Introduction
In Lagos — Nigeria’s most vibrant commercial hub — landlords and property investors often face a common yet delicate challenge: how to recover their property from tenants lawfully. Whether it’s due to unpaid rent, breach of tenancy terms, or expiration of the tenancy period, recovering possession of rental property must follow a strict legal process.
Under the Lagos State Tenancy Law, 2011 and the Recovery of Premises Law, landlords are prohibited from using self-help methods such as locking tenants out, removing roofs, or cutting off utilities. Instead, they must adhere to laid-down legal procedures that balance their rights with the tenant’s legal protection.
This article provides a step-by-step legal guide on how to reclaim your rental space in Lagos legally, highlighting the statutory provisions, required notices, judicial process, and common mistakes landlords must avoid. It is a must-read for landlords, property managers, and legal practitioners handling real estate matters in Lagos.
Understanding Property Recovery Under Lagos Law
What Is Property Recovery?
Property recovery refers to the lawful process through which a landlord regains possession of a rented property from a tenant. It becomes necessary when:
- The tenant fails to pay rent;
- The tenant refuses to vacate after tenancy expiration;
- The tenant breaches tenancy obligations; or
- The landlord needs the property for personal use or redevelopment.
In Lagos, property recovery must comply with Sections 13–17 of the Lagos State Tenancy Law, 2011, and the procedural requirements of the Recovery of Premises Law, Cap 118, Laws of Lagos State 2015.
Legal Framework for Property Recovery in Lagos
The principal laws governing the recovery of rented property are:
- Lagos State Tenancy Law, 2011
Governs tenancy relations in residential and commercial premises, defines notice periods, and protects against illegal eviction. - Recovery of Premises Law, Cap 118, Laws of Lagos State
Prescribes the legal steps to recover possession of property, including service of notices and court procedures. - Sheriffs and Civil Process Act
Regulates the enforcement of court judgments through writs of possession. - Judicial Precedents
Lagos courts have clarified numerous aspects of tenancy recovery through case law, ensuring fair application of these statutes.
Common Reasons for Property Recovery
Landlords may seek to recover possession for several lawful reasons, including:
- Non-payment of rent;
- Expiration of tenancy;
- Breach of tenancy covenants;
- Use of property for illegal purposes;
- Landlord’s personal occupation; or
- Reconstruction, redevelopment, or sale of the property.
Each of these grounds must be clearly established through evidence and due process.
Illegal Eviction: What the Law Forbids
The law in Lagos strictly prohibits self-help or forceful eviction. Section 44 of the Lagos State Tenancy Law, 2011 states that:
“Any person who demolishes, alters, removes or modifies any part of a building, or interferes with the tenant’s access to the property without a court order, commits an offence and is liable on conviction to a fine of ₦250,000 or six months’ imprisonment, or both.”
Hence, no landlord is permitted to:
- Remove a tenant’s door or roof;
- Disconnect power or water supply;
- Lock out the tenant;
- Harass or intimidate the tenant; or
- Employ thugs or police to recover possession.
All property recovery must go through the court.
Step-by-Step Legal Process for Property Recovery in Lagos
Step 1: Identify the Type of Tenancy
Before taking any action, the landlord or lawyer must determine the nature of tenancy:
- Yearly tenancy
- Half-yearly tenancy
- Quarterly tenancy
- Monthly tenancy
- Weekly tenancy
The type of tenancy determines the notice period required by law.
Step 2: Serve the Statutory Notices
Property recovery starts with serving two mandatory notices:
1. Notice to Quit
This informs the tenant that the tenancy is being terminated and specifies when to vacate.
Duration of Notice (as per Section 13, Lagos Tenancy Law, 2011):
| Tenancy Type | Notice Period |
|---|---|
| Yearly Tenancy | 6 Months |
| Half-Yearly Tenancy | 3 Months |
| Quarterly Tenancy | 3 Months |
| Monthly Tenancy | 1 Month |
| Weekly Tenancy | 1 Week |
Note: For a fixed-term tenancy, no notice is needed once the term expires — only the 7-day owner’s notice applies.
