Navigating the Labyrinth: How to Legally Evict a Tenant in Lagos State Without Breaking the Law

Lagos, the bustling heart of Nigeria, is a city of dreams and opportunities. With its ever-growing population, the demand for housing is perpetually high, leading to a vibrant, yet often complex, landlord-tenant landscape. For landlords, the joy of passive income can quickly turn into a nightmare when faced with a defaulting or problematic tenant. While the urge to “take back your property” can be overwhelming, resorting to self-help – like changing locks, removing doors, or cutting off utilities – is not just illegal, it’s criminal. In Lagos State, the law is clear: you cannot forcibly evict a tenant without a court order.

So, how do you navigate this challenging terrain and legally reclaim your property without running afoul of the law? This comprehensive guide will walk you through every step of the legal eviction process in Lagos State, ensuring you are well-equipped with the knowledge to protect your investment and maintain your peace of mind.

Understanding the Foundation: The Lagos State Tenancy Law

Before we delve into the nitty-gritty of eviction, it’s crucial to understand the legal framework governing landlord-tenant relationships in Lagos State. The primary legislation is the Lagos State Tenancy Law 2011. This law, along with other relevant statutes like the Magistrate Court Law and the Recovery of Premises Law, outlines the rights and responsibilities of both landlords and tenants, and most importantly, the specific procedures for the recovery of premises.

It’s worth noting that the Tenancy Law 2011 applies to most residential and commercial premises in Lagos State, with a few exceptions such as:

• Residential premises owned or operated by educational institutions.
• Residential premises provided as emergency shelters.
• Residential premises in a care center, hospital (public or private), or mental health facility.¹
• Residential premises in Apapa, Ikeja GRA, Ikoyi, and Victoria Island (where the old Recovery of Premises Law, Cap. 118, Laws of Lagos State 1973, and the Rent Control and Recovery of Residential Premises Edict No. 6, 1997, may still apply).

For the purpose of this guide, we will primarily focus on the general provisions of the Lagos State Tenancy Law 2011, which covers the majority of cases.

The “Why”: Valid Grounds for Eviction

Before you even consider serving a notice, you must have a legally justifiable reason for wanting to evict your tenant. The Lagos State Tenancy Law outlines several valid grounds for eviction, including but not limited to:

1. Non-payment of Rent: This is arguably the most common reason for eviction. If a tenant consistently fails to pay rent as and when due, after several demands have been made, you have a strong case.
2. Breach of Tenancy Agreement: This covers a wide range of violations. Examples include:
   • Subletting the property without your permission.
   • Using the property for illegal or immoral purposes (e.g., robbery, prostitution).
   • Willful or negligent damage to the property.
   • Converting the property from residential to commercial use (or vice versa) without consent.
   • Keeping pets where the agreement prohibits them.
   • Conducting acts of intolerable nuisance to other occupants or neighbors.
3. Owner’s Personal Use: If you genuinely require the premises for your own use or for the use of your family, this can be a valid ground, provided you follow the correct procedure.
4. Abandonment of Premises: If the tenant has clearly abandoned the property, you can seek to recover possession.
5. Unsafe/Unsound Premises: If the property is structurally unsafe and constitutes a danger to human life or property.
6. Expiration of Tenancy: For fixed-term tenancies, once the agreed term expires, you can initiate recovery proceedings.

Interactive Moment: Have you ever experienced any of these issues with a tenant? Share your story in the comments below! It helps others understand the practical challenges of property management.

The “How”: The Step-by-Step Legal Eviction Process

The legal eviction process in Lagos State is a sequential one, and skipping any step can invalidate your entire case, leading to significant delays and financial losses. Let’s break it down:

Step 1: Review the Tenancy Agreement – Your Blueprint

Your tenancy agreement is the cornerstone of your landlord-tenant relationship. Before taking any action, meticulously review it.

• What does it say about rent payment dates and grace periods?
• Are there clauses about maintenance, alterations, or permissible use of the property?
• Crucially, does it specify the notice period for termination?

If your agreement specifies a notice period, that period will generally take precedence over the statutory periods, provided it’s not designed to circumvent the law. However, if your agreement is silent on notice periods, or if the statutory period is longer and more favorable to the tenant, then the law’s provisions will apply.

