How Do I Legally Evict a Tenant in Ogun State?
A Step-by-Step Guide for Landlords Under Ogun State Tenancy Law
Introduction
Evicting a tenant can be one of the most difficult and stressful situations a landlord in Ogun State may face. But no matter the reason—whether it’s non-payment of rent, property misuse, or expiration of tenancy—it’s critical to understand that you cannot evict a tenant by force or intimidation.
Ogun State Tenancy Law outlines a clear legal process that landlords must follow to evict tenants lawfully and peacefully. Ignoring these rules can lead to serious legal consequences, including fines, court injunctions, and even criminal charges.
This article walks you through how to legally evict a tenant in Ogun State, step by step.
Chapter 1: When Can You Evict a Tenant?
Before starting the eviction process, you must be sure that you have valid legal grounds. Common reasons include:
1. Non-Payment of Rent
When a tenant fails to pay rent within the agreed time frame.
2. Breach of Tenancy Agreement
Includes illegal activities, subletting without consent, damaging the property, or violating agreed terms.
3. Expiry of Tenancy Period
If the tenancy term has ended and the tenant refuses to vacate.
4. Use of Property for Illegal Purposes
Drug activity, criminal behavior, or use of the property in ways not permitted by the tenancy agreement.
Chapter 2: Legal Steps to Evict a Tenant in Ogun State
Important Note:
Even if the tenant is at fault, you must follow due process. Any form of “self-help” eviction (e.g., changing locks, cutting electricity, removing the tenant’s belongings) is illegal in Nigeria and punishable by law.
Here is the correct procedure:
Step 1: Serve a Proper Notice to Quit
This is the first legal document you must serve to inform the tenant of your intention to terminate the tenancy.
How long should the notice be?
Weekly Tenant – 7 days’ notice
Monthly Tenant – 1 month (30 days) notice
Yearly Tenant – 3 months or 6 months’ notice (depending on agreement)
What should be included?
Address of the property
Reason for termination (if any)
Length of notice
Date the notice takes effect
Signature of landlord or lawyer
Always serve notice in writing and keep a copy.
Step 2: Serve a Notice of Owner’s Intention to Recover Possession (7 Days)
If the tenant refuses to vacate after the Notice to Quit expires, you must serve a 7-day Notice of Owner’s Intention to Apply to Court for Possession.
This tells the tenant that if they don’t leave, you’ll proceed with legal action.
Step 3: File an Eviction Suit in the Appropriate Court
If the tenant still doesn’t vacate, you must file an action at the Magistrate Court or High Court within the jurisdiction where the property is located.
Documents You’ll Need:
Copy of the tenancy agreement (if available)
Evidence of served notices
Rent ledger or evidence of non-payment (if applicable)
Any communication showing the tenant breached the agreement
The court will schedule a hearing and issue a summons to the tenant.
Step 4: Attend Court Hearings
Both you and the tenant will be given a chance to present your case. If the court is satisfied that:
You followed due process
The tenant has no valid defense
…then the court will issue a Possession Order.
This order authorizes the landlord to take back the property—legally.
Step 5: Enforce the Court Order (If Necessary)
If the tenant still refuses to leave after the court grants possession, you must return to court and request a Warrant of Possession.
Only court bailiffs or sheriffs are allowed to enforce this order.
Do NOT attempt to forcefully remove the tenant yourself. That’s illegal eviction.
Chapter 3: Sample Timeline of Legal Eviction Process
| Stage | Time Estimate |
|---|---|
| Serve Notice to Quit | 7–180 days (based on tenancy type) |
| Serve Notice of Owner’s Intention | 7 days |
| File in Court | 1–2 weeks |
| Court Hearing | 2–6 weeks |
| Possession Order Granted | Same day or within 1 week |
| Enforcement | 1–2 weeks (if needed) |
Actual timeline may vary depending on court workload and tenant response.
Chapter 4: Illegal Eviction Methods to Avoid
These actions are prohibited by law and may result in legal penalties:
Locking out the tenant
Cutting water or electricity supply
Throwing out the tenant’s belongings
Harassment or threats
Breaking in or damaging the property
If you engage in any of these, the tenant may sue you for trespass, harassment, or breach of quiet enjoyment.
Chapter 5: Tips for a Smooth Eviction Process
Document everything — including all notices and tenant communication.
Keep receipts of rent payments and other records.
Hire a lawyer if you’re unsure of the process.
Avoid verbal confrontations with tenants.
Ensure the notice periods match the tenancy type.
Be patient — rushing the process can backfire.
Chapter 6: When You Need a Lawyer
While you can evict a tenant without a lawyer, it’s highly recommended to engage a legal professional if:
The tenant is contesting the eviction
You don’t have a written agreement
The tenant is claiming harassment
You’re evicting a corporate tenant or commercial leaseholder
Call to Action
Are you a landlord in Ogun State struggling to remove a tenant lawfully?
Let us help you draft legal notices
Get professional legal advice before going to court
Download free eviction templates and landlord checklists
Contact a tenancy lawyer today
Visit the Ogun State Judiciary website for more legal resources
Avoid mistakes. Follow the law. Protect your property.
Conclusion
Evicting a tenant in Ogun State requires patience, legal knowledge, and strict compliance with the Ogun State Tenancy Law. By following the correct steps—serving notices, filing in court, and enforcing with officials—you can protect your rights without breaking the law.
Remember, illegal eviction is a criminal offense and could cost you far more than the unpaid rent. Always seek legal advice and let the courts do their job.
Contact Us
Chaman Law Firm 115, Obafemi Awolowo Way,Allen Junction, Beside Lagos Airport Hotel, Ikeja, Lagos 📞 0806 555 3671, 08096888818,