How To Evict A Tenant In Lagos Lawfully (Complete Guide)
How To Evict A Tenant In Lagos. Get All You Need To Know About Evicting A Tenant. Check This Post Now.
Most times evicting a tenant from that property for whatever reason cannot be all that easy as it sounds. Unlike reality shows, where certain housemates and contestants are easily evicted from the show. When it comes to tenancy eviction, there are steps to be taken before this can be done.
The truth still remains that most owner and house owners or even agent are faced with evicting a tenant or even tenants from their property, there are different reasons for this, as the tenant could have violated the tenancy agreement and this has displeased the house owner or agent and he/she has decided to evict the tenant or the tenant has even refused to comply with due payments for the house rent, now informing this tenant verbally that he/she has to move out might not be enough most especially if this tenant is unwilling to move out voluntarily.
The tenancy laws of every state in the country Nigeria and even in Lagos seek to guide and protect all tenants from forceful eviction, therefore there are certain rules that must be followed in order to legally evict a tenant who is not willing to move out voluntarily.
Also under the Lagos State Tenancy Law of 2011, which is similar to the tenancy laws of other states in Nigeria, it states that it is criminal to forcefully evict a tenant and it is also illegal for a house owner or agent to disrupt the peace of this tenant and hereby forcing the tenant to move out. In this article, we would be pointing out the proper steps to evicting a tenant in Lagos.
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What Are The Steps To Evicting A Tenant In Lagos?
- Issue An Eviction Notice To The Tenant
- Notice Of Landlord’s Intention To Recover Possession
- Reach Out To The Court And File A Claim
- Settle Amicably
- Trial
How To Evict A Tenant In Lagos
1. Issue An Eviction Notice To The Tenant
This is can be viewed as a statutory requirement for termination of all forms of periodic tenancies. It will also be used where even though the tenancy is for a certain term, the Agreement provides that it be issued. It must contain the description of the property and even it’s location, the commencement and expiration of the Tenancy and also the length of the notice and it’s content is dependent on the length of the tenancy in question.
A notice to quit may be issued either by the house owner or by his solicitor or even his agent, who must be involved and authorized in writing. The length of the notice to quit should be such that it will expire on the eve of the anniversary of the tenancy has been determined by a notice to be dismissed and if the tenant fails to hand over possession, the landlord and his agent may then issue a 7- day notice of the owner’s intention to recover possession.
2. Notice Of Landlord’s Intention To Recover Possession
In this case, where the notice issued to the tenant has expired, the tenant has failed to surrender possession, the house owner may file a claim for recovery of possession at either the Magistrate Court or the High Court closest to the property.
The Landlord must prove grounds such as arrears of rent, breach of any of the tenancy agreement, that the premises has been abandoned or has been used for immoral or illegal purposes, or the premises is unsafe and dangerous or that the conduct of the tenant or person living with him constitutes intolerable nuisance. The landlord can also recover possession on the grounds that the premises is required by the landlord for personal use or that the premises requires substantial repair or upgrade.
Note that, the landlord may not need to prove any of the above where the requisite notices were properly issued and given to the tenant, and the content and length of notice are in line with statutory requirements.
3. Reach Out To The Court And File A Claim
Now in this type of tenancy eviction, if your next step is to file a claim for property recovery with a court within the property’s jurisdiction, the house owner would have to show that the tenant is behind on the rent due for payment.
Although, if the relevant notices were duly issued, relevant notices like “owner’s notice or quit notice” and these notices meet the statutory requirements, then there won’t be a problem.
4. Settle Amicably
Settling amicably most times can be the easiest option and a rare one too. Both parties can always explore settlement if the tenant agrees to vacate the premises, although the tenant can always request for more time to prepare to move out.
Now, the parties involved can meet with their soliciting parties and agree on terms of settlement. When an agreement has been reached, the soliciting parties will now file for terms of settlement document which would be adopted by the court as it’s judgement in this case.
See Also: Rights Of Tenant And Landlord In Nigeria – Explained
5. Trial
This last piece only happens when the said tenant and landlord are not willing to resolve the issues amicably, then trial of the matter on ground will therefore commence. This trial involves calling of witnesses and the involvement of tendering documents are obvious evidence. The trial in Lagos State is usually done between 5-12 months or even more depending on different circumstances.
You should know that in this last piece of actions to be taken, a recovery of premises action may also be coupled with the recovery of rent owed too. At the end and conclusion of this trial, the landlord or agent if successful would have the chance to evict the tenant forcefully through the use of court personnels. In order to avoid forceful eviction, as a tenant, you are expected to vacate the premises as judgement has been passed.
Conclusion
Just in case you have an obstinate tenant who has refused to pay his or her due rent and is refusing to leave your property, it’s a simple way to get him or her off your hooks, although most times it might not be all that easy being a house owner in Lagos, however you should be in charge of your property. This article was very helpful and informative on how to legally evict an obstinate tenant from your home if there’s one.
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Frequently Asked Questions
1. How Many Months Notice Is A Yearly Tenant Entitled To?
At least 6 months notice.
2. Can A Landlord Issue A Notice To Quit?
Your landlord only needs to give ‘reasonable notice’ to quit.
3. How Do You Serve Notice To A Tenant?
Giving notice to the tenant personally with a means of proving receipt. (e.g. asking the tenant to sign, or having an independent witness)
4. What Does Quit Notice Mean?
In landlord-tenant law, it refers to the act of a landlord providing a tenant with a written notice of the landlord’s demand for the tenant to vacate the premises within a given amount of time.
5. Is It Quick Notice Or Quit Notice?
Both are correct.
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