How to Legally Evict a Tenant in Nigeria Without Breaching the Law
Evicting a tenant in Nigeria is not as simple as asking them to vacate the premises. Landlords must follow due legal process or risk facing penalties for unlawful eviction. Whether the tenant is defaulting on rent or violating the terms of the tenancy agreement, knowing the right steps to take can save you time, money, and unnecessary legal battles.
This post outlines how to legally evict a tenant in Nigeria without breaching the law.
1. Understand the Type of Tenancy
Before taking any action, determine the type of tenancy involved. Common types include:
- Fixed-term tenancy: A lease with a specific duration (e.g. one year).
- Periodic tenancy: Renewed monthly, quarterly, or yearly.
Knowing the tenancy type will guide how and when to issue notices.
2. Establish a Valid Ground for Eviction
You cannot evict a tenant without a justifiable reason. Valid grounds include:
- Failure to pay rent
- Breach of tenancy agreement
- Property misuse or damage
- Expiry of tenancy without renewal
- Landlord’s personal use or renovations (in some cases)
These grounds must be supported by evidence, such as a written agreement or rent receipt records.
3. Serve a Proper Quit Notice
A Quit Notice is the first formal step. It informs the tenant that their tenancy will not be renewed or is being terminated. The notice period depends on the tenancy type:
- Weekly tenants: 7 days
- Monthly tenants: 1 month
- Quarterly tenants: 3 months
- Yearly tenants: 6 months
The notice must be in writing and personally delivered or pasted on the door if the tenant refuses to accept it.
4. Serve a Notice of Owner’s Intention to Recover Possession
After the Quit Notice expires and the tenant remains in possession, serve a 7-day Notice of Owner’s Intention to Apply to Court to Recover Possession. This notifies the tenant of your intention to take legal action.
5. File for Eviction at the Magistrate or High Court
If the tenant still refuses to vacate, the landlord must approach a competent court to initiate formal eviction proceedings. The court will review the evidence, hear both parties, and issue a judgment.
Eviction without a court order is illegal in Nigeria, no matter the circumstances.
6. Get a Court Order and Enforce It Through Legal Means
If the court rules in your favor, a warrant of possession will be issued. Law enforcement agents will then assist in evicting the tenant lawfully.
Avoid self-help measures like:
- Changing locks
- Removing the tenant’s property
- Harassing or threatening the tenant
These actions are considered illegal eviction and can result in legal penalties.
7. Document Everything
Maintain records of all correspondence, notices served, rent payments, and the tenancy agreement. These documents can be vital in court.
Conclusion
Evicting a tenant in Nigeria requires patience and strict adherence to legal processes. Skipping any step could result in serious consequences for the landlord.
To legally evict a tenant:
- Issue appropriate notices
- Follow the timeline based on tenancy type
- Involve the court if necessary
- Avoid forceful or unlawful actions
When in doubt, consult a property lawyer to guide you through the process. The law protects both landlords and tenants, and following the right procedure ensures your rights are upheld without violating the tenant’s.
