Rent is one of the most important obligations of a tenant. When a tenant stops paying rent, the situation can quickly become stressful for a landlord, particularly where the outstanding rent continues to accumulate while the tenant remains in possession of the property. However, a landlord should not resort to threats, force, or self-help simply because rent is unpaid. There are lawful steps that can be taken to recover outstanding rent and, where appropriate, recover possession of the property. This article explains what to do when a tenant stops paying rent in Nigeria, the options available to landlords, and some common mistakes to avoid. What Should a Landlord Do When a Tenant Stops Paying Rent? When rent becomes outstanding, a landlord should first establish exactly what is owed and review the tenancy agreement before taking further action. The appropriate response may include: Confirming the rent arrears. Communicating with the tenant. Reviewing the tenancy agreement. Making a formal demand for payment. Negotiating a repayment arrangement where appropriate. Taking the appropriate legal steps if the tenant refuses to pay. Considering recovery of possession where legally justified. The correct approach depends on the circumstances of the tenancy and the applicable law. Step 1: Confirm the Rent Arrears Before making a demand, the landlord should establish the exact amount outstanding. Check: The agreed rent. The date the rent became due. Previous payments. Any part payments. Receipts issued. Bank transfers. Other charges properly payable under the tenancy agreement. Maintaining accurate records can prevent disagreements about the amount owed. Step 2: Review the Tenancy Agreement The tenancy agreement should be carefully examined to determine the tenant’s obligations and the landlord’s rights. Pay attention to provisions dealing with: Rent payment. Due dates. Default. Termination. Notice. Renewal. Service charges. Repairs and maintenance. Dispute resolution. The agreement may contain provisions that affect the steps the landlord should take. Step 3: Communicate With the Tenant Before immediately commencing legal proceedings, the landlord may contact the tenant to determine why the rent has not been paid. There may be a temporary financial difficulty, a misunderstanding about the amount due, or another issue that can be resolved without litigation. Where the tenant genuinely intends to pay, the parties may agree on a reasonable repayment arrangement. Any repayment arrangement should preferably be documented in writing. Step 4: Make a Formal Demand for Payment If informal discussions do not resolve the problem, the landlord may make a formal demand for the outstanding rent. A demand should clearly state: The amount outstanding. The period for which rent is unpaid. The basis of the claim. The deadline for payment. The consequences of failing to pay. In appropriate circumstances, a lawyer may issue a formal demand letter on behalf of the landlord. A formal demand can demonstrate that the landlord gave the tenant an opportunity to resolve the arrears before taking further action. Step 5: Consider a Repayment Arrangement Not every rent dispute needs to end in litigation. If the tenant is temporarily unable to pay the entire amount, the landlord may consider negotiating a repayment plan. For example, the parties may agree that the tenant will: Pay an initial amount immediately. Pay the balance in instalments. Continue paying current rent as it falls due. Vacate the property by an agreed date, where appropriate. Any agreement should clearly record the terms agreed by both parties. What If the Tenant Still Refuses to Pay? If the tenant continues to refuse payment, the landlord may need to consider legal action. This usually involves pursuing recovery of the outstanding rent and seeking recovery of possession. Can a Landlord Lock Out a Tenant for Non-Payment of Rent? A landlord should be extremely cautious about taking unilateral steps to force a tenant out. Changing the locks, removing the tenant’s belongings, disconnecting essential services, or using force may expose the landlord to legal consequences. The fact that rent is outstanding does not automatically give a landlord the right to use self-help to recover possession. Where possession is required, the landlord should follow the applicable legal procedure. For a detailed explanation of the process for recovering possession, see our guide on [How to Legally Evict a Tenant in Nigeria]. Can a Landlord Recover Both Rent and Possession? Yes. A landlord can claim both outstanding rent and recovery of possession from a tenant who has defaulted, where the relevant legal requirements are satisfied. However, it is important to distinguish between rent arrears and mesne profits. Rent Arrears Rent arrears are amounts of rent that became due and payable during the subsistence of the tenancy but remain unpaid by the tenant. For example, if a tenant was required to pay ₦2,000,000 annually and failed to pay the rent when it fell due, the unpaid amount constitutes rent arrears. Mesne Profits Mesne profits are generally the compensation payable for the use and occupation of premises after the tenant’s lawful right to remain in possession has come to an end. Once the tenancy has been properly determined but the tenant remains in possession, the landlord may seek mesne profits for the period of such wrongful occupation until possession is recovered, subject to the applicable law and proof required. Therefore, where a tenant remains in possession after the lawful termination of the tenancy, the landlord’s claim may include: Recovery of possession; Outstanding rent that accrued during the tenancy; and Mesne profits for the period of unlawful occupation after the tenancy has ended. The distinction is important because rent and mesne profits relate to different periods of occupation and should not simply be treated as interchangeable terms. A landlord seeking to recover both possession and money from a defaulting tenant should ensure that the appropriate claims and reliefs are properly pleaded and supported by evidence. What Evidence Should a Landlord Keep? A landlord dealing with rent arrears should preserve all relevant evidence. This may include: The tenancy agreement. Rent receipts. Bank statements. Transfer confirmations. Messages exchanged with the tenant. Formal demands. Records of previous payments. Any written acknowledgement of
