A landlord who wants a tenant to vacate rented premises cannot simply take the law into their own hands.
The fact that the landlord owns the property does not dispense with the legal procedure for recovering possession from a tenant who is entitled to remain in possession.
Where a tenancy has expired, rent remains unpaid, the tenant has breached the tenancy agreement or another lawful basis for termination exists, the landlord must follow the applicable procedure for recovery of premises.
Failure to comply with the required procedure can delay possession and expose the landlord to unnecessary legal disputes.
This article explains the essential steps a landlord should understand before commencing proceedings to recover possession of rented premises in Nigeria.
What Does Recovery of Premises Mean?
Recovery of premises is the legal process through which a landlord seeks to regain possession of property occupied by a tenant.
The process is different from simply asking a tenant to leave.
Where a tenant voluntarily surrenders possession, there is no need for contentious recovery proceedings. The difficulty arises where the tenant remains in possession despite the tenancy having lawfully come to an end.
In such a situation, the landlord must use the procedure prescribed by the applicable law.
Can a Landlord Recover Possession From a Tenant?
Yes.
A landlord is entitled to recover possession when the tenancy has lawfully determined and the landlord has complied with the applicable statutory and contractual requirements.
Depending on the circumstances, the basis for recovery can include:
- expiration of the tenancy;
- failure to pay rent;
- breach of the tenancy agreement;
- use of the premises for an unlawful purpose;
- unauthorised subletting;
- persistent nuisance;
- substantial damage to the premises; or
- another recognised ground for termination.
However, the landlord must establish the legal basis for recovery and follow the appropriate procedure.
Does a Landlord Need to Give Notice Before Recovering Possession?
In many cases, yes.
The precise notice required depends on the nature of the tenancy, the terms of the agreement and the applicable legislation.
A landlord should not assume that because rent has expired the tenant can immediately be physically removed.
The applicable law can require a notice to quit or other statutory notice before proceedings for possession can properly be commenced.
This is why the landlord must first establish the type of tenancy involved.
What Is a Notice to Quit?
A notice to quit is a notice informing a tenant that the landlord intends to terminate the tenancy and requires the tenant to surrender possession.
The length of the notice depends on the type of tenancy and the applicable law.
The tenancy agreement can also be relevant where it contains provisions concerning termination.
The notice must comply with the applicable legal requirements.
A defective notice can create procedural problems and potentially result in the landlord’s claim failing.
Is a Notice to Quit Always Required?
Not in every situation.
The requirement depends on the nature of the tenancy and the circumstances in which possession is being sought.
For example, where a fixed-term tenancy has expired by effluxion of time, the legal position concerning notice can differ from a situation where the landlord seeks to terminate a periodic tenancy before its natural expiration.
There are also circumstances in which the law permits recovery proceedings without the ordinary notice to quit.
The landlord should therefore obtain advice on the particular tenancy rather than using the same notice for every tenant.
What Is a Notice of Owner’s Intention to Recover Possession?
A landlord may also be required to serve a notice informing the tenant of the landlord’s intention to commence proceedings to recover possession.
This is distinct from the notice to quit.
The precise terminology and requirements depend on the applicable recovery of premises legislation.
For example, under the Lagos State Tenancy Law 2011, where a tenancy has been determined and the tenant remains in possession, the landlord is required to serve the appropriate statutory notice before commencing proceedings for recovery of possession.
The landlord should therefore ensure that the correct notice is prepared and served in accordance with the applicable law.
What Happens If the Tenant Refuses to Leave?
If the tenancy has lawfully ended and the tenant refuses to surrender possession, the landlord can commence proceedings for recovery of possession.
The landlord should not:
- change the locks;
- remove the tenant’s belongings;
- disconnect utilities to force the tenant out;
- physically eject the tenant;
- threaten the tenant; or
- employ other forms of self-help.
The appropriate course is to commence the necessary legal proceedings.
See Can a Landlord Evict a Tenant Without a Court Order in Nigeria? for a detailed discussion of unlawful eviction and self-help.
What Court Handles Recovery of Premises?
