STEPS TO EVICT A TENANT LAWFULLY

STEP 1: ISSUANCE OF LATE RENT NOTICE 

This is usually the first step when the reason for the eviction is for non-payment of the rent. Here, the landlord or your authorized agent is required by law to have made several demands on the tenant. 

Under the law, a landlord can seek an order of possession and an order for the recovery of unpaid rent in court. The landlord will be required to provide evidence of the non-payment of arrears of rent in court. 

Therefore, the landlord is required to issue a letter titled “Late Rent Notice” to the tenant. This would serve as the evidence in court. 

STEP 2: ISSUANCE OF A NOTICE TO QUIT 

This is mandatory for periodic leases and the length of the notice to quit depends on the agreement signed by both parties (the landlord and the tenant). For example, the landlord and the tenant can agree that a one month notice would be given in the case of the yearly tenancy by stipulating it in the tenancy agreement and executing it accordingly by both parties. 

However, if the contract does not specify the length of notice, the provision of the law will apply.

Section 13 of the tenancy law of Lagos State states as follows:-

13.-(1) where there is no stipulation as to the notice to be given by either party to determine the tenancy, the following shall apply- 

(a) a week’s notice for a tenant at will; 

(b) one (1) months’ notice for a monthly tenant; 

(c) three (3) months’ notice for a quarterly tenant; 

(d) three (3) months’ notice for a half-yearly tenant; and

(e) six months’ notice for a yearly tenant.

However, this step is not required under a fixed term lease as the landlord allows the term to expire and then issues a seven days owner’s Intention to recover Possession. 

Exception to this is where the tenancy was terminated by the landlord before the expiration of the term. 

Contents of A Notice to Quit 

· The date to give up possession 

· The type of Tenancy (yearly or monthly) 

· The description of the property 

· The capacity in which the lawyer is writing. 

STEP 3: ISSUANCE OF OWNER’S INTENTION TO RECOVER POSSESSION 

Where the tenant refuses to vacate the rental property after the expiration of the quit notice, the landlord or his/her attorney will then issue a Seven days’ Owner’s Intention to Recover Possession to the tenant. 

This is required for both fixed and periodic lease 

Contents of The Owner’s Intention to Recover Possessions 

Type of Tenancy 

The description of the property 

Grounds and Particulars of the claim.

clear days within which to vacate 

The capacity in which the lawyer is writing.

The outstanding rate to be paid. 

STEP 4: COMMENCEMENT OF ACTION IN COURT 

This comes into play where the tenant still refuses to vacate the rental property. This step will entail a court process that requires the calling of witnesses and other evidences. A judgment will then be delivered by the court who will order the tenant to vacate the premises either immediately or on a specified date. 

NOTE Where the tenant intends to terminate the lease, he/she is only required to issue a Notice of Termination of Tenancy to the landlord and vacate the rental property.

Section. 44 of the Lagos State Tenancy Law, 2011 provides for the punishment for forcibly removing a tenant. Such a person when found guilty shall be liable to a fine. 

It is therefore advisable to follow the provisions of the law, and where not sure or clear, it would best to engage an experience real estate attorney to provide adequate and efficient legal assistance.