How to Legally Evict a Tenant in Nigeria
Owning rental property can be a rewarding investment, but disputes between landlords and tenants are not uncommon. Rent arrears, breach of tenancy terms, unlawful occupation after the expiration of a tenancy, and damage to property are some of the issues landlords frequently encounter. Although these situations can be frustrating, landlords must follow the law when seeking to recover possession of their property. Attempting to force a tenant out without following the proper legal process may expose the landlord to civil liability and, in some cases, criminal consequences. Understanding how to legally evict a tenant in Nigeria can help landlords protect their rights while complying with the law. When Can a Landlord Evict a Tenant? A landlord cannot lawfully evict a tenant simply because they wish to recover possession of the property. Depending on the circumstances, eviction may become necessary where: The tenant fails to pay rent. The tenancy has expired. The tenant breaches important terms of the tenancy agreement. The property is occupied without legal authority. Other legally recognised grounds exist. Whether eviction is justified depends on the facts of each case and the applicable law. 1. Review the Tenancy Agreement Before taking any action, carefully review the tenancy agreement. The agreement may contain provisions relating to: The duration of the tenancy. Payment of rent. Grounds for termination. Notice requirements. Responsibilities of both parties. Understanding these terms is essential before commencing the recovery process. 2. Serve the Appropriate Statutory Notice One of the most important steps in how to legally evict a tenant in Nigeria is serving the appropriate notice required by law. The type and length of notice required may depend on several factors, including: The nature of the tenancy. The terms of the tenancy agreement. The applicable tenancy or recovery of premises law in the relevant jurisdiction. Failure to serve the correct notice may delay or affect recovery proceedings. 3. Serve a Notice of Owner’s Intention to Recover Possession Where required, the landlord may also need to serve a Notice of Owner’s Intention to Recover Possession after the applicable tenancy notice has expired. This notice informs the tenant that legal proceedings may be commenced if possession is not delivered voluntarily. Compliance with the applicable legal procedure is important before approaching the court. 4. Commence Recovery Proceedings If the tenant refuses to vacate after the required notices have expired, the landlord may commence recovery proceedings in the court with the appropriate jurisdiction. The court will consider the evidence presented by both parties before determining whether the landlord is entitled to recover possession. A landlord should not assume that serving notices alone automatically entitles them to remove the tenant without a court order. 5. Obtain and Enforce the Court’s Order Where the court grants possession to the landlord, the order should be enforced through the lawful process of the court. If the tenant still refuses to vacate, the court’s enforcement process may include the issuance of the appropriate process, such as a writ of possession, depending on the applicable procedural rules. The landlord should allow authorised court officials to carry out the enforcement. Why Self-Help Is Unlawful Many landlords make the mistake of attempting to recover possession by: Changing the locks. Removing the tenant’s belongings. Disconnecting electricity or water. Threatening or harassing the tenant. Using force to remove the tenant. These actions are commonly referred to as self-help. Nigerian courts have consistently discouraged self-help in landlord and tenant disputes. Even where a landlord believes they are entitled to possession, the proper legal process should be followed. Common Mistakes Landlords Should Avoid Landlords should avoid: Evicting tenants without serving the required notices. Ignoring the tenancy agreement. Resorting to self-help. Failing to keep records of notices and rent payments. Taking advice from unqualified persons instead of obtaining legal guidance. These mistakes can lead to unnecessary delays and additional legal costs. What Should Tenants Do? Tenants also have legal rights. If a tenant receives notices or court processes relating to possession, they should: Read the documents carefully. Seek legal advice promptly. Respond appropriately where required. Continue to comply with lawful obligations while the matter is pending. Ignoring court processes may adversely affect the tenant’s legal position. Why Legal Advice Matters Landlord and tenant disputes are governed by tenancy agreements, applicable statutes, and procedural rules, which may differ from one jurisdiction to another. A lawyer can help by: Reviewing the tenancy agreement. Preparing and serving the appropriate notices. Advising on the correct legal procedure. Representing landlords or tenants in court. Assisting with the enforcement of possession orders. Obtaining legal advice early can save time, reduce costs, and help avoid procedural mistakes. How Lexforte Attorneys Can Help At Lexforte Attorneys, we provide practical legal solutions for landlords, tenants, property owners, developers, and investors. Our services include: Recovery of premises. Preparation and service of statutory notices. Landlord and tenant advisory. Recovery of rent. Property dispute resolution. Civil litigation. Enforcement of possession orders. General land and property legal services. We are committed to helping our clients resolve landlord and tenant disputes efficiently while ensuring full compliance with the law. Conclusion Understanding how to legally evict a tenant in Nigeria is essential for every landlord. While recovering possession of property is a recognised legal right, it must be exercised through the proper legal process. Serving the correct notices, commencing proceedings in the appropriate court where necessary, and enforcing any possession order through lawful procedures help protect the rights of both landlords and tenants while reducing the risk of avoidable disputes. Need assistance recovering possession of your property or responding to an eviction notice? Contact Lexforte Attorneys for trusted legal advice on landlord and tenant matters.