2. Seven (7) Days Owner’s Intention to Recover Possession
After the expiration of the “Notice to Quit,” a 7-day notice must be served to inform the tenant that the landlord intends to approach the court for possession.
Failure to serve this notice renders any court action premature and invalid.
Step 3: File a Claim for Recovery in Court
Once both notices expire without compliance, the landlord’s lawyer files a claim for recovery of possession in the Magistrate Court within the jurisdiction where the property is located.
The claim typically seeks:
- Recovery of possession;
- Outstanding rent arrears;
- Mesne profits (rent due after tenancy expiration); and
- Legal costs.
The tenant is then served with the court summons and given an opportunity to respond.
Step 4: Court Hearing and Evidence
During the court proceedings:
- The landlord must prove ownership or entitlement to possession.
- The lawyer must tender the tenancy agreement (if any), rent receipts, and evidence of notice service.
- The tenant may present defenses such as defective notice or breach of landlord obligations.
The court evaluates both sides and delivers judgment based on the merits and compliance with due process.
Step 5: Judgment and Order for Possession
If the court finds in favor of the landlord, it grants an Order of Possession — legally authorizing the landlord to recover the property. The court may also award:
- Outstanding rent arrears;
- Mesne profits; and
- Legal and filing costs.
Step 6: Enforcement of Judgment
If the tenant refuses to vacate after judgment, the landlord applies for a Writ of Possession. The court bailiff (not the landlord) enforces the order by physically recovering the property and handing it over to the landlord.
The process must be supervised by the Sheriff of the Court to prevent abuse.
Legal Documents Required
To ensure smooth property recovery, the following documents are essential:
- Tenancy agreement or proof of tenancy;
- Rent receipts or rent ledger;
- Notice to Quit;
- 7-Day Owner’s Intention to Recover Possession;
- Proof of service (affidavit or acknowledgment);
- Evidence of ownership (title documents);
- Statement of claim;
- Court summons.
Case Study 1: Non-Payment of Rent (Lekki Phase 1)
In Oluwole v. Adebisi (2021), the tenant failed to pay rent for 8 months but argued that the landlord’s notice was defective. The court examined the notices and found that the landlord issued a three-month notice instead of the required six-month notice for a yearly tenancy. The court struck out the case.
Lesson: Accuracy in notice duration is critical. Any procedural defect can invalidate the process.
Case Study 2: Expired Tenancy and Refusal to Vacate (Ikeja)
A tenant in Ikeja refused to vacate a property after his annual tenancy expired. The landlord served a 7-day owner’s notice and filed for possession. The court ruled in favor of the landlord, emphasizing that once tenancy has expired and notice to quit is not required, the 7-day notice suffices.
Lesson: Fixed-term tenancies do not require a fresh notice to quit once the period lapses.
Role of Lawyers in Property Recovery
Recovering possession requires legal precision. A property lawyer:
- Determines applicable notice type and duration;
- Drafts and serves valid notices;
- Files the recovery action;
- Represents the landlord in court;
- Ensures lawful enforcement of judgment.
At Chaman Law Firm, we handle all tenancy recovery matters with professionalism, ensuring landlords recover their premises swiftly and lawfully.
Alternative Dispute Resolution (ADR)
Before litigation, landlords can explore mediation or arbitration, especially at the Lagos Multi-Door Courthouse (LMDC). ADR can save time, preserve relationships, and reduce costs while still achieving lawful recovery.
Common Mistakes Landlords Make
- Serving the wrong type of notice.
- Using self-help or intimidation.
- Filing recovery in the wrong court jurisdiction.
- Failing to provide proof of ownership.
- Proceeding without a qualified property lawyer.
- Evicting tenants before a valid court order.
- Refusing to issue rent receipts.
These mistakes can result in case dismissal or criminal prosecution under Lagos law.
Tenant’s Rights During Property Recovery
While the landlord has a right to reclaim possession, the tenant has corresponding rights:
- Right to be served with proper statutory notices.
- Right to challenge defective notices in court.
- Right to remain in possession until a lawful order is made.
