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,
Landlord and Tenant Disputes in Nigeria: Legal Remedies Available to Tenants
Landlord and tenant disputes are common in Nigeria. They can arise over rent increases, eviction, unpaid rent, refusal to renew a tenancy, failure to refund a deposit, unlawful entry, damage to property, utility bills and other disagreements concerning the use or possession of rented premises. Although a landlord owns the property, ownership does not give the landlord an unrestricted right to interfere with a tenant’s lawful possession. A tenant, likewise, is not entitled to remain in possession indefinitely or disregard the terms of the tenancy. The rights and obligations of both parties are determined by the tenancy agreement, applicable legislation and the general principles of landlord and tenant law. Where a dispute cannot be resolved amicably, a tenant has legal remedies available. What Are the Most Common Landlord and Tenant Disputes in Nigeria? Landlord and tenant disputes commonly involve: rent increases; non-payment of rent; eviction and recovery of possession; inadequate or defective premises; refusal to renew a tenancy; disputes over security or caution deposits; unlawful entry into rented premises; harassment or threats by a landlord; disconnection of electricity or water; disputes over service charges; alleged damage to the property; recovery of rent arrears; refusal to accept rent; and disagreements over the terms of the tenancy. The appropriate remedy depends on the nature of the dispute. What Law Governs a Landlord and Tenant Dispute in Nigeria? There is no single landlord and tenant law that governs every tenancy throughout Nigeria. Landlord and tenant matters are substantially regulated by the law applicable in the particular jurisdiction where the property is situated. For example, Lagos State has the Lagos State Tenancy Law 2011, while other states have their own legislation or applicable rules governing tenancy and recovery of premises. The tenancy agreement is also important. Accordingly, before commencing proceedings, a tenant should determine: where the property is located; what legislation applies; whether there is a written tenancy agreement; what the agreement provides; and what exactly the landlord has done or failed to do. Can a Landlord Evict a Tenant Without a Court Order? A landlord cannot simply use self-help to eject a tenant from premises where the law requires judicial recovery of possession. A landlord who wants to recover possession must comply with the applicable legal procedure. Depending on the nature and duration of the tenancy, this can involve the appropriate notice and, where the tenant does not surrender possession, proceedings for recovery of possession. A landlord should not resort to: changing the locks; removing the tenant’s belongings; physically forcing the tenant out; disconnecting essential services to force the tenant to leave; or employing threats or violence. The legal procedure for recovery of premises should be followed. For a detailed explanation, see [Can a Landlord Evict a Tenant Without a Court Order in Nigeria?]. What Can a Tenant Do If the Landlord Attempts an Illegal Eviction? A tenant facing an attempted unlawful eviction should document what is happening and obtain legal advice promptly. The tenant should preserve: photographs and videos; messages from the landlord; letters and notices; evidence of threats; evidence of damage to property; rent payment records; and witness details. Where appropriate, the tenant can seek judicial relief to protect the tenant’s possession or pursue a claim arising from the landlord’s unlawful conduct. The precise remedy depends on the facts. Can a Tenant Challenge an Excessive Rent Increase? Yes. A landlord can propose a new rent, but the legality of an increase depends on the existing tenancy, the tenancy agreement and the applicable law. In Lagos State, Section 37 of the Lagos State Tenancy Law 2011 provides an existing tenant with a statutory procedure for challenging an increase considered unreasonable. The court can consider factors including the general level of rents in the locality, evidence presented by the parties and special circumstances relating to the premises. For more information, see [Can a Tenant Refuse a Rent Increase in Nigeria?]