Proper Legal Steps to Evict a Tenant in Nigeria

Proper Legal Steps to Evict a Tenant in Nigeria

Eviction is one of the most sensitive areas of landlord and tenant law. A landlord may have genuine reasons to recover premises, but the process must be handled lawfully and carefully.

This article is general legal education. Notice periods and procedure can differ by state, tenancy agreement, tenancy type, rent period, and the facts of each case. Landlords and tenants should obtain legal advice before taking action.

Avoid self-help eviction

A landlord should not forcefully remove a tenant by changing locks, removing doors or roofing sheets, disconnecting services, seizing belongings, threatening occupants, or using force. Such conduct can expose the landlord to claims for unlawful eviction, trespass, harassment, damages, or other legal consequences.

When recovery of premises may arise

• Non-payment of rent after proper demand and review of the tenancy terms.
• Breach of a material term of the tenancy agreement.
• Use of the premises for unlawful or prohibited activities.
• Damage to the premises, nuisance, or conduct affecting other occupants.
• Owner's need to recover premises, redevelopment, repairs, or expiry of a fixed term, depending on the facts and law.

Lawful notice and documentation

The appropriate notice depends on the applicable state law, the tenancy agreement, the nature of the tenancy, and whether the term has expired. In some cases, a Notice to Quit may be required. In other cases, especially after expiry of a fixed term, the proper step may differ.

Where Lagos State law applies, common recovery-of-premises practice often involves careful review of the tenancy, statutory notices, and a Seven Days Owner's Intention to Recover Possession where applicable. The exact wording, timing, and service method should be handled by a lawyer.

Court process

If the tenant does not give up possession after proper notice, the landlord should not resort to force. The next step is usually to commence the appropriate court process for recovery of possession and any rent or mesne profits that may be recoverable.

The court will consider the tenancy, notices, service, evidence, and applicable law. If the landlord succeeds, possession should be recovered through lawful enforcement channels.

Practical landlord checklist

• Review the tenancy agreement and rent-payment history.
• Confirm the applicable state law and notice requirements.
• Serve notices correctly and keep proof of service.
• Avoid threats, force, lock changes, or police-led removal.
• Use court process where possession is disputed or the tenant refuses to leave.

For tenancy disputes, notice review, or recovery-of-premises support, see Property and Real Estate Law, Litigation and Dispute Resolution, or book a consultation.