Introduction
Tenant eviction is one of the most sensitive and frequently contested aspects of property management and real estate practice in Lagos. For landlords, it is often the last resort after failed attempts to recover possession amicably. For tenants, eviction represents a major disruption — and in many cases, a battle for fairness.
In Lagos, eviction is not an arbitrary act. It follows a strictly regulated legal process governed by the Lagos State Tenancy Law, 2011, the Recovery of Premises Law, and other judicial precedents. A landlord cannot lawfully evict a tenant by force, intimidation, or locking out the tenant without following the proper procedure. Doing so constitutes illegal eviction, punishable under Lagos law.
This article provides a comprehensive guide to the step-by-step legal procedure for tenant eviction in Lagos — detailing the rights of both landlords and tenants, essential notices, court processes, and how to avoid the common mistakes that render eviction proceedings void.
Understanding Eviction Under Lagos Law
Eviction, in legal terms, refers to the lawful process by which a landlord recovers possession of a rented property from a tenant. It can arise due to various reasons such as:
- Non-payment of rent
- Breach of tenancy terms
- Expiration of tenancy without renewal
- Use of premises for illegal purposes
- Need for the landlord’s personal occupation
Under the Lagos State Tenancy Law (2011), both landlords and tenants are entitled to statutory rights and protections, ensuring that evictions are carried out lawfully and fairly.
Legal Foundation for Eviction in Lagos
The primary laws governing tenant eviction in Lagos include:
- Lagos State Tenancy Law, 2011
- Applies to all parts of Lagos except federal and government-owned properties.
- Sets out the procedures, notice periods, and court jurisdiction for tenancy matters.
- Recovery of Premises Law, Cap 118, Laws of Lagos State 2015
- Provides detailed provisions on how possession of premises may be legally recovered.
- Sheriffs and Civil Process Act
- Governs the enforcement of court orders, including writs of possession.
- Case Law
- Judicial decisions interpreting eviction procedures and notice requirements (e.g., Ayinke Stores Ltd v Adebogun (2008)).
Grounds for Tenant Eviction
Eviction must be based on valid legal grounds. Common lawful reasons include:
- Non-Payment of Rent: When a tenant defaults in rent payment after due notice.
- Breach of Covenant: When a tenant violates key terms, such as subletting without consent or using the premises illegally.
- Expiration of Tenancy: Where the tenancy period has expired and the landlord seeks to recover possession.
- Nuisance or Damage: When a tenant causes damage or nuisance to neighbors.
- Personal Use by Landlord: When the landlord intends to occupy the property personally.
- Redevelopment or Reconstruction: If the landlord needs to rebuild or renovate the property substantially.
Step-by-Step Legal Process for Tenant Eviction in Lagos
Step 1: Determine the Nature of Tenancy
Before initiating eviction, the landlord must determine the category of tenancy — as it determines the notice period required by law.
The tenancy may be:
- Yearly Tenancy
- Half-Yearly Tenancy
- Quarterly Tenancy
- Monthly Tenancy
- Weekly Tenancy
Each category carries specific notice requirements under Section 13 of the Lagos State Tenancy Law, 2011.
Step 2: Serve Statutory Notices
Eviction proceedings cannot lawfully begin without first issuing the necessary statutory notices. There are two major notices:
(a) Notice to Quit
This is the first formal step. It informs the tenant of the landlord’s intention to terminate the tenancy. The duration depends on the type of tenancy:
| Type of Tenancy | Notice Period |
|---|---|
| Yearly Tenancy | 6 Months |
| Half-Yearly Tenancy | 3 Months |
| Quarterly Tenancy | 3 Months |
| Monthly Tenancy | 1 Month |
| Weekly Tenancy | 1 Week |
Example:
For a tenant who pays rent annually, the landlord must give a six-month notice to quit before filing for eviction.
