely to bypass the civil procedure for recovering premises.

Can a Landlord Recover Possession Without a Court Order If the Tenant Agrees to Leave?

Yes, because in that situation the landlord is not forcibly evicting the tenant.

If the tenant voluntarily surrenders possession, there is no dispute requiring a court to order the tenant to leave.

The landlord should nevertheless document the surrender properly.

For example, the parties can document:

• the date possession was surrendered;
• the return of keys;
• the condition of the premises;
• outstanding rent or other liabilities; and
• the treatment of the tenant’s security or other deposit.

Proper documentation helps prevent a subsequent dispute about whether the tenant actually surrendered possession.

What Should a Landlord Do Instead of Using Self-Help?

A landlord seeking possession should follow a structured process.

Step 1: Review the Tenancy Agreement

Determine:

• the type of tenancy;
• duration of the tenancy;
• notice provisions;
• grounds for termination;
• rent obligations; and
• any relevant breach provisions.

Step 2: Determine the Correct Notice

The applicable notice should be determined based on the tenancy, the agreement and the governing law.

Step 3: Serve the Notice Properly

Ensure that the notice is valid and properly served.

Step 4: Serve the Notice of Intention to Recover Possession

Where required, serve the prescribed notice before commencing proceedings.

Step 5: Commence Recovery Proceedings

If the tenant remains in possession, commence proceedings before the court with jurisdiction.

Step 6: Obtain and Enforce the Possession Order

Where the court grants possession, the order should be properly enforced through the lawful enforcement mechanism.

The landlord should not personally enforce the order through force or intimidation.

What Should a Tenant Do If a Landlord Is Trying to Evict Them Without a Court Order?

A tenant facing an attempted self-help eviction should document what is happening.

Keep:

• photographs and videos;
• messages from the landlord;
• notices received;
• evidence of rent payments;
• tenancy agreements;
• evidence of utility disconnection;
• evidence of damage to the premises; and
• details of witnesses.

The tenant should seek legal advice promptly.

Where the landlord is threatening immediate physical eviction, the tenant should avoid confrontation and obtain appropriate legal assistance.

Is the Rule the Same Throughout Nigeria?

No.

Landlord and tenant law is largely governed by applicable state legislation, and the exact procedure for recovery of premises varies from state to state.

Therefore, an article dealing with eviction in Nigeria should not present the detailed notice periods under Lagos law as though they automatically apply in Abuja, Rivers State, Anambra State, Enugu State or every other part of Nigeria.

The safest approach is to identify the state in which the premises are located and apply the relevant tenancy and recovery-of-premises legislation.

Conclusion

A landlord generally cannot lawfully evict a sitting tenant through self-help simply because the landlord is entitled to possession. The landlord must follow the applicable recovery-of-premises procedure and, where the tenant remains in possession, obtain the appropriate court order.

Changing the locks, removing the tenant’s belongings, disconnecting utilities, using force or damaging the premises is not a substitute for obtaining possession through the lawful process.

At the same time, a tenant cannot use possession indefinitely to defeat a landlord’s legitimate claim to recover the property. Where the landlord has a valid right to possession, the proper course is to follow the prescribed legal procedure and obtain the necessary order.

The key distinction is simple: a landlord can have a valid right to possession and still be required to obtain a court order before forcibly recovering possession from a tenant who remains in occupation.

If you are a landlord seeking to recover possession of your property, or a tenant facing an attempted eviction without due process, Lexforte Attorneys can advise you on your legal rights and the appropriate steps to take. Contact Lexforte Attorneys for professional legal assistance in resolving landlord and tenant disputes and recovery of premises matters in Nigeria.