A tenancy relationship entails, a situation whereby a landlord hands over rights to occupy his property to a tenant over an agreed period of time, in exchange for rent. This implies that there are circumstances whereby a landlord may need to recover possession of the property from his tenant. In such cases, there are procedures set out by law for a landlord or his legal representative to follow and we’ll consider them in this article.
WHO IS A LANDLORD?
A landlord can be defined as one who owns a property or premises. He can further be said to be someone who is entitled to the reversion of the premises upon failure of the tenant not paying the prescribed amount for using the property. See Section 2 of the Recovery of Premises Act CAP 544 1945.
WHO IS A TENANT?
A tenant is someone who pays a fee (rent) in return for the use of land or a building owned by another. A tenant could also be defined as a person who occupies a premises for the payment of rent or not but does not include a person occupying premises under a claim to be the true owner of the premises.
PROCEDURE FOR TERMINATING A TENANCY AND OBTAINING POSSESSION OF THE PROPERTY
STEP 1; ISSUE STATUTORY NOTICE TO QUIT
For a landlord to successfully terminate a tenancy, the landlord must ensure that he serves the tenant with the statutory notices stipulated in the Recovery of Premises Act as well as State laws which regulates tenancy. Failure to issue the required notices on the tenant could pose a threat to the landlord’s claim for recovery of possession of the said premises.
A notice to quit is first given to the tenant. This first notice discloses the landlord’s desire to have the landlord/tenancy relationship terminated. There are different durations for a notice to quit depending on the duration of the tenancy involved. Thus, one needs to be careful in determining when a quit notice is to be served and when it expires as wrong calculation can vitiate the whole court proceedings. The period of notice given in the absence of any agreement by the parties, will be determined by statute. These are:
- 7 (seven) days notice to quit in the case of a Tenancy at will or weekly tenancy
- 1 (one) month’s notice to quit in the case of a monthly tenancy
- A quarter (i. e 3 months) notice to quit in the case of a quarterly tenancy
- 6 (six) month’s notice to quit in the case of a yearly tenancy. See section 8 of Recovery of Premises Act.
Where a tenancy is for a fixed term, a Notice to quit is not necessary once the tenancy has been determined by effluxion of time. Where the landlord wishes to go to court to get back the possession of his property, he is to serve a seven days’ notice of owner’s intention to apply to recover possession of the premises to the tenant. See Section 13(5) of the Tenancy Law of Lagos State 2011.
STEP 2; ISSUE A STATUTORY NOTICE OF OWNERS INTENTION TO APPLY TO RECOVER POSSESSION
After the service of a notice to quit has been given to the tenant and payment or handing over of the property is not given to the landlord, the landlord or through his solicitor may proceed to serve the tenant with a second notice called notice of owners intention to apply to recover possession of the property. It is also called a 7 (seven) days’ notice. On the expiration of this notice, where the tenant refuses to give up possession, then the landlord can initiate proceedings in court against the tenant. See section 10 of the Recovery of Premises Act.
STEP 3; OPT FOR AMICABLE NEGOTIATION AND SETTLEMENT THROUGH THE MULTI DOOR COURT HOUSE
Inasmuch as a landlord may file his claim in court after service of the two notices to the tenant and the latter refuses to vacate the premises, it is advisable that rather than going to court, a multi door court house should be visited first for dispute to be settled without recourse to court and of which such dispute can be settled amicably and peacefully.
Thus, a multi door court house can be defined as a court connected alternative dispute resolution centre. It is located in almost all 36 (thirty-six) states in Nigeria. It offers different alternative avenues to dispute resolution. It is a multifaceted dispute resolution centre. Multi door court house provides quick and less expensive access to justice without necessarily going to court. There are different avenues such as (arbitration and mediation) which are used to settle disputes unlike court which is through litigation.
Mediation can therefore be defined as the process whereby the parties to the dispute come together with a neutral third party, who guides both parties during negotiations with the hope of arriving at an amicable resolution of the dispute in question. The neutral third party is called the mediator who may be a lawyer. The mediator does not decide how the dispute between the parties should be settled rather he helps the parties look for a solution to their dispute which is accepted by the parties. In a situation where the parties cannot reach a decision to settling their dispute, the mediator can give his own solution but which are not to be imposed on the parties. Where the parties disagree with the solution proffered by the mediator, the mediation is called off and the parties are to explore other remedies to settling the dispute or institute the matter in the court.