The appropriate court depends on the location of the property, rental value, the applicable law and the nature of the claim.
The Magistrate Court and the High Court of the State the property is located are usually the courts with jurisdiction depending on the value of the rent.
A landlord should establish the proper court before commencing proceedings rather than assuming that any court can hear the claim.
The applicable state legislation and procedural rules should be examined before filing.
What Should a Landlord Claim in a Recovery of Premises Action?
The reliefs depend on the circumstances of the case.
A landlord can seek appropriate orders relating to:
- recovery of possession;
- arrears of rent;
- mesne profits;
- damages where legally recoverable;
- costs; and
- other appropriate reliefs.
The landlord should plead and prove each claim separately.
Can a Landlord Recover Rent and Possession in the Same Case?
Yes.
A landlord does not have to choose between recovering possession and recovering money properly due from the tenant.
Where the tenant remains in possession after the tenancy has determined, the landlord can claim mesne profits for the period during which the tenant wrongfully remains in possession.
Mesne profits are essentially compensation for the loss of the landlord’s use and occupation of the premises during the period of wrongful possession.
The landlord can therefore, where properly established, seek both:
- possession of the premises; and
- the monetary amount due for the tenant’s continued occupation.
The precise amount recoverable must, however, be properly pleaded and proved.
What Are Mesne Profits?
Mesne profits are damages for wrongful occupation of premises after the tenant’s lawful right to possession has ended.
They should not simply be confused with rent.
Rent is payable pursuant to the tenancy.
Mesne profits arise from the tenant’s continued occupation after the right to possession has determined.
For example, if a tenancy expires on 31 December and the tenant remains in possession without a legal right to do so, the landlord can, subject to the circumstances and applicable law, claim mesne profits for the period of continued occupation.
Can a Landlord Recover Outstanding Rent?
Yes, where the landlord establishes that rent is due and unpaid.
The landlord should maintain proper records of:
- the agreed rent;
- payment dates;
- amounts paid;
- outstanding balances;
- receipts;
- bank transfers; and
- communications concerning the arrears.
A landlord should avoid relying solely on an allegation that the tenant owes rent.
The amount claimed should be capable of being established by evidence.
What Evidence Should a Landlord Keep?
A landlord should maintain a complete tenancy file.
Important documents include:
Tenancy Documents
- tenancy agreement;
- renewal agreements;
- inventory;
- rent receipts;
- notices;
- correspondence; and
- any written variation of the tenancy.
Payment Records
Keep:
- bank statements;
- transfer receipts;
- payment acknowledgements;
- rent schedules; and
- records of outstanding balances.
Property Records
Keep:
- photographs;
- inspection reports;
- repair records;
- inventories; and
- evidence of damage.
Communication With the Tenant
Preserve:
- WhatsApp messages;
- emails;
- letters;
- text messages; and
- other relevant correspondence.
Good record-keeping can make a substantial difference when possession proceedings become necessary.
What If the Tenant Has Damaged the Property?
Damage to rented premises can constitute a breach of the tenancy agreement and can provide a basis for appropriate relief depending on the circumstances.
The landlord should document:
- the condition of the property before the tenancy;
- the condition during the tenancy;
- the alleged damage;
- the cost of repair; and
- evidence connecting the tenant to the damage.
The landlord should distinguish between actual damage and ordinary wear and tear.
A landlord should not automatically treat every deterioration in a property as damage caused by the tenant.
What If the Tenant Stops Paying Rent?
Non-payment of rent is one of the common reasons landlords seek recovery of premises.
The landlord should first establish:
- how much rent is outstanding;
- when it became due;
- whether the tenancy is still subsisting;
- whether any rent has been paid;
- whether the tenant disputes the amount; and
- what notices are required under the applicable law.
The landlord should then follow the appropriate legal procedure.
The landlord should not resort to self-help simply because rent is unpaid.
Can a Landlord Recover Possession After the Tenancy Expires?
Yes.
Once a fixed-term tenancy expires, the landlord can recover possession in accordance with the applicable law if the tenant does not voluntarily vacate.