(b) Seven (7) Days Owner’s Intention to Recover Possession
After the expiration of the Notice to Quit, the landlord (or lawyer) must issue a 7-day owner’s intention to recover possession. This notice informs the tenant that if they fail to vacate within 7 days, the landlord will proceed to court.
This notice is mandatory; omission renders any subsequent eviction null and void.
Step 3: Engage a Legal Practitioner
At this stage, the landlord should engage a qualified property lawyer to handle the eviction process. A lawyer ensures that the notices are properly drafted, served, and recorded, and subsequently files the necessary court action.
Under Lagos law, tenancy matters can only be determined by the Magistrate Court or High Court (depending on rent value and location).
Step 4: File a Claim for Possession in Court
If the tenant fails to vacate after the expiration of both notices, the landlord’s lawyer files a claim for possession at the Magistrate Court within the jurisdiction of the property. The claim typically includes:
- Recovery of possession
- Arrears of rent (if any)
- Mesne profits (rent payable after tenancy expiration)
- Costs of action
The court will then serve the tenant with the court process, giving them an opportunity to respond.
Step 5: Tenant’s Response and Court Hearing
The tenant has the right to appear in court to contest the claim or negotiate settlement. The court will hear both parties, review evidence, and determine whether the eviction is justified.
If the landlord proves proper service of notices and valid grounds for recovery, the court will grant an Order for Possession.
Step 6: Judgment and Order of Possession
Upon successful proof, the court issues an Order for Possession — the legal instrument authorizing the landlord to reclaim the premises. The court may also order the tenant to pay:
- Outstanding rent
- Mesne profits
- Legal costs
The judgment typically specifies the date by which the tenant must vacate the premises.
Step 7: Enforcement of the Court Order
If the tenant still refuses to vacate after judgment, the landlord’s lawyer will apply for a Writ of Possession through the Sheriff of the Court. This authorizes court officials to lawfully eject the tenant and restore possession to the landlord.
Self-help eviction (e.g., locking doors or removing tenant property) is illegal and punishable under Lagos law.
Practical Timeline for Eviction
While the law specifies minimum notice periods, the actual timeline depends on cooperation from both parties and court workload. On average:
- Notice to Quit: 1–6 months
- 7-Day Notice: 7 days
- Court Proceedings: 2–6 months
- Execution: 1–2 weeks after judgment
Thus, eviction can take 4 to 8 months in total, depending on circumstances.
Legal Documents Required for Eviction
- Tenancy Agreement (if any)
- Receipts of Rent Payments
- Notice to Quit (copy and affidavit of service)
- 7-Day Owner’s Intention to Recover Possession
- Title Document or Evidence of Ownership
- Statement of Claim
- Court Summons
Case Study 1: Non-Payment of Rent in Surulere
A landlord in Surulere served his tenant a one-month notice for a yearly tenancy, instead of six months. The tenant challenged the eviction, and the court held that the notice was defective and therefore invalidated the entire process.
Lesson: Strict compliance with statutory notice requirements is non-negotiable.
Case Study 2: Commercial Tenant in Ikeja
A shop owner rented a commercial space in Ikeja under a monthly tenancy. After repeated defaults, the landlord served proper notices and proceeded to court. The court granted possession but ordered the landlord to refund excess rent collected in advance, citing the Lagos Tenancy Law (Section 4), which forbids advance rent beyond six months for periodic tenancies.
Lesson: Even landlords must adhere to statutory rent provisions.
Common Mistakes That Render Eviction Invalid
- Failure to Serve Proper Notice: Notices must follow the correct format and period.
- Improper Service of Notice: Notices must be served personally or via substituted means approved by the court.
- Skipping the 7-Day Notice: Mandatory and cannot be overlooked.
- Unlawful Eviction: Evicting without court order amounts to trespass.
- Using Wrong Court Jurisdiction: File in the Magistrate Court nearest the property.
- No Proof of Ownership: The landlord must establish title or authority to lease.
- Inconsistent Dates: The expiration of the notice must align with rent due dates.