. What If the Landlord Increases Rent During an Existing Fixed Tenancy? A fixed-term tenancy and a new tenancy after expiration should be distinguished. Where a tenant has entered into a fixed-term tenancy at an agreed rent, the landlord cannot ordinarily change the agreed rent during the fixed term contrary to the tenancy agreement. The position can be different where the agreement contains a valid rent review clause. A tenant should therefore examine the tenancy agreement before deciding whether an increase is legally enforceable. What If a Landlord Refuses to Renew the Tenancy? A tenant does not automatically acquire a right to renew every tenancy simply because the tenant has occupied the property for a long period or has consistently paid rent. The position depends on the tenancy agreement, any contractual option to renew and the circumstances surrounding the tenancy. Where there is no written tenancy agreement, the tenancy can still be express or implied. However, an implied tenancy is not the same thing as an automatic implied right of renewal. Where a landlord refuses to renew, the tenant should establish whether there is a contractual or other legal basis for requiring renewal. See [What to Do When a Landlord Refuses to Renew a Tenancy Agreement in Nigeria] for a detailed discussion. What If There Is No Written Tenancy Agreement? The absence of a written agreement does not mean that the tenant has no legal protection. For example, Section 3 of the Lagos State Tenancy Law 2011 recognises tenancy agreements that are express or implied, oral or written, or partly oral and partly written. A tenancy can therefore be established through: oral agreement; payment of rent; possession; receipts; correspondence; conduct of the parties; and other evidence establishing the tenancy. A tenant should therefore preserve evidence of the tenancy even where no formal document was executed. Can a Tenant Sue a Landlord for Refusing to Refund a Security Deposit? Yes, where the tenant has an established entitlement to the money. The first question is whether the payment was actually a refundable security or caution deposit and what the tenancy agreement says about it. A
How to Recover Your Rent Deposit from a Landlord in Nigeria
Many tenants in Nigeria pay a caution fee, security deposit or other form of deposit when taking possession of a rented property. The money is usually intended to protect the landlord against damage to the property, unpaid bills or other obligations of the tenant. The problem often arises when the tenancy ends and the landlord refuses to return the deposit. A tenant may hear statements such as: “The money is not refundable.” “It is part of the rent.” “You damaged the property.” “I will refund it when I am ready.” “The previous tenant never got theirs back.” Whether the landlord is entitled to retain the money depends on the nature of the payment, the tenancy agreement, the reason for the deduction, etc. A tenant who is entitled to a refund does not have to simply abandon the money. There are practical and legal steps that can be taken to recover it. What Is a Rent Deposit? The expression “rent deposit” is often used loosely in Nigeria to describe different payments made by a tenant. It is therefore important to establish exactly what the tenant paid. A payment described as a caution fee or security deposit is different from rent paid in advance. Caution Fee or Security Deposit A caution fee or security deposit is generally money held as security against specified obligations of the tenant. Depending on the agreement, it can be used to cover matters such as: damage caused by the tenant; unpaid utility bills; outstanding obligations under the tenancy agreement; missing items belonging to the landlord; or other losses expressly covered by the agreement. It is not ordinarily the same thing as rent. Rent Paid in Advance Rent paid in advance is consideration for the tenant’s occupation of the premises for the agreed rental period. It should not automatically be described as a security deposit. For example, if a tenant pays ₦2 million as one year’s rent, that ₦2 million is rent. If the tenant separately pays ₦200,000 as a caution fee, the ₦200,000 has a different legal character. This distinction becomes important when the tenancy ends. Is a Caution Fee Refundable in Nigeria? Generally, where a payment was genuinely made as a security or caution deposit, it is refundable subject to legitimate deductions authorised by the tenancy agreement or otherwise legally recoverable from the tenant. The landlord is not entitled to simply convert a security deposit into additional income because the tenancy has ended. The precise entitlement, however, depends on the agreement and the circumstances. The safest approach is to examine the document or receipt describing the payment. If the tenancy agreement expressly states that the caution fee is refundable at the end of the tenancy, subject to specified deductions, the tenant has a clear contractual basis for demanding its return. If the agreement is silent, the nature and purpose of the payment, the parties’ conduct and the