What Are the Legal Steps to Evict a Tenant in Lekki?
Introduction
Evicting a tenant in Lekki or anywhere in Lagos State requires more than mere notice or verbal instruction—it is a legal process governed by the provisions of the Lagos State Tenancy Law 2011 and the Recovery of Premises Law of Lagos State. While many landlords are tempted to “handle” eviction matters privately by locking the premises, cutting off electricity, or removing the tenant’s belongings, such actions are illegal and can lead to criminal prosecution.
In Lekki’s thriving real estate market—where rent values are high and disputes are common—landlords must strictly follow the legal steps to evict a tenant. Failure to do so can nullify the entire eviction process, lead to damages being awarded to the tenant, and expose the landlord to serious legal penalties.
This article comprehensively explains the legal steps to evict a tenant in Lekki, the documentation involved, timeframes, landlord and tenant rights, case examples, and frequently asked questions. It is written to guide both landlords and property managers in Lekki on how to carry out eviction lawfully, efficiently, and without unnecessary conflict.
Understanding Tenant Eviction in Lekki
Tenant eviction refers to the lawful recovery of possession of rented property from a tenant who has either defaulted on rent, breached the tenancy agreement, or refused to vacate after proper notice. In Lekki—one of Lagos State’s most developed residential zones—tenancy relationships are guided by written agreements, estate rules, and the Lagos Tenancy Law 2011.
The law provides that no landlord may evict a tenant without due process of law. This means that even when rent is overdue or a tenant violates terms of the lease, the landlord must still issue proper notices and, if necessary, approach the court to recover possession. Any eviction done without following the law is illegal and punishable by fine or imprisonment.
Legal Framework Governing Tenant Eviction in Lekki
The key laws regulating eviction in Lekki include:
Lagos State Tenancy Law 2011
Recovery of Premises Law, Cap 118, Laws of Lagos State 2015
Landlord and Tenant (Rent Control and Recovery) Law
Evidence Act
Magistrate Courts Law of Lagos State
These laws set out the procedural steps, notice periods, and conditions under which a landlord may recover premises. The courts that handle such matters are the Magistrate Courts or the High Courts of Lagos State, depending on the rental value and location.
When Can a Landlord Legally Evict a Tenant?
Under the law, a landlord in Lekki can only evict a tenant under specific, legally recognized grounds, such as:
Non-payment of rent: The tenant fails to pay rent when due.
Violation of tenancy agreement: The tenant uses the property contrary to agreed terms (e.g., turning residential property into commercial use).
Property damage or nuisance: The tenant causes significant damage or disturbance to other occupants.
Expiration of tenancy: The agreed term has ended and the tenant refuses to vacate.
Requirement for personal use: The landlord needs the property for personal or family occupation.
Illegal or immoral activities: The tenant uses the property for illegal or unethical purposes.
Even in these cases, eviction cannot proceed without compliance with the law.
Common Misconceptions About Eviction
Many landlords in Lekki make mistakes because they misunderstand the law. Below are some common misconceptions:
“I can just lock the tenant out.”
❌ False. Locking a tenant out is illegal.“Once rent expires, the tenant has no right.”
❌ False. A tenant remains a statutory tenant until due process is followed.“If I give verbal notice, it’s enough.”
❌ False. Notices must be written, dated, and properly served.“The police can eject a tenant.”
❌ False. Only the court can order lawful eviction.
Understanding these principles is crucial before proceeding with any eviction.
Step-by-Step Legal Process for Evicting a Tenant in Lekki
Evicting a tenant legally involves multiple steps, each backed by statutory requirements. The following process ensures compliance with the Lagos Tenancy Law.
Step 1: Serve a Valid Notice to Quit
This is the first legal step toward eviction. The Notice to Quit formally informs the tenant that the landlord intends to terminate the tenancy.
The duration of the notice depends on the type of tenancy:
Weekly tenancy: 1 week’s notice
Monthly tenancy: 1 month’s notice
Quarterly tenancy: 3 months’ notice
Half-yearly tenancy: 3 months’ notice
Yearly tenancy: 6 months’ notice
The notice must include:
The tenant’s name and address.
The property description.
The date the tenancy will expire.
A clear statement requiring the tenant to vacate.
The notice must be signed by the landlord or lawyer and served personally or by registered courier.
Step 2: Serve the “Owner’s Intention to Recover Possession” (7-Day Notice)
After the Notice to Quit expires and the tenant refuses to leave, the next step is to issue a 7-day Owner’s Intention to Recover Possession.
This notice is provided under Section 13 of the Recovery of Premises Law of Lagos State and informs the tenant that legal action will be taken to recover the property unless they vacate within seven days.
This final notice often prompts many tenants to vacate voluntarily to avoid court action.
Step 3: File an Action for Recovery of Premises in Court
If the tenant still refuses to leave after the 7-day notice, the landlord must file an action for Recovery of Premises in the appropriate Magistrate Court or High Court.
The court filing should include:
The tenancy agreement.
Copies of the notices served.
Proof of service (e.g., delivery acknowledgment or witness statement).
Evidence of tenancy default or breach.
Once filed, the court will issue summons to the tenant to appear and defend the case.
Step 4: Court Hearing and Judgment
During the hearing, both landlord and tenant present their cases. The landlord must prove that:
A valid tenancy existed.
The required notices were served.
The tenant defaulted or overstayed.
