Introduction to Tenant Eviction

Imagine returning home after a long day’s work only to discover that your landlord has changed the locks, removed your belongings, and instructed the security guard not to let you in. No court order. No final notice. Just immediate expulsion.

Unfortunately, this scenario is not uncommon in Lagos. As property values rise and rental disputes increase, many landlords resort to self-help measures when tenants default on the payment of rent or when tenancy expires. However, under Nigerian law, eviction is a strict legal process, and failure to follow that process can render a landlord’s actions unlawful. This article examines when a landlord crosses the line from lawful recovery of premises into illegal eviction.

Evictions in Lagos are principally regulated by:

1. Lagos State Tenancy Law 2011[1][2]

2. Recovery of Premises Law, Laws of Lagos State
3. Applicable Magistrates’ Court Civil Procedure Rules

Important sections to note:

1. Section 4 of  Lagos State Tenancy Law 2011:[3]

-(1) It shall be unlawful for a landlord or his agent to demand or receive from a sitting tenant rent in excess of six (6) months from a monthly tenant and one (1) year from a yearly tenant in respect of any premises without prejudice to the nature of tenancy held at the commencement of the tenancy.

(2) It shall be unlawful for a sitting tenant to offer or pay rent in excess of one (1) year for a yearly tenant and six (6) months for a monthly tenant in respect of any premises.

 (3) It shall be unlawful for a landlord or his agent to demand or receive from a new or would be tenant rent in excess of one (1) year in respect of any premises.

 (4) It shall be unlawful for a new or would be tenant to offer or pay rent in excess of one (1) year in respect of any premises.

(5) Any person who receives or pays rent in excess of what is prescribed in this Section shall be guilty of an offence and shall be liable on conviction to a fine of One Hundred Thousand Naira (N100,000.00) or to three (3) months imprisonment

DUTIES OF A TENANT [4]

Section 7 provides:

(1) Pay the rents at the times and in the manner stated;

(2) pay all existing and future rates and charges not payable by the landlord by law;

(3) keep the premises in good and tenantable repair, reasonable wear and tear excepted;

(4) permit the landlord and his agents during the tenancy at all reasonable hours in the daytime after previous written notice, to view the condition of the premises and to effect repairs in necessary parts of the building;

 (5) Not make any alterations or additions to the premises without the written consent of the landlord;

(6) Not assign or sublet any part of the premises without the written consent of the landlord; and

 (7) Notify the landlord where structural or substantial damage has occurred to any part of the premises as soon as practicable.

DUTIES OF A LANLORD [5]

Section 8 provides;

Subject to any provision to the contrary in a tenancy agreement, the landlord shall;

• Not disturb the tenant’s quiet and peaceable enjoyment of the premises.
• Pay all rates and charges as stipulated by law.
• Keep the premises insured against loss or damage.
• Not terminate or restrict the use of a common facility or service for the use of the premises.
• Not seize any item or property of the tenant or interfere with the tenant’s access to his personal property.
• Effect repairs and maintain the external and common parts of the premises.

Understanding the Required Notices Tenant Eviction

Before commencing court proceedings, a landlord must comply strictly with statutory notice requirements.

1. Notice to Quit

The duration of the notice depends on the nature of the tenancy. According to Section 13 of  Lagos State Tenancy Law 2011;[6]

(a) A week’s notice for a tenant at will

(b) One (1) month’s notice for a monthly tenant

(c) Three (3) months’ notice for a quarterly tenant

(d) Three (3) months’ notice for a half-yearly tenant

(e) Six months’ notice for a yearly tenant.

2. Seven-Day Notice of Owner’s Intention to Recover Possession

After the Notice to Quit expires, the landlord must serve a further seven-day notice expressing the intention to apply to court for possession. Only after these notices have been properly served can the landlord approach the court. The law provides that:

Where a person is a licensee and upon the expiration or withdrawal of his licence, he refuses or neglects to give up possession, he shall be entitled to service of a seven (7) days notice of the owner’s intention to apply to recover possession as in Form TL4 in the Schedule to this Law. [7]

A landlord acts unlawfully in the following situations:

1. Eviction Without Serving Statutory Notices

If a landlord removes a tenant without first serving the required notices, the eviction is illegal, regardless of whether rent is owed. Courts have consistently invalidated evictions carried out without strict compliance with statutory notice provisions.