Role of Lawyers in the Eviction Process
A competent property lawyer is indispensable in eviction proceedings. The lawyer:
- Drafts and serves the correct notices
- Ensures compliance with statutory timelines
- Files and prosecutes court actions
- Represents the landlord or tenant in court
- Ensures lawful enforcement of judgments
At Chaman Law Firm, we handle all eviction-related matters with precision and professionalism — protecting landlords’ interests while ensuring compliance with the law.
Alternative Dispute Resolution (ADR) in Eviction
Lagos courts encourage mediation and settlement before full litigation. Through ADR centers such as the Lagos Multi-Door Courthouse (LMDC), landlords and tenants can reach amicable agreements on rent arrears, payment timelines, or voluntary surrender — saving time and legal costs.
Tenant’s Rights During Eviction
While landlords have a right to recover possession, tenants also have protected rights, including:
- Right to be issued proper statutory notices.
- Right to fair hearing in court.
- Right to remain in the premises until a lawful order is obtained.
- Right to retrieve personal belongings after eviction.
- Right to damages if unlawfully evicted.
Penalties for Illegal Eviction
Under Section 44 of the Lagos State Tenancy Law (2011), any landlord who:
- Locks out a tenant,
- Removes roof or doors,
- Disconnects utilities, or
- Uses force to recover premises,
commits a criminal offence and is liable to:
- Fine of ₦250,000 or
- Imprisonment up to 6 months, or both.
Mesne Profits Explained
“Mesne profits” refer to the rent payable by a tenant who remains in occupation after the tenancy has expired but before lawful eviction. Courts usually calculate it based on the last rent rate, covering the period of unlawful occupation.
FAQ Section
1. Can a landlord evict a tenant without notice in Lagos?
No. All evictions must comply with statutory notice requirements. Any eviction without notice is illegal.
2. Who serves the eviction notice?
Typically, a lawyer or agent serves notices on behalf of the landlord.
3. Can a tenant refuse to leave after judgment?
Once a possession order is granted, refusal to vacate allows the landlord to apply for a Writ of Possession for lawful enforcement.
4. Can rent be increased before eviction?
No. Rent increments must follow the terms of the tenancy agreement and cannot be used as a pressure tactic during eviction.
5. Can a landlord cut off electricity or water to force eviction?
Absolutely not. Such acts constitute illegal eviction and attract criminal liability.
6. What happens to the tenant’s belongings after eviction?
The court bailiff supervises removal, and items are either stored or released to the tenant.
Recent Judicial Decisions
- Olawale v. Johnson (2021): Court emphasized that statutory notices are conditions precedent to lawful eviction.
- Okonkwo v. Ugochukwu (2019): Reiterated that landlords must not use self-help, regardless of the tenant’s default.
- Adewale v. Akinola (2020): Upheld validity of electronically served notice through email, provided acknowledgment was proven.
Digital Era and E-Notices
Modern Lagos courts are gradually recognizing digital service of notices (via email or WhatsApp) once proof of receipt is established. However, landlords must still keep hard copies and affidavits of service.
Conclusion
The legal process for tenant eviction in Lagos is detailed, procedural, and must be followed meticulously. Skipping any step — from proper notice to court judgment — can invalidate the entire process and expose the landlord to liability.
Eviction should never be confrontational; it should be lawful, documented, and procedurally correct. Whether you are a landlord seeking possession or a tenant protecting your rights, professional legal guidance is indispensable.
Call to Action
At Chaman Law Firm, we are experts in Property and Real Estate Law, handling landlord-tenant disputes, tenancy drafting, eviction proceedings, and property recovery across Lagos and Ogun States.
We represent both landlords and tenants, ensuring fairness, compliance, and peace of mind in all tenancy transactions.
Contact Us
Chaman Law Firm
115, Obafemi Awolowo Way,Allen Junction, Beside Lagos Airport Hotel, Ikeja, Lagos
�� 0806 555 3671, 08096888818,