Pro-Tip: Always have a well-drafted, comprehensive tenancy agreement. It protects both parties and clarifies expectations. If you don’t have one, or if yours is outdated, consult a legal professional to create or review it.

Step 2: Serve the Statutory Notices – The Formal Warnings

This is where many landlords make crucial mistakes. You cannot simply tell a tenant to leave. The law mandates the service of specific notices. There are generally two key notices:

a) Notice to Quit (or “Quit Notice”)

This is the first formal step to terminate a periodic tenancy (weekly, monthly, quarterly, half-yearly, yearly). The length of this notice depends on the type of tenancy and the frequency of rent payment, unless otherwise stipulated in your tenancy agreement.

Statutory Notice Periods under the Lagos State Tenancy Law 2011 (where no agreement exists or the law provides a longer period):

• Weekly Tenancy: 7 days’ notice
• Monthly Tenancy: 1 month’s notice
• Quarterly Tenancy: 3 months’ notice
• Half-Yearly Tenancy: 3 months’ notice
• Yearly Tenancy: 6 months’ notice

Key considerations for the Notice to Quit:

• Fixed-Term Tenancies: If you have a fixed-term tenancy (e.g., a one-year lease) and the term has expired, you generally do not need to serve a Notice to Quit. The tenancy automatically terminates by “effluxion of time.” However, you will still need to serve the “Notice of Owner’s Intention to Recover Possession” (discussed below).
• Tenant in Arrears: There’s a common misconception that if a yearly tenant defaults on rent, they are still entitled to a six-month notice. This is incorrect. If a yearly tenant is in arrears of rent, their tenancy may automatically convert to a “tenancy at will,” which only requires a 7-day Notice of Owner’s Intention to Recover Possession (after initial demands for rent). However, it is still best practice to serve a Notice to Quit if you are unsure or to cover all bases.
• Contents of the Notice: The Notice to Quit must clearly state:
  • The date the tenant is required to give up possession.
  • The type of tenancy (e.g., monthly, yearly).
  • A clear description of the property (address).
  • Your intention to recover possession if the tenant fails to comply.
  • Any outstanding rent or liabilities.
• Who can issue and serve: You, as the landlord, can issue and serve the notice, or your accredited agent or legal practitioner can do so on your behalf.
• Method of Service: Proper service is crucial. You can serve the notice:
  • Personally: Hand it directly to the tenant.
  • On an Adult Occupant: Deliver it to any adult on the demised premises.
  • By Courier: Use a reputable courier service with proof of delivery.
  • By Affixing: If personal service is not possible, you can affix the notice to a conspicuous part of the demised premises (e.g., the main door or gate). It’s advisable to take a picture of the affixed notice as evidence, ensuring the house number is visible.

What if the Notice to Quit is defective? A defective notice (e.g., insufficient notice period, incorrect details) can render your entire eviction process invalid, leading to your case being dismissed in court. This is why professional legal advice at this stage is highly recommended.

b) Notice of Owner’s Intention to Recover Possession (7-Day Notice)

This notice is served after the Notice to Quit has expired (or immediately if the tenancy has expired by effluxion of time and no Notice to Quit was required). It is a statutory requirement, giving the tenant a final 7 clear days to vacate the premises before you proceed to court.

Key considerations for the 7-Day Notice:

• Purpose: It formally informs the tenant that if they do not vacate within seven days, you will commence legal action to recover possession.
• Timing: This notice can only be served after the expiration of the Notice to Quit (if one was required) or after the fixed term of the tenancy has expired. Serving it prematurely will invalidate it.
• Contents: Similar to the Notice to Quit, it should clearly identify the property, the tenant, and your intention to recover possession through legal means. It should also state the ground for recovery (e.g., non-payment of rent, expiration of tenancy).
• Method of Service: The methods of service are the same as for the Notice to Quit.

Interactive Moment: Imagine you’re a landlord. Which notice do you think is more impactful: the Notice to Quit or the 7-Day Notice of Owner’s Intention to Recover Possession, and why? Share your thoughts!

Step 3: Commence Action in Court – The Judicial Pathway

If, after the expiration of both notices (if applicable), the tenant still refuses to vacate, the next legitimate step is to file an action in the appropriate court to recover possession. Do not resort to self-help!

Which Court?

