In this article (7 sections)
A landlord in Nigeria cannot simply change the locks or throw a tenant’s things outside. To end a tenancy, the law expects a proper notice to quit, then a further notice, and if the tenant still does not leave, a court order. This guide explains how a notice to quit in Nigeria works, how long it must be, and what both tenants and landlords should do.
This is general information, not legal advice. Tenancy laws differ between states, and your tenancy agreement matters. Speak to a lawyer about your own situation.
What is a notice to quit?
A notice to quit is a written notice telling a tenant that the tenancy will end on a certain date and that they must give up the property by then. It is the first step a landlord takes to recover a property lawfully.
In Abuja (the FCT), recovery of premises is governed by the Recovery of Premises Act. Lagos has its own Tenancy Law of Lagos State 2011, and many other states have similar laws.
How long is a notice to quit in Nigeria?
If the tenancy agreement does not say how much notice should be given, the length depends on the type of tenancy:
|
Type of tenancy |
Usual length of notice |
|
Weekly tenancy |
One week |
|
Monthly tenancy |
One month |
|
Quarterly tenancy |
One quarter (three months) |
|
Yearly tenancy |
Half a year (six months) |
Most residential tenancies in Abuja and Lagos are yearly, because rent is paid once a year. That means a landlord who wants a yearly tenant to leave generally has to give six months’ notice.
Two important details:
• The notice usually has to end on the anniversary of the tenancy. For a yearly tenancy that started on 1 March, the notice should expire at the end of a tenancy year, not on a random date.
• The agreement can change the rules. If your signed agreement says “three months’ notice by either party”, that period usually applies. Read the notice clause carefully before you sign.
A tenant whose rent has expired and who has not renewed is still owed a proper notice in most cases. Expiry of rent alone does not mean the landlord can lock the tenant out.
The 7-day notice of owner’s intention to recover possession
If the tenant has not moved out when the notice to quit expires, the landlord’s next step is a 7-day notice of owner’s intention to apply to recover possession. It tells the tenant that the landlord will go to court after seven clear days.
If the tenant is still in the property after those seven days, the landlord files a case in court. Only the court can order the tenant to leave, and only court officials can carry out the eviction.
What a landlord must not do
Whatever the reason, a landlord should not:
• remove doors, roofs or windows to force a tenant out;
• cut off electricity or water to pressure a tenant;
• lock a tenant out or throw their belongings outside;
• send thugs or “area boys” to harass the tenant.
These “self-help” evictions are unlawful and can expose the landlord to a lawsuit and damages.
What tenants should do when they get a notice to quit
1. Check the dates. Is the notice long enough for your type of tenancy, and does it end on the right date?
2. Read your tenancy agreement for the notice clause.
3. Keep the notice safe and note when and how it was delivered.
4. Talk to the landlord. Many issues (a rent increase, a family member moving in, repairs) can be settled by agreement.
5. Keep paying what you owe for the period you stay, and keep every receipt.
6. Get legal advice if you believe the notice is wrong. Legal aid and tenants’ associations can help if you cannot afford a lawyer.
7. Start looking early. Six months goes quickly. You can browse verified homes for rent on HouseTracker and save options as you go.
Tips for landlords
• Put everything in writing and keep copies of every notice and how it was served.
• Use a lawyer to prepare notices. A small mistake in dates or wording can make a notice invalid and force you to start again, losing months.
• Keep good records. Rent payments, receipts, agreements and messages are your evidence if the matter goes to court.
HouseTracker’s free landlord tools help you keep tenancies, rent records, receipts and rent-due reminders in one place, so you always know when a tenancy ends and have records ready if there is a dispute.
Frequently asked questions
How long is a notice to quit in
Nigeria for a yearly tenant?
Where the tenancy agreement does not say otherwise, a yearly tenancy generally
needs half a year’s notice (six months), ending on the anniversary of the
tenancy.
Can a landlord evict a tenant without
going to court in Nigeria?
No. After the notice to quit and the 7-day notice of intention to recover
possession, a landlord must get a court order. Forcing a tenant out by removing
the roof, cutting power or locking them out is unlawful.
Does a landlord need to give notice if
my rent has expired?
In most cases, yes. Expiry of rent does not by itself give the landlord the
right to lock you out; the proper notices still apply.
It is the notice of owner’s intention to apply to recover possession, served after the notice to quit expires. If the tenant has not left after seven clear days, the landlord can go to court.
