The owner of a property is usually regarded as the alpha and omega of his property, thus, the right to do with his property as he pleases, which include to evict a tenant. However the right of a landlord over a premises is subject to a tenancy agreement agreed upon by the landlord and his tenants. Tenancy agreements and tenancy relationship between Landlord and tenants is regulated by the tenancy laws of various states in Nigeria, which are largely the same, to protect the rights and interest of tenants against unlawful and forceful eviction.
Section 25 of the Lagos State Tenancy Law, 2011 provides the grounds upon which a landlord can evict a tenant from his premises as follows;
- Where the tenant owe arrears of rent.
- Where there is a breach of tenancy agreement.
- Where the Landlord need it for personal purpose.
- Where the premises is being used for immoral or illegal purpose.
- 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 intolerable nuisance
Procedures and Steps To Evict a Tenant
- Determine the applicable law
Various states have different tenancy laws, however, they are largely the same. Also, the application of the law may be restricted. For example, Section 1(3) of the Lagos State Tenancy Law 2011 provides that the law does not apply to Apapa, Ikeja GRA, Ikoyi, and Victoria Island areas of Lagos.
- 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.
The period of notice per Section 13 of the 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has elapsed, or where the occupier of the premises is merely a licensee, provided the license has expired or has been withdrawn.
- Issuance of notice of intent to recover possession
After the expiration of the period of 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.
Proper Service of Notice
Section 20 of the Lagos State Tenancy Law provides that all notice under the 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
Institute an Action to Evict a Tenant
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 the premises after the expiration of the seven (7) days notice of intent to recover possession.
While both the Magistrate and High Courts have jurisdiction in this matter, it is to be noted that per Section 28(1) a of the Lagos State Magistrate Court Law, an action should only be instituted at the Magistrate where the value of the rent of the premise is or below the sum of ten million naira (#10,000,000) at the time of filing the action. Thus, where the value exceeds #10,000,000, an action must be filed at the High Court.
In conclusion, it is vital for a landlord seeking to evict his tenants 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.
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