surrounding circumstances become important. Can a Landlord Keep the Entire Deposit? Not simply because the tenant has vacated. A landlord who intends to retain all or part of a security deposit should have a legitimate basis for doing so. For example, the landlord can have grounds to deduct the reasonable cost of repairing damage actually caused by the tenant where the tenant is contractually responsible for that damage. The landlord should not treat ordinary deterioration resulting from normal use as though it were automatically compensable damage. The question is whether there is a legitimate loss for which the tenant is responsible. What Can a Landlord Deduct from a Security Deposit? The answer depends on the tenancy agreement and the applicable law. Common legitimate deductions can include: the reasonable cost of repairing damage caused by the tenant; unpaid utility bills attributable to the tenant; unpaid rent or other sums contractually owed; the cost of replacing missing items belonging to the landlord; and other amounts which the tenancy agreement validly permits the landlord to deduct. The landlord should be able to explain the basis of the deduction. A tenant should therefore ask the landlord for a breakdown where the landlord refuses to refund the entire deposit. Can a Landlord Deduct Money for Ordinary Wear and Tear? Ordinary wear and tear is different from damage caused by the tenant. A property naturally deteriorates through ordinary occupation. Examples can include: minor marks on walls; ordinary fading of paint; normal deterioration of fittings through age; reasonable wear to flooring; and other deterioration resulting from ordinary use. A landlord should not automatically charge the tenant for every change in the condition of the property. Where the landlord claims that the tenant caused damage, the tenant should request evidence of the alleged damage and the cost of rectification. What If the Landlord Says the Deposit Is Non-Refundable? The first question is: What exactly did the tenant agree to pay? The word “fee” alone does not necessarily determine the legal character of a payment. If the payment was expressly described in the tenancy agreement as a non-refundable fee, it must be distinguished from a payment expressly described as a refundable caution or security deposit. The court will look at the agreement and the circumstances surrounding the payment. A tenant should therefore not assume that every payment called a “caution fee” is automatically refundable without examining the agreement. Conversely, a landlord should not simply label a genuine security deposit “non-refundable” after receiving it if that is inconsistent with the parties’ agreement. What If There Is No Written Tenancy Agreement? The absence of a written tenancy agreement does not necessarily prevent a tenant from recovering a deposit. The tenant can rely on other evidence showing: that the money was paid; the amount paid; who received it; the purpose for which it was paid; the condition of the property; the circumstances in which the tenancy ended; and any agreement concerning repayment. Evidence can include: bank transfer records; receipts; WhatsApp messages; text messages; emails; photographs; videos; witness testimony; and communications with the landlord or agent. This is another reason why
Can a Tenant Refuse a Rent Increase in Nigeria?
A rent increase can put a tenant in a difficult position, particularly where the landlord proposes a substantial increase shortly before the tenancy is due for renewal. This raises an important question: Can a tenant refuse a rent increase in Nigeria? The answer depends on whether the increase is being proposed during an existing tenancy or in connection with a new tenancy, what the tenancy agreement provides, and the law applicable to the property. In Lagos State, the Tenancy Law 2011 provides a specific remedy for an existing tenant who considers an increase in rent unreasonable. Under Section 37, the tenant can apply to court for an order declaring the increase unreasonable, subject to the terms of the tenancy agreement. The court considers factors including the general level of rents in the locality or a similar locality, evidence from the parties and any special circumstances relating to the premises. A tenant therefore should not simply assume that every rent increase must be accepted, but neither should a tenant assume that every increase is automatically unlawful. Can a Landlord Increase Rent in Nigeria? Generally, a landlord can propose an increase in rent, subject to the terms of the existing tenancy agreement and any applicable law regulating the tenancy. The important question is when and how the increase is being imposed. A landlord cannot