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