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,