simply treat an existing tenancy as though it were a new tenancy and demand a different rent in the middle of an agreed fixed term unless the tenancy agreement or applicable law permits the increase. For example, if a tenant has paid ₦2 million for a one-year fixed tenancy running from January to December, the landlord cannot ordinarily announce in June that the rent has increased to ₦3 million and demand the additional ₦1 million immediately, unless there is a contractual or legal basis for doing so. The position is different when the existing tenancy is coming to an end and the landlord proposes a new rent for a new tenancy. Can a Tenant Refuse to Pay the Increased Rent? Yes, a tenant can refuse to accept the proposed increase. But the legal consequences depend on the circumstances. A tenant’s refusal does not automatically mean that the landlord has committed an offence or that the tenant has acquired an indefinite right to remain in the property at the old rent. If the existing tenancy has expired and there is no contractual right to renewal at the previous rent, the landlord can decide not to grant another tenancy at that rent. On the other hand, where the increase is imposed during an existing tenancy contrary to the tenancy agreement, or where the applicable law gives the tenant a right to challenge an unreasonable increase, the tenant has stronger grounds to contest it. Can a Landlord Increase Rent During an Existing Tenancy? The answer depends primarily on the tenancy agreement. If the agreement is for a fixed term at a specified rent and contains no rent review provision, the landlord ordinarily cannot unilaterally rewrite the agreement and impose a new rent before the agreed term expires. For example, if the agreement provides for a fixed annual rent of ₦2 million for a two-year term, the landlord cannot ordinarily increase the rent to ₦3 million after the first six months simply because property values have increased. However, some tenancy agreements contain rent review clauses. Where a valid rent review clause exists, the landlord’s right to increase the rent must be exercised in accordance with the clause. The tenant should therefore read the agreement before deciding whether an increase is lawful. What If the Rent Increase Is Proposed When the Tenancy Is Being Renewed? This is different from increasing rent during an existing fixed term. At the end of a fixed tenancy, the landlord and tenant can negotiate the terms of a new tenancy, including the rent. If the tenant has no contractual right to renew at the old rent, the landlord can generally propose a new rent as a condition for entering into a fresh tenancy. The tenant can reject the proposed rent. However, rejecting the new rent does not necessarily give the tenant a right to remain indefinitely at the old rent. The tenant must consider whether: the existing tenancy has expired; there is an option to renew; the renewal clause specifies how rent is to be determined; the landlord has validly determined the tenancy; and the landlord has complied with the applicable recovery-of-premises procedure. This is why a dispute about a rent increase at renewal can sometimes become a renewal and possession dispute, rather than simply a rent dispute. Can a Tenant Challenge an Unreasonable Rent Increase in Lagos? Yes. This is expressly provided for by Section 37 of the Lagos State Tenancy Law 2011. Section 37(1) provides that, subject to any agreement to the contrary, an existing tenant can apply to court for an order declaring that an increase in rent payable under the tenancy agreement is unreasonable. This is an important statutory protection. It means that where an existing tenant considers a proposed increase unreasonable, the tenant does not have to rely solely on negotiation with the landlord. The tenant can seek judicial determination of the reasonableness of the increase. What Does the Court Consider When Determining Whether Rent Is Unreasonable? Section 37(2) of the Lagos State Tenancy Law identifies factors the court is to consider. These include: 1. The General Level of Rent in the Locality The court can consider what comparable properties in the same locality are being rented for. This is important because a landlord cannot establish that an increase is reasonable merely by asserting that the property has become more valuable. Evidence of comparable rents can assist the court in determining whether the proposed rent is excessive. 2. Evidence of the Parties The court can consider evidence presented by both the landlord and tenant. This can include evidence relating to the property, the existing rent, the proposed increase and comparable rental values.
How Much Notice Must a Landlord Give a Tenant in Nigeria?