The jurisdiction of the court depends on the annual rental value of the property in Lagos State:

• Magistrate Court: If the annual rental value is below N10,000,000.
• Small Claims Court: For matters where the amount claimed is up to N5,000,000 (this can be a faster route for rent arrears).
• High Court of Lagos State: If the annual rental value is above N10,000,000.

What to File?

You will typically file a “Claim for Recovery of Premises” (or similar wording depending on the court rules). Your claim may include:

• Order for Possession: This is the primary goal – to legally regain control of your property.
• Arrears of Rent: If the tenant owes outstanding rent.
• Mesne Profits: This is compensation for the tenant’s unlawful occupation of the property after the expiration of the statutory notices. It’s essentially rent for the period they overstayed illegally.
• Cost of Action: You can also claim the costs incurred in pursuing the legal action.

The Court Process:

1. Filing and Service of Processes: Your lawyer will prepare and file the necessary court documents (e.g., Originating Summons or Writ of Summons, Statement of Claim, Witness Statements, Exhibits like the tenancy agreement, notices served, proof of rent default). These documents must then be formally served on the tenant.
2. Appearance and Defence: The tenant will be given a period to enter an appearance in court and file their defense (Statement of Defence).
3. Pre-Trial Proceedings: This may involve alternative dispute resolution (ADR) mechanisms like mediation, case management conferences, and exchange of documents. Lagos State actively promotes ADR through bodies like the Lagos Multi-Door Courthouse and Citizens’ Mediation Centre, which can offer faster and less adversarial resolutions for landlord-tenant disputes.
4. Trial/Hearing: Both parties will present their arguments and evidence. You, as the landlord, must prove that you followed due process and have valid grounds for eviction. The tenant can present their defense, which might include claims of improper notice, landlord’s breach of agreement, or payments made.
5. Judgment: After hearing all arguments and reviewing the evidence, the court will deliver its judgment. If the court finds in your favor, it will issue an “Order for Possession” (also known as a “Warrant of Possession” in some contexts), legally authorizing you to take back your property. The order will specify a timeframe within which the tenant must vacate.

Interactive Moment: What do you think are the biggest advantages of taking the eviction process through the courts, even though it can be time-consuming?

Step 4: Enforcement of the Court Order – The Final Step

Even after a court issues an Order for Possession, a tenant may still refuse to leave. This is where the court’s enforcement mechanism comes into play. You still cannot use self-help.

1. Application for Enforcement: You (through your lawyer) will apply to the court for the enforcement of the possession order.
2. Court Bailiffs: The court will then direct its bailiffs to enforce the order. Court bailiffs are the only legal authority empowered to physically remove a tenant and their belongings from the premises.
3. Law Enforcement Presence: In some cases, especially if resistance is anticipated, the bailiffs may be accompanied by police officers to ensure a peaceful and lawful enforcement. The police are there to maintain order and are NOT to be used by landlords for illegal evictions.
4. Peaceful Removal: The bailiffs will oversee the removal of the tenant and their property. It is crucial that this process is conducted peacefully and without damage to the tenant’s belongings.

Crucial Warning: Any attempt to forcibly evict a tenant without a valid court order, or to bypass the court bailiffs, is illegal and can lead to severe penalties, including fines, imprisonment, and civil lawsuits for damages by the tenant. The Supreme Court of Nigeria has repeatedly emphasized that “resort to self-help by the landlord to evict a tenant who is in lawful occupation is not within the purview of the provisions of the Recovery of Premises Law and that such a landlord renders himself liable to the tenant in trespass.”²

Special Considerations and Common Pitfalls

Unpaid Rent and Mesne Profits

As discussed, you can claim arrears of rent in court. Additionally, “mesne profits” are crucial. These are the profits or compensation a landlord is entitled to for the use and occupation of their premises by a tenant who is unlawfully holding over after their tenancy has been duly terminated by notice. It’s essentially the rent for the period the tenant remains on the property after the notices expire and until they vacate.

Abandoned Property

If a tenant abandons the property, it might seem straightforward to reclaim it. However, even in such cases, it’s wise to follow legal procedures to avoid future disputes. Document the abandonment (e.g., photos, witness statements), try to contact the tenant, and if unsuccessful, you may still need to approach the court for an order of possession or involve the appropriate authorities to avoid being accused of unlawful eviction or damage to property.