However, the expiration of the tenancy does not necessarily mean that the landlord can physically eject the tenant immediately.
Where the tenant remains in possession, the landlord must follow the applicable recovery procedure.
What If the Tenant Remains After Receiving Notice?
Where a tenant remains after a valid notice has expired, the landlord can take the next procedural step required by law.
The landlord should ensure that:
- the notice was valid;
- it was properly served;
- the relevant period has expired; and
- all other statutory requirements have been satisfied.
If these requirements are met, proceedings for recovery of possession can be commenced where necessary.
Can a Landlord Accept Rent After Serving a Notice?
This requires particular caution.
A landlord should obtain legal advice before accepting further rent after taking steps to terminate the tenancy.
Depending on the circumstances, accepting rent can create arguments concerning the continuation or recognition of the tenancy.
The legal consequences depend on the nature of the payment, the period it covers, the communication between the parties and the applicable law.
A landlord should therefore avoid taking actions that contradict the position being advanced in the recovery proceedings.
What If the Tenant Claims There Is a Valid Renewal?
The landlord should examine the tenancy agreement.
A tenant cannot establish a contractual right to renewal merely by asserting that the tenancy has previously been renewed.
The question is whether the agreement contains a valid renewal provision or whether the circumstances otherwise create a legally enforceable right.
Where there is no written agreement, the parties’ conduct and other evidence can become important.
See What to Do When a Landlord Refuses to Renew a Tenancy Agreement in Nigeria for the corresponding tenant-side issues.
What If There Is No Written Tenancy Agreement?
A landlord can still establish a tenancy without a formal written agreement.
A tenancy can arise from an oral agreement and the conduct of the parties.
Evidence can include:
- payment of rent;
- receipts;
- possession;
- correspondence;
- witnesses;
- utility records; and
- other evidence showing the landlord-tenant relationship.
The absence of a written agreement therefore does not automatically prevent recovery proceedings.
However, it can make certain issues more difficult to prove.
Can a Landlord Recover Possession for Breach of the Tenancy Agreement?
Yes, where the tenant’s conduct amounts to a breach that gives the landlord a legal right to terminate the tenancy or recover possession.
Examples can include:
- unauthorised subletting;
- using the premises for an unlawful purpose;
- causing substantial damage;
- persistent nuisance;
- materially violating an express tenancy condition; or
- other contractual breaches.
The landlord must establish the breach and comply with the applicable termination and recovery procedure.
Can a Landlord Recover Possession Because the Tenant Uses the Property for an Unlawful Purpose?
An unlawful use of rented premises can constitute a serious breach of the tenancy and can justify legal action.
The landlord should, however, avoid making unsupported allegations.
Where the landlord relies on unlawful use as a ground for recovery, the evidence supporting that allegation should be properly established.
Where the conduct also constitutes a criminal offence, the landlord should distinguish between the criminal process and the civil proceedings for recovery of possession.
Can a Landlord Use the Police to Evict a Tenant?
The police are not a substitute for the civil procedure for recovery of premises.
A landlord should not use the police to physically eject a tenant merely because the landlord claims that the tenancy has ended.
Where there is suspected criminal conduct, the police can exercise their lawful functions concerning the criminal aspect.
But a landlord seeking possession should follow the appropriate civil procedure.
How Long Does Recovery of Premises Take?
There is no single period applicable to every recovery of premises case.
The duration depends on:
- the court;
- the applicable procedural rules;
- whether the tenant contests the claim;
- service of processes;
- interlocutory applications;
- adjournments;
- availability of witnesses;
- appeals; and
- other procedural circumstances.
A landlord should therefore avoid promises of a guaranteed timeframe.
Can a Landlord Settle With the Tenant Before Judgment?
Yes.
Settlement is available where both parties are willing to resolve the dispute.
A settlement can provide for:
- a date for vacant possession;
- payment of rent arrears;
- payment of mesne profits;
- settlement of utility bills;
- repairs;
- waiver of certain claims;
- payment by instalments; or
- other agreed terms.