If the court is satisfied, it will issue an Order for Possession, granting the landlord legal right to recover the property.
In some cases, the court may also order the tenant to pay rent arrears, damages for use and occupation, or costs of litigation.
Step 5: Enforcement of Court Order
Once the court grants an Order of Possession, the landlord can apply for warrant of possession through the court’s bailiff or sheriff. The bailiff will then carry out the eviction lawfully.
This is the only stage where physical removal of the tenant can occur—and it must be executed by the court’s authorized officer, not by the landlord personally.
Why Illegal Eviction Is Dangerous in Lekki
Many property owners have found themselves in legal trouble for attempting to eject tenants without following due process. The Lagos State Tenancy Law criminalizes illegal eviction, intimidation, or interference with a tenant’s peaceful occupation.
Under Section 44 of the Lagos Tenancy Law, any landlord or agent who unlawfully evicts or harasses a tenant faces:
Fine of up to ₦250,000, or
Imprisonment of up to 6 months, or both.
Illegal eviction methods include:
Locking out a tenant.
Removing tenant’s belongings.
Disconnecting power or water supply.
Threats or physical intimidation.
Landlords in Lekki must therefore rely strictly on legal processes to avoid costly mistakes.
How Long Does the Eviction Process Take in Lekki?
The eviction process duration depends on:
The type of tenancy.
How quickly notices are served.
The tenant’s response or defense.
The workload of the court.
Typically, eviction proceedings in Lekki can take between 3 to 6 months if uncontested, and longer if the tenant files an objection or appeal.
However, engaging an experienced property lawyer familiar with Lekki courts can help speed up the process through proper documentation and timely filing.
Role of a Property Lawyer in Eviction Matters
Eviction is a technical legal process. A property lawyer ensures that:
The correct notices are drafted and served.
Service procedures comply with law.
Proper evidence is presented in court.
The case is efficiently filed and prosecuted.
The landlord avoids liability for illegal eviction.
At Chaman Law Firm, we have handled numerous landlord-tenant matters in Lekki, ensuring landlords recover possession lawfully and without delay.
Case Study: Lawful Eviction of a Tenant in Lekki
Background:
A landlord in Lekki Phase 2 leased a 4-bedroom duplex for ₦8 million annually. After the first year, the tenant stopped paying rent, claiming financial hardship, but refused to vacate. The landlord, frustrated, threatened to lock the property.
Action Taken:
The landlord consulted Chaman Law Firm, which immediately advised against self-help eviction. The firm served a 6-month Notice to Quit, followed by a 7-day Owner’s Intention Notice, and subsequently filed an action for recovery of premises at the Magistrate Court.
Outcome:
After proper hearing, the court granted an Order for Possession and ₦1.2 million in damages for use and occupation. The court bailiff legally executed the eviction. The landlord regained his property without breaching any law.
Lesson:
Strict compliance with legal procedures is the safest and most effective way to evict tenants in Lekki.
Frequently Asked Questions (FAQ)
Q1. Can I evict a tenant in Lekki without going to court?
No. Even if rent is overdue, you must serve proper notices and obtain a court order before eviction.
Q2. How many notices must I serve before eviction?
At least two: the Notice to Quit and the Owner’s Intention to Recover Possession.
Q3. Can I use the police to evict a tenant?
No. The police cannot evict tenants; they only maintain peace. Only the court can authorize eviction.
Q4. What if the tenant damages my property before leaving?
You can include a claim for damages or caution fee deduction in your court action.
Q5. What if there is no written tenancy agreement?
You can still evict the tenant using notices based on the presumed tenancy type (monthly, yearly, etc.), as long as rent was collected.
Q6. How long does the process take?
Typically 3–6 months, depending on court schedules and the tenant’s defense.
Q7. What if the tenant abandons the property?
The landlord must still seek court confirmation of repossession to avoid legal risk.
Q8. Can a corporate tenant be evicted under the same process?
Yes. The same laws apply to both individuals and corporate tenants.
Q9. Is mediation necessary before going to court?
While not mandatory, mediation (e.g., through the Lagos Multi-Door Courthouse) can save time and preserve relationships.
Q10. Can the court award unpaid rent?
Yes. The court can award rent arrears, use and occupation fees, and damages.
Avoiding Eviction Disputes in the Future
To minimize the need for eviction:
Always use a written tenancy agreement drafted by a lawyer.
Verify tenant background before leasing.
Collect caution deposits to cover damages.
Ensure prompt issuance of receipts and notices.
Maintain regular communication and property inspection.
Proactive legal management prevents future conflicts and ensures peaceful occupancy.
Conclusion: Evict Lawfully, Not Forcefully
Evicting a tenant in Lekki is not about force or frustration—it is about following the law. The Lagos State Tenancy Law and the Recovery of Premises Law provide clear steps to recover possession legally. When a landlord adheres to these steps, eviction becomes smooth, enforceable, and protected from legal backlash.
Every landlord in Lekki should remember: a properly served notice and court order are your legal weapons. Do not risk your investment with shortcuts or unlawful eviction attempts.
At Chaman Law Firm, we specialize in landlord-tenant law, eviction proceedings, recovery of premises, and rent dispute resolution across Lekki and Lagos State. Our expert property lawyers handle every step—from notice preparation to final court enforcement—ensuring landlords regain possession lawfully and efficiently.
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