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,
What to Do When a Landlord Refuses to Renew a Tenancy Agreement in Nigeria
A tenant who has occupied a property for several years can understandably expect to remain in the property when the tenancy expires, particularly where rent has always been paid promptly and the tenant has complied with the terms of the tenancy agreement. However, a tenant does not automatically acquire a right to renew a tenancy simply because the tenant has been a good tenant or has occupied the property for a long period. The starting point is the tenancy agreement. If the agreement gives the tenant an option or right to renew, the landlord’s refusal to renew can raise a contractual issue. If there is no such provision, the landlord is generally not required to grant a new tenancy merely because the tenant wants to remain in the property. The position also differs depending on whether the existing tenancy is a fixed-term tenancy, a periodic tenancy, or a tenancy that has already expired. This article explains what a tenant should do when a landlord refuses to renew a tenancy agreement in Nigeria, with particular attention to the legal position in Lagos State. Does a Tenant Have an Automatic Right to Renew a Tenancy? No. The expiration of a tenancy does not automatically give the tenant a right to another term. A tenancy is a contractual relationship. Where the agreed term expires, the tenant’s contractual right to occupy the premises ordinarily comes to an end unless: the tenancy agreement provides for renewal; the parties enter into a new agreement; the tenant validly exercises an existing option to renew; or the conduct of the parties creates a new tenancy or other legally recognised relationship. The Court of Appeal has recognised this principle in Oteri Holdings Ltd v. Heritage Banking Company Ltd (2020) LPELR-50802(CA), where a tenant sought to continue occupying premises after the expiration of a fixed-term lease containing an option to renew. The court emphasised that the tenant’s intention to renew did not itself create a renewed tenancy. Therefore, a tenant should not assume that a landlord is legally required to renew simply because the tenant has occupied the property for many years. What Is an Option to Renew? An option to renew is a contractual provision giving a tenant a right to seek or obtain a further term in accordance with the conditions stipulated in the tenancy agreement. The precise wording of the clause is critical. For example, an agreement might provide: “The tenant shall have an option to renew the tenancy for a further term of three years.” Another agreement might state: “The landlord shall grant the tenant a further term upon written notice given three months before expiration, subject to the tenant complying with the terms of the tenancy.” These clauses do not necessarily produce identical legal consequences. The court will examine the actual agreement to determine what rights the parties created. Can a Landlord Refuse to Renew Where the Tenant Has an Option to Renew? Not necessarily. Where the tenancy agreement contains a valid option to renew, the landlord’s ability to refuse renewal depends on the wording and conditions of the option. The tenant must first determine: whether the agreement actually grants an option to renew; when the option must be exercised; how the option must be exercised; whether written notice is required; whether the tenant must give notice within a specified period; whether payment of rent must be up to date; whether compliance with other covenants is a condition of renewal; whether the new rent is predetermined or subject to negotiation; and whether the landlord’s consent is required. The courts have repeatedly held that a tenant seeking to exercise an option to renew must comply with the conditions governing its exercise. In Oteri Holdings Ltd v. Heritage Banking Company Ltd, the Court of Appeal relied on the Supreme Court decision in Conoil Plc v. Dutse (2016) LPELR-40236(SC) and other authorities on the strict compliance required for exercising an option to renew. What If the Tenancy Agreement Does Not Contain a Renewal Clause? Where the tenancy agreement contains no right or option to renew, the tenant generally cannot compel the landlord to enter into a fresh tenancy simply because the tenant wishes to remain. The landlord can decide not to grant a new tenancy, subject to the applicable law governing the termination and recovery of possession. The tenant’s proper response is therefore not to insist that the landlord must renew the agreement, but to determine: whether the existing tenancy has expired; whether the landlord has complied with the applicable notice requirements; whether the tenant has any contractual right to renewal; and whether any other legal circumstances protect the tenant’s continued possession. Can a Landlord Refuse Renewal Because the Tenant Is in Rent Arrears? Yes. Where the tenancy agreement makes compliance with the tenant’s obligations a condition of renewal, substantial arrears or other breaches can affect the tenant’s ability to exercise an option to renew. This was an important consideration in Oteri Holdings Ltd v. Heritage Banking Company Ltd, where the tenant sought to continue in possession but had outstanding obligations. The court considered the contractual conditions governing renewal and the tenant’s failure to establish a valid renewal. A tenant who wants to rely on an option to renew should therefore ensure that all conditions attached to the option have been satisfied. What If the Tenant Has Always Paid Rent on Time? Regular payment of rent is important, but it does not by itself create a permanent right to renewal. A tenant who has paid rent regularly for ten or twenty years does not automatically acquire a right to another tenancy merely because of that history. The question remains whether the tenant has a contractual or statutory right to continue in possession. A good tenancy record can, however, be relevant to negotiations with the landlord and to the circumstances of a dispute. What If There Is No Written Tenancy Agreement? The absence of a written tenancy agreement does not mean that there is no tenancy or that
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
Can a Landlord Evict a Tenant Without a Court Order in Nigeria?
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