Evicting a tenant in Nigeria is a legal process governed by the Recovery of Premises Act and state-level tenancy laws. Many landlords do not know the correct procedure — and some take shortcuts (changing locks, removing belongings, cutting utilities) that are illegal and can expose them to significant liability. This guide explains the correct process and what landlords absolutely must not do.
The legal framework
Tenant eviction in Nigeria is governed by two layers of law:
- Recovery of Premises Act (Federal): The primary federal legislation governing recovery of possession of premises from tenants. Establishes the notice requirements and court process.
- State tenancy laws: Several states have enacted their own tenancy legislation. Lagos State has the Lagos State Tenancy Law 2011, which introduces specific provisions for Lagos landlords and tenants — including enhanced tenant protections, specific notice requirements, and restrictions on certain landlord conduct.
The process below reflects the Lagos State Tenancy Law 2011 requirements — which are more detailed than the federal Act. Landlords in other states should consult a local solicitor for state-specific requirements.
Grounds for eviction
A landlord can seek to recover possession from a tenant on several grounds, including:
- Non-payment of rent
- Expiry of the tenancy term and notice period without renewal agreement
- Breach of tenancy agreement terms (e.g., subletting without consent, use of premises for illegal purposes)
- Nuisance or damage to the property
- Landlord wishing to use the property for own occupation or development (subject to proper notice)
The legal eviction process — step by step
Step 1: Notice to Quit
The first formal step is serving a Notice to Quit on the tenant. This is a written notice informing the tenant that the landlord requires them to vacate the premises by a specified date.
Required notice periods under the Lagos State Tenancy Law 2011:
- Monthly tenancy: 1 month's notice
- Quarterly tenancy: 3 months' notice
- Yearly tenancy: 6 months' notice
- Tenancy at will: 7 days' notice
The notice must be in writing, addressed to the tenant by name, and clearly state the date by which the tenant must vacate. It should be served personally on the tenant or left at the property.
Step 2: Expiry of notice period
After serving the Notice to Quit, wait for the full notice period to expire. If the tenant vacates voluntarily — the process ends here. If the tenant remains after the notice date, proceed to Step 3.
Step 3: 7-Day Notice of Owner's Intention to Apply for Recovery
Under the Recovery of Premises Act, before filing a court application, the landlord must serve a further written notice: the 7-Day Notice of Owner's Intention to Apply to Court for Recovery of Possession. This gives the tenant a final 7 days to vacate before court proceedings are initiated.
Step 4: File a court application
If the tenant still remains after the 7-day notice, the landlord files a claim for recovery of possession at the Magistrate Court (for most residential tenancies) or High Court. The application must include:
- Copies of the tenancy agreement
- Copies of the Notice to Quit and 7-Day Notice, with evidence of service
- Evidence of the landlord's title to the property
- Statement of the grounds for recovery
Step 5: Court hearing
The court serves the tenant with the claim and sets a hearing date. The tenant has the right to file a defence. If the claim is uncontested and the landlord's case is clear, the court issues a possession order. If contested, the matter proceeds to a full hearing — which can take significantly longer.
Step 6: Enforcement of possession order
Once the court issues a possession order, a court bailiff (or court-appointed official) executes the order by attending the property and formally recovering possession for the landlord. The tenant's belongings are removed and the landlord is handed the keys.
What landlords must NEVER do
The following actions are illegal eviction and expose the landlord to criminal prosecution and civil damages:
- Changing locks while the tenant is in possession — without a court order
- Removing the tenant's belongings from the property without authorisation
- Cutting off utilities (water, electricity, gas) to force the tenant out
- Using threats, intimidation or force against the tenant or their visitors
- Hiring thugs or Omonile to physically remove a tenant
Under the Lagos State Tenancy Law 2011, a tenant who is illegally evicted can apply to court for an order compelling the landlord to restore possession, and can sue the landlord for damages. The landlord may also face criminal prosecution.
Avoiding eviction disputes in the first place
- Screen tenants thoroughly before letting (references, employment verification, previous landlord check)
- Use a well-drafted tenancy agreement that clearly states all terms and the consequences of breach — see our tenancy agreement guide
- Collect advance rent payment (1–2 years is common in Nigeria) — this reduces default risk
- Collect a security deposit — see our security deposit guide
- Address issues early — if a tenant falls behind on rent, engage quickly rather than waiting for arrears to accumulate
Related guides: Tenant Rights Nigeria, Tenancy Agreement Nigeria, Landlord Guide Nigeria, Security Deposit Nigeria.
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