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Evicting a tenant in Nigeria can be challenging if not handled properly. Both landlords and tenants have legal rights under Nigerian law, and understanding these rights is crucial to avoid unnecessary disputes. In this article, we will provide a step-by-step guide on how to legally evict a tenant in Nigeria while ensuring compliance with relevant tenancy laws.
The tenancy law varies across Nigerian states, with Lagos State being one of the most prominent due to its detailed Tenancy Law of Lagos State, 2011. This law outlines the rights and obligations of both landlords and tenants, ensuring that eviction is conducted legally and fairly.
Across other states in Nigeria, the tenancy laws follow similar principles, but the specifics may differ. As a landlord, you must be familiar with the law governing your state before initiating any eviction process.
Legally, a landlord can evict a tenant based on various grounds, including:
The first step in the eviction process is to serve the tenant with a Notice to Quit. The length of this notice period depends on the tenant’s type of tenancy:
The notice must be properly drafted and delivered to the tenant. It is advisable to have evidence of service, such as a witness or proof of postage if the notice is mailed.
If a tenant is on a monthly tenancy and has not paid rent for two months, you must give them a one-month notice to quit. Failure to follow this procedure may render the eviction invalid.
If the tenant refuses to vacate the premises after the Notice to Quit expires, the landlord must serve a Seven-Day Owner’s Intention to Recover Possession. This notice informs the tenant that legal action will be taken if they do not vacate within seven days.
If the tenant still refuses to leave after the Seven-Day Notice, the landlord must file a case in court. This is an important step as self-help (i.e., forcibly evicting the tenant without a court order) is illegal and can lead to criminal charges.
During the court process, both the landlord and the tenant will present their case. The court will determine whether the eviction is justified based on the evidence presented. If the landlord wins the case, the court will issue a Warrant of Possession, allowing the landlord to legally evict the tenant.
Once a Warrant of Possession is granted, law enforcement officers, usually court bailiffs, will oversee the eviction to ensure it is conducted legally. The landlord should not attempt to evict the tenant without the presence of a court bailiff.
Even after the court order, it is essential to give the tenant reasonable time to move out to avoid accusations of harassment.
As mentioned earlier, forcibly removing a tenant without a court order is illegal. This includes changing locks, removing tenant property, or cutting off utilities. Landlords who attempt self-help can face criminal penalties, including fines and imprisonment.
Notices to Quit and Seven-Day Notices must follow specific legal formats and be properly served. A notice sent via WhatsApp or verbally communicated may not hold up in court.
Proper documentation, including the tenancy agreement, evidence of rent default, and copies of notices served, is essential. Lack of documentation can weaken the landlord’s case in court.
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The eviction process can take anywhere from a few months to over a year, depending on the complexity of the case, the efficiency of the court system, and the tenant’s willingness to vacate the property. Proper legal procedures must be followed to avoid delays.
No. Under Nigerian law, a landlord cannot evict a tenant without first serving a proper Notice to Quit. Evicting a tenant without notice is illegal and may result in penalties for the landlord.
Tenants in Nigeria have the right to be properly notified before eviction, the right to peaceful enjoyment of the rented property, and the right to challenge unfair eviction in court. Tenants also have the right to proper maintenance of the property by the landlord.
Yes, a tenant can sue a landlord for wrongful eviction if the landlord violates the legal eviction process, such as evicting without notice or a court order. The tenant may be entitled to damages for illegal eviction.
Evicting a tenant in Nigeria involves several legal steps, from serving the proper notices to obtaining a court order for eviction. It is critical that landlords follow these steps meticulously to avoid legal repercussions. By understanding the legal framework and common mistakes, landlords can ensure a smooth eviction process.
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