How to evict a tenant in Nigeria
Tenants are dully protected by various tenancy and rent control laws in Nigeria.
As a Landlord, you should note the following as the laws on tenancy provide that a tenant who pays his or her rent:
Every 1 month: is given 1-month notice before quitting him
Then Every 3 months: is given 3 months notice before quitting him
Every 6 months: is given 3 months notice before quitting him
Every 1 year: is given 6 months notice before quitting him
The above law is subject to the tenancy agreement
Tenancy at will:
This is a tenancy relationship created where the landlord permits the tenant to occupy the premises with no definite time.
Thus, importantly the tenant occupies the premises with the landlord’s consent but no definite time.
However, a person becomes a tenant at will where the tenant holds over possession of the property after the expiration of his tenancy.
Periodic tenancy:
This is a tenancy for a particular term which properly renews itself perpetually until it is determined by a notice to quit.
Upon the expiration of one term of a periodic tenancy, another term automatically begins unless it is terminated by a valid notice to quit.
This tenancy can be weekly, monthly, quarterly, half-yearly (bi-annually) or yearly
Fixed Tenancy: this is a tenancy for a fixed period or duration.
This is an ideal tenancy as there is a certainty of duration.
Such fixed tenancy must not exceed a period of 1 year.
A fixed tenancy is usually determined upon effluxion of time. Once the term for which it was granted expires, that would bring the tenancy to an end.
Quit Notice
The quit notice (or notice to quit) usually applies to the tenancy at will and periodic tenancy.
The notice is to be issued on the tenant by either you or your lawyer via a written document.
When you want to recover your property from a tenant.
You are legally obliged to issue a quit notice except in a situation where the tenancy has expired by effluxion of time or by operation of law.
The quit notice, as we discussed earlier, should contain the specific period within which the tenant is expected to quit and deliver possession of the property.
There are more to how to evict a tenant in Nigeria, and we will give the concluding part soon.
