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,
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