Frustrated? Bought a Property with Existing Tenants Who Refuse to Leave? Here’s What to Do!
Introduction
Purchasing a property in Nigeria is a significant achievement, but what happens when you inherit stubborn tenants who adamantly refuse to vacate the premises? It’s not just frustrating—it can become a costly and emotionally draining legal battle if mishandled(property with existing tenants in Nigeria)
This article explores your legal rights as a buyer, what steps to take when tenants refuse to leave after purchase, and how to resolve the matter legally and strategically without jeopardizing your investment. If you’re a property buyer dealing with a tenancy dispute, this guide is your lifeline.
Why Properties with Existing Tenants Can Be Problematic
Buying a property that is already occupied by tenants may seem straightforward, but it becomes tricky when:
•The buyer intends to use the property for personal or family use;
•The tenancy agreement has expired or is invalid;
•The buyer was not properly briefed on the tenancy situation prior to purchase;
•The tenants refuse to recognize the buyer as the new landlord;
•The tenants simply refuse to vacate.
In Nigeria, the law protects both the landlord and the tenant. As a result, forcefully ejecting a tenant is illegal and can expose a buyer to civil or even criminal liability. So, what can you do?
Step 1: Understand the Nature of the Tenancy
Before taking any action, you must first determine the type of tenancy in place:
•Fixed-term tenancy: This tenancy has a start and end date. If it’s expired, the tenant may be holding over.
•Periodic tenancy: Renewed weekly, monthly, or yearly without a fixed end date.
•Statutory tenancy: Occurs when a tenant remains in possession after the expiration of a lease and pays rent with the landlord’s consent.
Knowing the type of tenancy will guide the correct legal procedure to follow.
Step 2: Confirm You Have Legal Title to the Property
You cannot demand possession of the property without proof that you are the new legal owner. Ensure the following documents are in place:
•Deed of Assignment or Sale Agreement
•Proof of payment
•Valid title documents (C of O, Registered Deed, Governor’s Consent)
•Landlord-to-tenant notification letter indicating you as the new owner
Step 3: Issue a Formal Notice to Quit
Tenancy laws in Nigeria require that tenants be served proper legal notices, even when their rent has expired or they were not directly your tenants.
Depending on the type of tenancy, you will need to:
•Serve a Notice to Quit (7 days, 1 month, or 6 months depending on the agreement or period of tenancy).
•If no agreement exists, rely on statutory provisions under the Recovery of Premises Act or relevant tenancy law in your state.
Important: The notice must be served correctly, and failure to do this can invalidate the eviction process.
Step 4: Serve a Notice of Owner’s Intention to Recover Possession
Once the Notice to Quit expires and the tenant refuses to vacate, the next step is to serve a 7-day Notice of Owner’s Intention to Apply to Court to Recover Possession. This is the final step before filing a lawsuit.
Step 5: File a Court Action for Possession
If the tenants still refuse to vacate, the next step is to approach the Magistrate or High Court (depending on the property’s location) and seek:
•Possession Order
•Mesne Profits (compensation for use of your property after expiry of tenancy)
•Damages for trespass (if applicable)
Let your lawyer handle this professionally. Courts are likely to grant possession if you’ve followed due process and proven ownership.
Step 6: Never Take the Law into Your Hands
Many buyers make the mistake of:
•Locking the tenant out
•Removing the roof or doors
•Harassing or threatening tenants
•Seizing tenant’s belongings
These acts are illegal and can attract criminal charges under Nigerian law. Always follow due process.
Step 7: Engage a Professional Property Lawyer
Navigating tenancy disputes requires legal expertise. You need a lawyer who understands tenancy laws, landlord rights, court processes, and can protect your interest.
At Chaman Law Firm, we have successfully handled multiple property purchase and tenant eviction cases. We ensure your rights as a buyer are upheld while avoiding legal pitfalls that delay property possession.
Common Mistakes Property Buyers Make
•Assuming purchase alone gives immediate possession rights
•Not serving notices properly
•Engaging in self-help methods
•Not hiring a lawyer
•Ignoring tenancy laws in their state (Lagos, Abuja, Rivers, etc.)
Don’t fall into these traps. They can cost you months of delay and additional legal fees.
Practical Advice from Experience
•Always inspect the property with your lawyer before buying
•Ask for tenancy agreements and rent receipts during due diligence
•Factor in possible eviction timelines before finalizing your purchase
•Never negotiate directly with stubborn tenants without legal guidance
•Document everything – letters, messages, receipts, notices
Final Thoughts
Buying a property with existing tenants can be a blessing or a burden—depending on how you handle it. Whether you’re dealing with defiant tenants or inherited occupants who don’t want to leave, remember: there’s always a legal way out.
Don’t compromise your investment. Don’t waste time with illegal shortcuts. Follow due process, and let experienced professionals help you take possession of your property legally and effectively.
Take Action Now – Let Chaman Law Firm Help You
Are you a property buyer struggling with tenants who refuse to vacate your new property? Let us handle it for you. Our firm specializes in property and tenancy law across Nigeria. We’ll guide you from notice to possession without stress.
Contact Chaman Law Firm Today:
•Phone: 08065553671, 08096888818
•Email: chamanlawfirm@gmail.com
•Office Address: 115, Obafemi Awolowo Way, Allen Junction, Beside Lagos Airport Hotel, Ikeja, Lagos
•Website: www.chamanlawfirm.com
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