Are you a landlord or a landlady? And it’s difficult for you to eject tenants from your house or you are looking for a way to eject tenants from your house who refuses to pay his or her rent In Nigeria. In this article we will discuss how to lawfully eject tenants from your house, where you will have to follow the law in this article so you won’t fall as a victim where tenants win over their landlords.
Tenant are protected by some tenancy law provided by the Lagos law whereby the tenant can still recover the premises where the landlord told him or her to leave. By these laws, a landlord who wishes to eject a tenant must note the following tenancy agreement. Read also: Nigeria’s Neighboring countries: Full list
Every 1 month: is given 1 month notice before quitting him
Every 3 months: is given 3 months notice before quitting him
Every 6 months: is given 3 months notice before quitting him
Every 1 year: is given 6 months notice before quitting him.
Steps on How To Evict Your Tenant Lawfully
Step 1: Giving the tenant a Notice to Quit.
A Notice to Quit must be given to the tenant which is a formal legal document written by a landlord to the tenant to terminate the tenancy agreement.
Tenants notice to quit
- The premises sought to be recovered must be correctly described.
- The tenant must be correctly described and his name correctly written.
- The nature of the tenancy must be correctly stated. E.g Whether yearly tenant.
- Where the Quit Notice is issued by landlord’s agent, it must specify that he has the authority to do so.
- The Quit Notice must be signed and dated.
Step 2: The owner has served a seven-day notice, indicating their intention to regain possession of the property.
If the tenant refuses to vacate the property, after the expiration of the Notice to Quit, the landlord must follow up with a seven-day notice of the owner’s intention to recover possession.
If after this, the tenant still refuses to vacate the premises, the landlord must take the third step.
Step 3: Commence an action in court of competent jurisdiction for recovery of premises.
This involve the calling of witnesses and the presentation of evidence before the court. If the court is satisfied with the case of the landlord, then the tenant will be ordered to vacate the premises immediately or will be given a specific date to leave the premises. It is important that the landlord follow the law in ejecting a tenant or better still consult a qualified lawyer to assist you with the process.
Other grounds for Evicting Tenant
- If the tenant uses the property for illegal activities, such as drug manufacturing or distribution.
- If the tenant harasses or threatens neighbors or other tenants.
- If the tenant fails to vacate the property after the notice to vacate has been given.
- If the tenant abandons the property for a long period of time.
- If the tenant causes damage to the property.
- If the tenant pays rent late, even after receiving notices or warnings.
If any of these grounds has been breached, the court will make an order to evict the tenant. It is important to note that it is an offence to evict a tenant forcibly, If found liable, the offending landlord will be liable for the payment of a fine.
FAQs
How do I eject a tenant in Nigeria?
The first step to take in evicting your tenant is to have your lawyer serve him with a notice to quit if he is already six months in arrears of rent or according to your agreement with him.
How do I eject a tenant at will?
Under the Lagos State Tenancy Law, the following notice periods will apply: For a yearly tenant, the landlord must give a six month notice. For a quarterly or half-yearly tenant, the notice period is at least three months. For a monthly tenant, the notice period is at least one month.
How long does a tenant have to move out in Nigeria?
Once the fixed term has expired, the tenant must vacate the property unless the landlord and tenant agree to renew the tenancy agreement.
Who can issue notice to quit in Nigeria?
A LandLord. A quit notice is a legal document drafted by a landlord ssued on the tenant conveying the landlord’s intention to take back possession of his/her property.
Can a tenant ask for refund?
There must be a written consent by a landlord to a tenant, authorising tenant to repair his rented apartment before such tenant can seek a refund/set-off of money spent on such repairs.
How is a quit notice served?
As a landlord, you can serve a notice to pay rent or quit by personally giving the notice to the tenant.
Will a tenant pay rent after quit notice in Nigeria?
The tenant is still required by law to pay the rent he owes to the landlord.
Conclusion
Ejecting a tenant lawfully from your house in Nigeria requires following to specific legal procedures and regulations. It is important for both landlords and tenants to understand their rights and responsibilities as said in the tenancy law. It is important that landlords seek legal counsel or consult with experts well-versed in Nigerian landlord-tenant regulations.
