Recovery of Premises in Nigeria

Quick answer: Recovery of Premises in Nigeria is a public legal-education guide. The correct legal step may depend on the facts, documents, location, timing, and current law, so readers should seek tailored legal advice before acting.

This article is provided for general legal education only and is not a substitute for advice on a specific matter.

Mastering the Legal Framework: Recovery of Premises Under Tenancy Law

Recovery of Premises Under Lagos State Tenancy Law

Laws Governing Recovery of Premises in Lagos State

• Lagos State Tenancy Law 2011
• Rent Control and Recovery of Residential Premises Edict No. 6, 1997 of Lagos State
• Recovery of Premises Law, Cap. 118, Laws of Lagos State 1973
• Magistrate Court Law, Laws of Lagos State 2009

Exemptions Under the Lagos State Tenancy Law 2011

• 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
• Premises used for rehabilitative or therapeutic treatment
• Apapa
• Ikeja GRA
• Ikoyi
• Victoria Island

Types of Tenancy and Their Legal Implications

1. Periodic Tenancy

2. Fixed Tenancy

Procedure for Recovery of Premises in Lagos State

Step 1: Issuance of a Quit Notice

• Weekly tenancy – 7 days' notice
• Monthly tenancy – 1 month’s notice
• Quarterly tenancy – 3 months’ notice
• Yearly tenancy – 6 months’ notice

Step 2: Issuance of Notice of Owner’s Intention to Recover Possession

Step 3: Filing a Court Action

• Arrears of rent (if owed)
• Mesne profits (compensation for unlawful occupation after notice expiration)
• Possession of the premises

Step 4: Court Hearing and Judgment

Step 5: Enforcement of the Court Order

2. Procedure for recovery of premises for fixed tenancy:

Grounds for Recovery of Premises

A landlord can seek to recover possession of a property under the following circumstances:

• Non-payment of rent – If the tenant fails to pay rent as and when due.
• Breach of tenancy agreement – If the tenant violates key terms of the lease (e.g., unauthorized subletting).
• Illegal or immoral use of premises – If the property is being used for unlawful activities.
• Abandonment of premises – If the tenant vacates the property without notifying the landlord.
• Unsafe premises – If the building is structurally unsound or poses a danger to human life.
• Serious nuisance or misconduct – If the tenant or their sub-tenants engage in conduct that severely disrupts others.

Legal Consequences of Wrongful Eviction

A landlord who fails to comply with the proper eviction procedure may face legal action by the tenant. Possible consequences include:

• Trespass claims – If a landlord unlawfully enters or takes possession of the premises.
• Damages for unlawful eviction – A tenant can seek compensation in court.
• Reinstatement of the tenant – In some cases, the court may reinstate the tenant.

To avoid these risks, landlords must follow due process and obtain a court order before taking any eviction action.

Conclusion

The recovery of premises under Lagos State Tenancy Law follows a strict legal procedure to balance the rights of landlords and tenants. While landlords have a legitimate right to reclaim their properties under certain conditions, they must adhere to statutory requirements, including proper notices and court proceedings .

Failure to comply with these legal steps may lead to claims of wrongful eviction , which could result in financial penalties or even reinstatement of the tenant. By following due process, both landlords and tenants can ensure a fair and legally compliant resolution to tenancy disputes.

WRITTEN BY: CHAMAN LAW FIRM TEAM

E-MAIL: chamanlawfirm@gmail.com / info.chamanlawfirm.com

TEL: 08065553671, 08024230080

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Speak with Chaman Law Firm before taking a step that may affect your rights, property, business, family, or dispute position. You can book a consultation or review the relevant practice area for more context.