Eviction of Tenant in Nigeria: The proper way to serve Quit Notice
Renting a property in Nigeria can be a roller coaster ride, especially when it comes to evictions. As a tenant, you might find yourself in a situation where your landlord wants you out, but do you really understand your rights? Read on because we’re about to get into the nitty-gritty of eviction notices and tenant rights in Nigeria.
Trust me, this isn’t just another dry legal lecture – I’m going to make it as easy to understand as a Saturday afternoon chat with your grandma (minus the unwanted life advice ofcus).
Questions that will be answered in this article:
- How many months notice to evict a tenant in Nigeria?
- How do I evict a stubborn tenant in Nigeria?
- Can a tenant refuse to leave?
- Can my landlord evict me without notice?
- What happens if I can’t afford my rent?
- What are the tenant rights in Nigeria?
Tenant Rights in Nigeria:
Let’s start with the basics: as a tenant in Nigeria, you’ve got certain rights that even the most persistent landlord can’t ignore.
Although tenancy law varies in each state in Nigeria, generally you have all the right to enjoy your rented space in peace. Landlords can’t just barge in and kick you out because they feel like it. There are rules they have to follow, and you should know them inside out.
You’ve been dutifully paying your rent, keeping the place tidy, and generally being a good tenant. But then, out of the blue, your landlord slips an eviction notice under your door. Don’t panic yet – chances are, they might not have followed the proper procedures.
Common Issues with Landlords and Tenants in Nigeria
Property managers should take photos and videos of the place before the tenant moves in. This proof can be used as evidence in court. They should also document any damage or poor upkeep with new photos once the tenant leaves.
With this evidence, any property damage will be clear. Most landlords don’t like when a lot of strangers stay at their apartment for short times. It’s because these visitors aren’t properly screened like regular tenants. The same goes for long-term guests, unapproved roommates, and illegal subletting. You can add rules against this to your rental contract.
As a landlord, fix serious maintenance issues quickly. But for minor problems, you don’t have to rush if you think the tenant is taking advantage. Also, when it’s time to renew the lease, rethink if you want to keep renting to this tenant.
Having hot plates or personal cookers is often against dorm/hostel rules, especially when utilities are shared. In these cases, management must apply the rules fairly with fines for violators.
The purpose of a Landlord and Tenant agreement
This agreement is important because it lets both the landlord and tenant know what they must do before signing the contract. It also helps them solve problems later if someone doesn’t follow the agreement.
They can use it to settle issues without going to court, or as evidence in court if needed. When making this agreement, it’s best to hire a lawyer to make sure all the necessary details are included.
How to legally evict tenants who won’t go away
Many Nigerian landlords are having a hard time with their tenants. Tenants are refusing to pay rent but still won’t leave the property. Not paying rent is not the only reason a landlord can evict a tenant. A landlord must follow the proper legal process to get back their property from a tenant who is not following the rules.
Understanding the Eviction Process
Evicting a tenant in Nigeria isn’t as simple as shouting “Get out!” and changing the locks (though some landlords might be tempted). There’s a whole legal process that needs to be followed, and if your landlord skips any steps, they could find themselves in hot water.
If your landlord tries to evict you without following the proper legal channels, they could be committing a serious offense, like wrongful eviction or trespass.
When Can a Tenant Be Evicted?
Now, let’s talk about the legitimate reasons a landlord can evict you. Oya open your ears. According to the Lagos State Tenancy Law, 2011, landlords can initiate eviction proceedings for specific reasons, such as:
- Non-payment of rent
- Violation of the lease agreement (like turning your apartment into a petting zoo)
- Illegal activities on the premises (You know those bad things. Like housing criminals, doing illegal drugs, e.t.c)
- Abandonment (ghosting your landlord is generally frowned upon)
- Safety concerns (like using electric stove when you signed that you will use only gas burner)
- Personal use by the landlord (they might want to move in themselves. “Na him get house after all”)
- Lack of property maintenance (You can’t just damage the place and be free na! Fear God!)
- Nuisance behavior (throwing noisy parties every time is not a good idea)
Steps to Lawful Eviction
If your landlord wants to kick you out for one of the above reasons, they’ve got to follow a specific set of steps. It’s like a dance routine – miss a step, and they fall flat on their faces.
1. Late Rent Notice: If you’re behind on rent, your landlord has to give you a “Late Rent Notice” first. This is like a warning shot!. A reminder that you need to cough up the cash as soon as possible.
2. Notice to Quit: This is the big one – the “Notice to Quit” is your landlord’s way of officially saying, “It’s time to pack your bags!.” But there are rules about how much notice they have to give you, depending on the type of tenancy agreement you have.
- Yearly tenancy: Requires at least 6 months’ notice.
- Quarterly or half-yearly tenancy: Requires at least 3 months’ notice.
- Monthly tenancy: Requires at least one month’s notice.
- Weekly tenancy: Requires at least a week’s notice.
Emphasis on the importance of sticking to the agreed notice period or statutory provisions to ensure the validity of the eviction process.
3. Owner’s Intention to Recover Possession: If you’re still hanging around after the “Notice to Quit” expires, your landlord can then give you an “uppercut” by serving you with an “Owner’s Intention to Recover Possession.” This is like the final warning before you see “shege”.
4. Court Action: If you are still doing strong head and refuse to leave, your landlord can take you to court. This is where things get really serious – they’ll have to present evidence and witnesses to convince the judge that you need to vamoose. If the judge rules in their favor, you’ll have to pack up and hit the road.
Compensation
The landlord will also get paid compensation from the court, including mesne profits. Mesne profits is the rent money that built up during the court case.
The mesne profits start adding up once the tenant becomes a statutory tenant – meaning they can only be kicked out by a court order. The mesne profits usually go up based on how valuable the property is, though it’s not set in stone.
Exceptions and Special Cases
Of course, like any good legal drama, there are always exceptions and special cases to keep things interesting. For example, if you’re on a fixed-term lease and the term expires naturally, your landlord might not have to give you a “Notice to Quit” – they can just tell you to get out when your lease has expired.
But here’s the thing: navigating these legal waters can be tricky, especially if you’re not a lawyer yourself. That’s why it’s always a good idea to seek legal advice if you’re facing eviction. A qualified real estate attorney can help you understand your rights and make sure your landlord is following the proper procedures as I hinted earlier: these laws are different in every state.
Conclusion
This is a crash course in eviction notices and tenant rights in Nigeria. Remember, knowledge is power, and knowing your rights can help you avoid getting pushed around by an overzealous landlord. Just because you’re a tenant doesn’t mean you have to roll over and take whatever they dish out.
At the end of the day, it’s all about striking a balance between the rights of landlords and tenants. Landlords have a right to protect their investment, but tenants also have a right to a safe, secure living environment. By understanding the legal process and following the proper channels, both parties can work towards a resolution that’s fair and just.
Disclaimer: While this article aims to provide a general overview of eviction notices and tenant rights in Nigeria, it should not be considered as a substitute for professional legal advice. Every situation is unique, and it’s always best to consult a qualified real estate attorney for specific guidance on your case.
