How to evict a tenant from your property in Nigeria

To Evict a tenant from your property in Nigeria is a legal process that must be carried out in accordance with the law. Here are the general steps to follow:

1. Review the Tenancy/Lease Agreement:

   • Start by reviewing the Tenancy/Lease agreement you have with the tenant. Ensure you are adhering to the terms and conditions outlined in the agreement, including any notice periods or grounds for eviction specified in the agreement.

2. Grounds for Eviction:

   • Determine a  valid ground for eviction. Common grounds include non-payment of rent, breach of tenancy/lease terms, expiration of the lease agreement, or the need for the landlord or their family to occupy the property.

3. Serve Notices to Quit:

   • Provide the tenant with a written “Notice to Quit” that states the period within which they must vacate the property, and inform them of any actions they can take to remedy the situation (e.g., paying overdue rent). The notice period can vary depending on the grounds for eviction and the terms of the agreement.

4. File an Eviction Suit:

   • If the tenant does not comply with the Notice to Quit, you may need to file an eviction suit in the appropriate court. The court that handles landlord-tenant matters varies by jurisdiction but it is typically a Magistrate Court or Rent Tribunal Court.

5. Hearing and Judgment:

   • Attend the Court hearing with evidence to support your case, such as the lease agreement, the Notices to Quit, and any rent payment records. The Court will hear both sides and issue a judgment.

6. Possession Order:

   • If the court rules in your favour and orders the eviction, you will need to obtain a “Possession Order” from the Court. This document authorizes the Court bailiffs in conjunction with law enforcement Officers to assist in removing the tenant and their belongings from the property.

7. Execution of the Writ:

   • Coordinate and laise with the bailiff of Court and  with law enforcement Officers to execute the Writ of Possession. They will oversee the eviction process, ensuring it is carried out legally and peacefully.

8. Property Handover:

   • Once the tenant has vacated the property, conduct a joint inspection with them to document the condition of the property and assess any damages. Return the tenant’s security deposit/caution fee or settle any outstanding financial matters as required by law.
9. Legal Counsel:
   • It is strongly recommended to consult with a qualified attorney experienced in landlord-tenant matters. They can guide you on how to evict a tenant from your property in Nigeria, ensure that you follow all legal requirements and represent your interests in Court if necessary.

It’s crucial to follow the legal eviction process diligently and avoid taking matters into your own hands, as self-help eviction is illegal and can result in legal consequences for the landlord. Additionally, maintaining clear and respectful communication with the tenant throughout the process can help prevent unnecessary conflicts and complications.

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