The owner of a property is usually regarded as the alpha and omega of his property, thus, having the right to deal with his property as he pleases. This right of a landlord is almost absolute over his premises, but only subject to a tenancy agreement executed between a Landlord and tenant which is regulated by the tenancy law of various states in Nigeria, which are largely almost the same save for some different innovative provisions, to protect the rights and interest of tenants against unlawful and forceful landlord eviction. It is safe to say that the presence of a tenancy agreement and the various tenancy laws of states serves as a check to the excessive powers in the hands of the landlord.

Section 25 of the Lagos State Tenancy Law, 2011 provides the grounds upon which a landlord can evict a tenant:

• Where the tenant owes arrears of rent
• Where there is a breach of tenancy agreement
• Where the Landlord needs it for personal purpose
• Where the premises is being used for immoral or illegal purposes
• Where the premises has been abandoned by the tenant
• Where the premises becomes unsafe and constitutes a danger to human life and property
• Where the act of the tenant constitutes an intolerable nuisance

PROCEDURES AND STEPS FOR EVICTION OF A TENANT

When pursuing a legal landlord eviction, the following steps must be taken:

1. Determine The Applicable Laws

Various states have different tenancy laws, however, they are largely the same with watered differences depending on the state. Also, the application of the law may be restricted. For example, Section 1(3) of the Lagos State Tenancy Law provides that the law does not apply to Apapa, Ikeja GRA, Ikoyi, and Victoria Island areas of Lagos.

2. Issue a Quit Notice

The period of a quit notice should be in line with the tenancy agreement, however, where the agreement does not provide for such, it must be done in accordance with the law. This is a crucial step in a successful landlord eviction. The period of notice pursuant to Section 13 of the Tenancy law is dependent on the nature of the tenancy:

• a week’s notice for a tenant at will;
• one (1) month’s notice for a monthly tenant;
• three (3) months notice for a quarterly tenant;
• three (3) months notice for a half-yearly tenant; and
• six months notice for a yearly tenant

However, no notice is required where the tenancy is for a fixed period, provided the fixed time has elapsed, or where the occupier of the premises is merely a licensee, and provided the license has expired or has been withdrawn.

3. Issuance of Notice of Intent to Recover Possession

After the expiration of the period of the notice to quit, the landlord is required by Section 16 to issue a seven (7) days notice of intent to recover possession where the tenant refuses to vacate the premises. This notice is a key legal document in any landlord eviction process.

4. Proper Service of Notice

Section 20 of the Lagos State Tenancy Law provides that all notices under the Tenancy law must be properly served.

Where it is a residential premises, it must be served either:

• To the person
• To an adult residing in the premises
• By a courier to the premises sought to be recovered where the person cannot be found, and the courier must provide proof of delivery
• By affixing the notice on a prominent part of the premises to be recovered and providing corroborative proof of service

Where it is a business resident, it must be served either:

• To a person at the business premises sought to be recovered
• By affixing the notice on a prominent part of the premises to be recovered and providing corroborative proof of service

5. Institute an Action for Recovery of Premises

The landlord may institute an action for recovery of the premises either at the Magistrate Court or the High Court of the division where the premises is situated where the tenant refuses or neglects to vacate or give up possession of the premises to the Landlord after the expiration of the seven (7) days notice of intent to recover possession. This legal action for recovery of premises is the final stage of the landlord eviction process.

While both the Magistrate and High Courts have jurisdiction in this matter, it is to be noted that pursuant to Section 28(1)(a) of the Lagos State Magistrate Court Law, an action should only be instituted at the Magistrate court where the value of the rent of the premises is or below the sum of ten million naira (N10,000,000) at the time of filing the action. Thus, where the value exceeds #10,000,000, an action must be filed at the High Court. Alternatively, the landlord could still pursue the matter at the magistrate court even where the rent is over ten million naira (N10,000,000), which is the monetary jurisdiction of the Magistrate court, provided he agrees to forfeit the remaining sum. In this situation, the magistrate court will still be clothed with jurisdiction. It is important to note that the monetary limitation of ten million naira (N10,000,0000) for the magistrate court only applies to the agreed rent between the landlord and the tenant. Kindly note that mesne profit and any accrued interest or damages above the monetary limitation of the magistrate court could be recovered provided the actual claim/rent is within the limitation.

In conclusion, it is vital for a landlord seeking to complete a successful landlord eviction to follow all the procedure enumerated above without which he may become guilty of an offense under Section 44 of the Lagos State Tenancy Law, or become liable in tort against the tenant as well.

Contact a legal practitioner to properly guide you through these processes.

AUTHOR: JUSTICE OJIENOH