A properly documented settlement can save both parties the cost and delay associated with prolonged litigation.
What Should a Landlord Do Before Filing a Recovery Action?
A landlord should take the following steps:
- Review the tenancy agreement.
- Determine the nature of the tenancy.
- Establish the legal basis for termination.
- Calculate outstanding rent and other sums due.
- Identify the applicable law.
- Serve the appropriate notice.
- Ensure proper service of all notices.
- Allow the prescribed periods to expire.
- Gather documentary and other evidence.
- Commence proceedings in the appropriate court where the tenant refuses to surrender possession.
The landlord should ensure that the procedure is correct before filing.
A procedural defect can cause unnecessary delay.
Common Mistakes Landlords Make
Changing the Locks
A landlord should not assume that ownership permits the immediate changing of locks while the tenant remains in lawful possession.
Removing the Tenant’s Belongings
Removing a tenant’s property without following the appropriate legal process can create additional liability.
Disconnecting Utilities
Cutting off electricity or water to force a tenant to leave can escalate the dispute and expose the landlord to legal consequences.
Using Threats or Violence
Threats and violence are never substitutes for lawful recovery proceedings.
Using the Wrong Notice
A notice that does not comply with the applicable law can undermine the recovery action.
Filing in the Wrong Court
Jurisdiction must be established before proceedings are commenced.
Failing to Prove Rent Arrears
A landlord should maintain proper financial records rather than relying on unsupported allegations.
Treating Every Tenant as Having the Same Notice Period
The required notice depends on the nature of the tenancy and the applicable law.
Recovery of Premises in Lagos State
Landlords in Lagos should pay particular attention to the Lagos State Tenancy Law 2011 and the applicable procedural rules.
The Law contains provisions concerning tenancy agreements, termination, notices and recovery of possession.
However, the application of the Law is not universal to every premises in Lagos. The Law contains exclusions that must be considered when determining whether its provisions apply to a particular property.
Lagos landlords should therefore not use a generic notice without first establishing that the notice complies with the law applicable to the particular premises.
Does the 2025 Lagos Tenancy Amendment Change the Procedure?
Landlords should distinguish between legislation actually in force and a bill or proposed amendment.
The Lagos State Ministry of Justice announced legislative proposals concerning tenancy and recovery of premises in 2025. A landlord should verify the current operative legislation before relying on any provision said to have been introduced by a proposed amendment.
The safest approach is to obtain current legal advice before commencing recovery proceedings, particularly where the matter concerns a recent legislative development.
Why Landlords Should Obtain Legal Advice Before Serving Notice
Recovery of premises is a procedural area of law.
A landlord can have an excellent substantive case and still encounter serious difficulties because of a defective notice or improper procedure.
Before serving a notice, a landlord should establish:
- the type of tenancy;
- the date the tenancy commenced;
- the date it expires or became determinable;
- the rent payable;
- the applicable notice period;
- the appropriate statutory notice;
- the proper method of service; and
- the appropriate court and procedure.
Obtaining legal advice at this stage can prevent avoidable mistakes.
Conclusion
A landlord has a legal right to recover possession of premises when the tenancy has lawfully determined and the landlord satisfies the applicable legal requirements.
However, ownership of property does not authorise self-help eviction.
The proper approach is to identify the legal basis for recovery, serve the required notices, allow the prescribed periods to expire and commence proceedings where the tenant refuses to surrender possession.
A landlord can also pursue appropriate monetary claims, including outstanding rent and, where the tenant remains in possession after the tenancy has determined, mesne profits.
The most important lesson for landlords is simple: follow the correct procedure from the beginning. A defective notice, wrong court or improper method of recovery can turn an otherwise straightforward possession dispute into prolonged litigation.
If you are a landlord seeking to recover possession of your property, Lexforte Attorneys can review the tenancy, determine the appropriate legal procedure, prepare the necessary notices and advise you on the recovery proceedings. Contact Lexforte Attorneys for professional assistance with recovery of premises, rent arrears and landlord and tenant disputes in Nigeria.