How to Legally Evict a Tenant in Nigeria: Step-by-Step Guide
Evicting a tenant in Nigeria must follow a legal process. Whether your tenant has stopped paying rent, damaged the property, or overstayed their agreement, you cannot remove them forcefully or without due notice.
Illegal eviction can land a landlord in serious legal trouble, even if the tenant is clearly at fault. This guide will walk you through the legal steps to evict a tenant in Nigeria. However you must always seek proper legal advice from a competent lawyer such situations.
1. Review the Tenancy Agreement
Start by examining the terms of your written tenancy agreement, if one exists.
- Does it state how eviction should be handled?
- What is the notice period required?
- Are there specific clauses covering default or misconduct?
If there's no written agreement, Nigerian tenancy laws still apply based on the type of tenancy (monthly, yearly, etc.).
2. Serve a "Notice to Quit"
A Notice to Quit informs the tenant that they must vacate the property.
- Monthly tenancy: Requires at least 1-month notice
- Yearly tenancy: Requires 6-month notice
- Tenancy at will: Usually 7 days' notice
This notice must be:
- In writing
- Clearly dated
- Properly served to the tenant according to the agreement (for example, hand delivery or via registered courier)
3. Serve a 7-Day Notice of Owner's Intention to Recover Premises
After the Notice to Quit expires and the tenant refuses to leave, you must issue a 7-day Notice of Owner's Intention to Recover Premises.
This tells the tenant you will be going to court to take back possession. This is mandatory under Nigerian tenancy law before filing any legal action.
4. File an Eviction Suit in Court
If the tenant still refuses to vacate:
- File a case at the correct Court in the area where the property is located.
- Submit supporting documents:
- Tenancy agreement
- Copies of all notices served
- Evidence of rent default or breach of agreement
The court will schedule a hearing and both parties will be allowed to present their case.
5. Wait for Court Judgment
The judge will decide whether to:
- Grant possession to the landlord
- Give the tenant more time to vacate
- Dismiss the case if the landlord didn't follow due process
Once the court grants possession, the tenant must leave. If they refuse, a court bailiff may be authorised to enforce the order.
Avoid Self-Help Eviction
You must not:
- Change locks
- Remove the tenant's belongings
- Cut off water or electricity
- Use threats or force
These actions are considered illegal and can lead to fines or imprisonment.
DocuProp empowers landlords and property managers to effortlessly prepare and manage documents, with the added advantage of our proprietary Quit Notice Support (QNS). This innovative solution enables you to securely serve quit notices both electronically and physically, anywhere in Nigeria—while automatically keeping detailed records for your peace of mind.
