Of all the frustrations that may befall any landlord, perhaps the most frustrating experience is dealing with a tenant who refuses to pay rent or vacate the property. While it may be tempting to change the locks or throw out their belongings, self-help eviction is illegal in Nigeria and could expose you to civil or even criminal liability.
If this is the case, you can still recover your property but need to do so legally and by following all processes.
Understanding the Law on Tenant Eviction in Nigeria
Evictions in Nigeria are controlled by the Recovery of Premises Act for the Federal Capital Territory and the Tenancy Laws of several States-for example, Lagos Tenancy Law, 2011. These laws provide that certain step be taken by a landlord before possession of the property is recovered.
Quite simply: no matter how bad that tenant may be, you have to go through due process.
Information:
Step-by-Step Legal Process for Evicting a Non-Paying Tenant
1. Serving a “Notice to Quit”
This is the first legal step. Seven days’ notice to quit for tenants who their rent has already expired.
Such a notice should be in writing and appropriately served to the tenant.
2. Serve the “Notice of Owner’s Intention to Apply to Recover Possession”
If the tenant does not vacate after the expiration of the first notice, the next step is the issuance of a 7-day owner’s intention notice. This notice formally warns the tenant that the landlord intends to go to court to recover the property.
3. Filing of a case in court
Your Lawyer will then file a Recovery of Premises action in court upon the expiration of the notices and when the tenant is still in occupation. This is because only upon a court order can eviction be sanctioned.
4. Get the Court Order for Eviction
The court, if it rules in your favor, will grant an order of possession instructing the tenant to leave the premises. The bailiff will then lawfully remove the tenant from the property.
Why You Should Never Evict a Tenant by Force
Many landlords lose money or face criminal charges due to trying to evict tenants in an unlawful manner. For instance:
- Breaking and entering into a tenant’s home or locking them out
- Removing their property
- Electric or water supply cut-off
- Harassing or threatening the tenant
…are illegal and may amount to trespass or harassment under Nigerian law. Always let a lawyer handle the eviction process for you.
How a Lawyer Can Help You Recover Your Property Faster
Hiring a property lawyer ensures that:
- All statutory notices are correctly issued and served
- The court process is handled efficiently
- You recover rent arrears legally
- You avoid legal liabilities or counterclaims from tenants
Olamide Oyetayo & Co. helps landlords all over Nigeria, especially in Abuja, Lagos, and Port Harcourt, to lawfully recover their properties while protecting their rights.
Eviction of a tenant in Nigeria can be stressful; with the right legal steps, you can have your property back without running afoul of the law. The safest and fastest way to get a non-paying tenant evicted is by engaging a qualified lawyer who understands tenancy and property law.
Are you a landlord with a problem or defaulting tenant? Our property law experts will guide you through the eviction process, draft your notices, and represent you in court to ensure that your property is recovered as soon as possible and in a legal manner.