Tenant Rights and Defenses

It’s important to remember that tenants also have rights. They can defend against an eviction if:

• Improper Notice: The landlord failed to serve proper statutory notices, or the notices were defective.
• Retaliatory Eviction: The landlord is trying to evict them in retaliation for reporting unsafe living conditions, asserting their rights, or participating in a tenant union. This is illegal.
• Discrimination: The eviction is based on discriminatory grounds (e.g., race, religion, gender).
• Landlord’s Breach: The landlord has breached a fundamental term of the tenancy agreement (e.g., failure to carry out essential repairs, harassment).
• Rent Paid: The tenant can prove they have paid all outstanding rent.

The Role of a Legal Practitioner

While it might seem tempting to save on legal fees, navigating the eviction process in Lagos State without a qualified property lawyer is akin to walking through a minefield blindfolded. A good lawyer will:

• Ensure Legal Compliance: Guarantee all your actions align with the Lagos State Tenancy Law.
• Draft and Serve Notices Correctly: Precisely prepare and serve the statutory notices, avoiding common errors that can invalidate your case.
• Represent You in Court: Present a strong case, handle court filings, and navigate the complexities of court procedures.
• Advise on ADR: Explore alternative dispute resolution options that might save you time and money.
• Handle Enforcement: Guide you through the enforcement of the court order.

The cost of hiring a lawyer is an investment that can save you much more in the long run by preventing delays, legal battles, and potential damages from unlawful eviction.

Duration of the Eviction Process

Be prepared for the process to take time. The duration varies significantly depending on:

• Tenant’s cooperation: If the tenant vacates after the notices, it’s quick.
• Court schedules: The Nigerian court system can be slow.
• Complexity of the case: Disputed facts or counterclaims can prolong proceedings.
• Availability of judges: Backlogs are common.

On average, a contested eviction case can take anywhere from a few months to over a year. Patience and adherence to due process are paramount.

Interactive Moment: If you’re a landlord, what’s your biggest concern about the length of the eviction process? If you’re a tenant, what would you want to see improved in the process?

Proactive Measures: Preventing Eviction Headaches

Prevention is always better than cure. As a landlord, taking proactive steps can significantly reduce the chances of needing to evict a tenant:

1. Thorough Tenant Screening: Conduct comprehensive background checks, including references from previous landlords, employment verification, and financial capacity assessment.
2. Clear and Comprehensive Tenancy Agreement: As emphasized earlier, a well-drafted agreement is your best defense. It should clearly outline:
   • Rent amount, due dates, and acceptable payment methods.
   • Consequences of late payment or non-payment.
   • Duration of the tenancy and renewal clauses.
   • Maintenance responsibilities (landlord and tenant).
   • Rules regarding alterations, subletting, and use of the property.
   • Conditions for termination and notice periods.
3. Regular Communication: Maintain open and clear communication channels with your tenant. Address issues promptly and professionally.
4. Document Everything: Keep meticulous records of all communications, rent payments, maintenance requests, and notices served. Photos and videos of the property (before and after tenancy) are also valuable.
5. Property Maintenance: Fulfill your obligations as a landlord by ensuring the property is in a habitable condition and promptly addressing maintenance issues. This builds trust and minimizes potential tenant defenses.
6. Understand Your Rights and Responsibilities: Familiarize yourself with the Lagos State Tenancy Law. Ignorance of the law is no excuse.

Concluding Thoughts: The Path to Peaceful Possession

Evicting a tenant in Lagos State, while often stressful and time-consuming, is a process that must be undertaken with strict adherence to the law. The legal framework is designed to protect both landlords and tenants, ensuring fairness and preventing arbitrary actions. While the allure of self-help might be strong when frustrations run high, succumbing to it carries severe legal consequences.

By understanding the valid grounds for eviction, diligently following the step-by-step process of serving proper notices, and pursuing your case through the competent courts, you safeguard your property and uphold the integrity of the law. Engaging a knowledgeable legal professional is not an expense but a strategic investment that streamlines the process, minimizes risks, and ultimately leads you to the desired outcome: legal and peaceful recovery of your premises.

Remember, patience, professionalism, and strict compliance with the law are your greatest allies in this journey. The legal system, though sometimes slow, is ultimately designed to deliver justice.

What are your key takeaways from this comprehensive guide? Share your thoughts and any further questions you might have in the comments section below. Let’s build a community of informed landlords and tenants!