One of the most common questions in landlord and tenant disputes in Nigeria is: how much notice must a landlord give a tenant before asking the tenant to leave? There is no single notice period that applies to every tenancy in Nigeria. The required notice depends principally on the type of tenancy, the terms of the tenancy agreement and the law applicable in the state where the property is located. For example, under the Lagos State Tenancy Law 2011, where the tenancy agreement does not stipulate the period of notice required to determine the tenancy, the statutory periods are one week for a tenant at will, one month for a monthly tenant, three months for a quarterly tenant, three months for a half-yearly tenant and six months for a yearly tenant. However, these statutory periods should not be applied mechanically. The first document a landlord should examine is the tenancy agreement. Is There a Uniform Notice Period for Tenants in Nigeria? No. Landlord and tenant law is not governed by one uniform notice period applicable throughout Nigeria. Different states have different legislation governing the recovery of premises, and the applicable procedure also depends on the nature of the tenancy. Consequently, a landlord in Lagos should not automatically apply the notice period applicable in Abuja, Rivers State, Anambra State or another jurisdiction. The location of the property must first be established. How Much Notice Must a Landlord Give in Lagos State? For premises to which the Lagos State Tenancy Law 2011 applies, Section 13(1) provides the following statutory periods where there is no stipulation as to the notice to be given by either party: Type of tenancy Statutory notice Tenant at will 1 week Monthly tenancy 1 month Quarterly tenancy 3 months Half-yearly tenancy 3 months Yearly tenancy 6 months These are default periods. They apply where the tenancy agreement does not stipulate the notice required to determine the tenancy. This is an important point because it is often incorrectly stated that every yearly tenant in Lagos is automatically entitled to six months’ notice. The correct position is more nuanced: six months is the statutory default where the agreement does not stipulate a different period. Does the Tenancy Agreement Determine the Notice Period? Yes, subject to the applicable law. Section 13(1) of the Lagos State Tenancy Law expressly begins with the words “where there is no stipulation” as to the notice to be given. Therefore, where the parties have validly agreed on the notice period in their tenancy agreement, that contractual provision is important in determining the period required to terminate the tenancy. For example, if a tenancy agreement provides that either party must give three months’ notice to terminate the tenancy, the landlord should not simply assume that six months’ notice is required because the tenant pays rent yearly. The agreement must first be examined. Why the Tenancy Agreement Matters Two tenants paying rent yearly can therefore potentially be subject to different notice provisions where their tenancy agreements contain different termination clauses. For this reason, landlords should not issue a notice to quit merely by relying on the period for which rent is paid. The agreement should be reviewed first. How Much Notice Must a Monthly Tenant Receive? Where the Lagos State Tenancy Law applies and the tenancy agreement does not stipulate a different period, a monthly tenant is entitled to one month’s notice. For example, if the tenancy is monthly and there is no contractual provision dealing with notice, the landlord cannot simply give the tenant seven days to vacate. The statutory period is one month. How Much Notice Must a Quarterly Tenant Receive? A quarterly tenant is entitled to three months’ notice where the tenancy agreement is silent on the period of notice. The same statutory period applies to a half-yearly tenant under Section 13(1) of the Lagos State Tenancy Law 2011. How Much Notice Must a Yearly Tenant Receive? Where the Lagos State Tenancy Law applies and the tenancy agreement does not provide otherwise, a yearly tenant is entitled to six months’ notice. This is the source of the commonly quoted rule that a landlord must give a yearly tenant six months’ notice. However, it is important to emphasise that the six-month period is the statutory default under Section 13(1)(e). It should not be presented as an absolute rule applying regardless of the tenancy agreement. How Much Notice Must a Tenant at Will Receive? Where the Lagos State Tenancy Law applies and there is no stipulation as to notice, a tenant at will is entitled to one week’s notice under Section 13(1)(a). A tenancy at will is different from a monthly or yearly tenancy. The nature of the tenancy should therefore be properly established before determining the notice required. What If the Tenancy Is for a Fixed Term? A fixed-term tenancy is treated differently. Where a tenancy is for a specified fixed period, the tenancy ordinarily comes to an end by effluxion of time when the agreed term expires. Under Section 13(5) of the Lagos State Tenancy Law 2011, no notice to quit is required once a fixed-term tenancy has been determined by effluxion of time. However, where the landlord intends to go to court to recover possession after the fixed term has expired, the landlord must serve the required seven-day written notice of intention to apply to recover possession. This distinction is extremely important. Example Suppose a tenant is granted a one-year fixed tenancy from 1 January 2026 to 31 December 2026. If the tenancy expires on 31 December 2026 by effluxion of time, the landlord does not have to serve a six-month notice to quit merely to bring the fixed term to an end. If the tenant remains in possession after the expiry of the fixed term and the landlord intends to commence proceedings for possession, the statutory procedure applicable to recovery of premises must then be followed, including the requisite seven-day notice of intention to recover possession. What Is the Difference Between a