2. Resorting to Self-Help

Self-help eviction includes:

1. Changing locks

2. Throwing out belongings
3. Removing doors or roofing sheets
4. Disconnecting electricity or water
5. Using security agents to forcibly eject tenants
6. Harassment or intimidation

The Supreme Court in Ihenacho v Uzochukwu [8], condemned self-help eviction and held that a landlord who forcibly ejects a tenant in lawful occupation is liable in trespass and damages.

Similarly, in Akinkugbe v Ewulum Holdings Ltd [9], the Supreme Court reiterated that a landlord who forcefully takes possession without court process acts unlawfully and may be liable in substantial damages.

3. Eviction Without a Court Order

Even where:

• Proper notices have be[10]en served; and
• The tenant refuses to vacate;

The landlord must still approach the court for an order of possession.

In Eloichin (Nig) Ltd v Mbadiwe , the Supreme Court affirmed that recovery of premises must be through the judicial process. A landlord cannot unilaterally repossess property without obtaining a valid court judgment. Any eviction carried out without a court-issued warrant of possession is unlawful.

4. Harassment and Constructive Eviction

Some landlords avoid physical eviction but attempt to frustrate tenants into leaving by:

1. Repeated threats

2. Cutting essential services
3. Constant intrusion into the premises
4. Using area boys or estate security to intimidate occupants

Such conduct may amount to constructive eviction and expose the landlord to liability in damages for trespass, nuisance, and breach of quiet enjoyment.

What Can a Tenant Do If Illegally Evicted?

A tenant who is unlawfully evicted may:

1. File an action for damages for unlawful eviction
2. Seek an injunction restoring possession
3. Claim compensation for destroyed or missing property
4. Petition law enforcement authorities where force or violence was used

Lawful Eviction Procedure in Summary

For a landlord to act legally in Lagos, the following steps must be taken :

1. Serve the appropriate Notice to Quit
2. Serve the Seven-Day Notice of Owner’s Intention to Recover Possession
3. File a recovery of premises action in the appropriate court
4. Obtain judgment for possession
5. Execute the judgment through court bailiffs

Skipping any of these steps may render the eviction illegal and expose the landlord to civil liability.

Conclusion On Tenant Eviction

In Lagos, eviction is a legal procedure — not a personal decision. Even where rent is unpaid, or tenancy has expired, landlords must comply with statutory notice requirements while obtaining a court order before recovering possession. Any attempt to bypass this process constitutes unlawful eviction. For landlords, the safest route is strict compliance with the Tenancy Law.
For tenants, awareness of these protections is the first line of defence against arbitrary eviction.

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[1] Lagos State Tenancy Law 2011

[2] Recovery of Premises Law, Laws of Lagos State.

[3] Lagos State Tenancy Law 2011, S 4

[4] Lagos State Tenancy Law 2011, s 7

[5] Lagos State Tenancy Law 2011, s 8

[6] Lagos State Tenancy Law 2011, s 13

[7] Lagos State Tenancy Law 2011, s 14

[8] Ihenacho v Uzochukwu (1997) 1 SCNJ 117

[9] Eloichin (Nig) Ltd v Mbadiwe (1986) 1 NWLR (Pt 14).

[10]  Akinkugbe v Ewulum Holdings Ltd (2008) LPELR-346 (SC).

Contributors

OJIENOH SEGUN JUSTICE, ESQ.,

Lead Partner, EKO SOLICITORS & ADVOCATES

OGUNLEYE AYOMIDE FAITH

Graduate Trainee, EKO SOLICITORS & ADVOCATES

Tenant Eviction, Tenant Eviction, Tenant Eviction, Tenant Eviction, Tenant Eviction, Tenant Eviction, Tenant Eviction, Tenant Eviction, Tenant Eviction, Tenant Eviction, Tenant Eviction, Tenant Eviction.