- Right to fair hearing and representation.
- Right to damages if unlawfully evicted.
The law seeks to balance both parties’ interests.
Mesne Profits Explained
“Mesne profits” are the rent payable by a tenant who remains in possession after the tenancy has expired but before lawful eviction. It compensates the landlord for loss of use of the property during unlawful occupation.
How Long Does Property Recovery Take in Lagos?
The timeframe depends on several factors — type of tenancy, cooperation from the tenant, and court workload. Typically:
- Notice to Quit: 1–6 months
- 7-Day Notice: 7 days
- Court Proceedings: 2–6 months
- Enforcement: 1–2 weeks
In total, recovery may take between 4 to 8 months, though efficient legal handling can shorten the process.
Penalties for Illegal Eviction
Under Section 44 of the Lagos Tenancy Law, a landlord who evicts a tenant unlawfully is liable to:
- Fine of ₦250,000 or
- Imprisonment for up to 6 months, or both.
Furthermore, the tenant may sue for damages and reinstatement.
Frequently Asked Questions (FAQs)
1. Can I evict my tenant without going to court?
No. All property recovery in Lagos must be sanctioned by a court order.
2. Who should serve the notices?
Notices should be drafted and served by a qualified lawyer or agent on behalf of the landlord.
3. Can I change the locks after notice expiration?
No. Doing so amounts to illegal eviction and attracts penalties.
4. What if the tenant refuses to collect notice?
Your lawyer may apply for substituted service, such as pasting the notice on the property or publication in a newspaper.
5. How can I recover unpaid rent?
Include a claim for arrears and mesne profits when filing for possession.
6. Can a tenant be evicted for renovation purposes?
Yes, but only after issuing proper notice and securing court approval.
7. Can a tenant appeal eviction judgment?
Yes. The tenant may appeal to the High Court of Lagos State, though enforcement may proceed unless a stay of execution is granted.
Recent Judicial Interpretations
- Adeniji v. Morakinyo (2020): Court reaffirmed that self-help eviction violates constitutional property rights.
- Okafor v. Yusuf (2021): Reiterated that defective notices cannot be waived, even by tenant conduct.
- Adebayo v. Ogunlana (2019): Validated substituted service where tenants deliberately evade notice collection.
Digital Evolution: E-Notices and Court Processes
With Lagos courts embracing technology, landlords can now serve notices via email or WhatsApp, provided receipt is acknowledged. Online filing of tenancy cases is also becoming more accessible under the Lagos Judiciary’s digital case management system.
Case Study 3: Recovery Through Mediation (Surulere)
A landlord sought eviction due to two years’ unpaid rent. The tenant admitted default and requested three months to vacate. Through mediation at the Lagos Multi-Door Courthouse, both parties signed a settlement agreement supervised by the mediator — avoiding prolonged litigation.
Lesson: ADR can resolve tenancy disputes quickly while maintaining cordial relations.
Practical Tips for Landlords
- Always issue rent receipts and keep proper records.
- Engage a property lawyer before taking action.
- Avoid physical confrontation with tenants.
- Follow statutory timelines strictly.
- Maintain a clear paper trail of all correspondence.
Conclusion
Recovering your property in Lagos requires patience, legal precision, and strict adherence to due process. The Lagos State Tenancy Law and Recovery of Premises Law protect landlords’ rights, but only if followed meticulously.
Unlawful eviction not only attracts criminal penalties but can also lead to financial losses and reputational damage. Hence, landlords and property managers must engage experienced legal professionals to ensure smooth, lawful, and enforceable property recovery.
Call to Action
At Chaman Law Firm, we specialize in Property and Real Estate Law, helping landlords, developers, and investors reclaim their rental spaces lawfully and efficiently. Our team of property law experts ensures that every step — from notice preparation to court enforcement — complies fully with the Lagos Tenancy Law, 2011.
Contact Us
Chaman Law Firm
115, Obafemi Awolowo Way,Allen Junction, Beside Lagos Airport Hotel, Ikeja, Lagos
📞 0806 555 3671, 08096888818,