STEP 4: INITIATE COURT PROCEEDINGS:
It is important to note that a landlord upon fulfilling the conditions of giving the tenants the statutory notices and the tenant not vacating the premises and having used mediation in the multi door court house and it failed, can now initiate a proceeding in a competent court having the jurisdiction to entertain the matter. The annual rental value of the property determines what court has jurisdiction to entertain the claim. When the rent is above N 10,000,000 (ten million naira only) in Lagos State, the High Court and not the Magistrate Court has jurisdiction to entertain the matter (See section 28 of the Magistrate Court Law of Lagos State 2009). In initiating any proceeding in court, a claim must be filed in court and the necessary fees paid. Also, an attachment of all the evidence in support of the case is very important. Hence, providing documents such as; the last rent receipt paid by the tenant, the utility bills (where the tenant is owing electricity bills or water bills) e.t.c would help the landlord’s case.
STEP 5: ENFORCE OF COURT ORDER AFTER JUDGEMENT IS GIVEN
Upon a judgment being given in favor of the landlord, the tenant is expected to comply with the order(s) of the court, but there are situations where the tenant fails to do so. In such situation, the landlord may apply for a writ of attachment and sale in which, the property of the tenant both moveable and immovable may be seized by the sheriff or the bailiff of the court and sold in order to recover the money owed to him by the tenant (see Section 17, 33 of the Cross River Rent Control Law, Section 25 of the Sheriffs and Civil Process Act and Section 17 of the Sheriffs and Civil Process Law of Cross River State). But where the landlord is in need of his property to be vacated, he can apply to the court to get a warrant of possession. This is a right given by the court to the landlord to get possession of the property (see Section 20,21 and 22 of the Recovery of Premises Act. Section 17 and 26 of Cross River Rent Control Law cap R3).
CONCLUSION.
Procedures for recovering possession of premises from tenants are technical due to the various legal provisions governing it. It is therefore advisable to secure the services of a property lawyer to initiate proceedings to avoid missteps that could result in unnecessary delay. Need help recovering your property from your tenant? Contact us HERE, and we’ll be available to assist you.
Segun Adeoye
I have issue a notice to quit to a tenant. His rent expired and I gave him seven days to pay. He did not. I issue a seven days quit notice. He pleaded and wrote an undertaken to be given more days to pay and if not vacate. Now the due date,he did not pay nor vacate. I want to issue him owner intention to take possession .
Cynthia Tishion
Hello Mr Segun, sorry to hear about your plight and thank you for reaching out. You may proceed to issue an owner's notice of intention to take possession. From the look of things, it appears your tenant will only respond to an order from the court. What this means for you is that you should take into cognizance the fact that you might have a legal battle in your hands. You don't want to spend much time and effort in this battle only to lose due to a legal technicality. There are many factors you need to address while preparing for a lawsuit such as the nature of tenancy, the last date of payment of rent, whether or not the notice to quit has been issued according to the legal requirements. A slight error in any of these factors might earn you a case been struck out. We strongly advise that you seek the services of a legal professional in your State who is experienced with tenancy matters before you take further steps in this matter. This would save you time and money as you don't want to be frustrated because of an error that could have been easily avoided. Depending on your location, we could recommend some. We hope you take our suggestion and we wish you success in your journey.
James
I’ve issued all requisite notices to my tenant; the tenant now agreed to pay a sum for two years, because I wanted a lease for minimum period of 5 years; after much plea, we agreed for two years, due to the harsh present economic conditions, but the tenant could only come with about 75% of the amount agreed. Can I now go to court to recover my premises?
James
I’ve issued all requisite notices to my tenant; the tenant now agreed to pay a sum for two years, because I’d wanted a lease for a minimum period of 5 years; after much plea, we agreed for two years, due to the harsh present economic conditions, but the tenant could only come up with about 75% of the amount agreed. Can I now go to court to recover my premises?
Cynthia Tishion
Hello Mr James, thank you for your question. We will need more information than what has been provided here to give you legal advice on the issue. Please click this link https://lexpraxisng.com/appointment-booking/ to schedule an appointment so we could discuss this further. We look forward to hearing from you.
Kacey
Hello. As a tenant i have defaulted in payment to my landlord, which i beged him for some time to make the payment, he refused, his lawyer served me a seven days Quit Notice.. please i need advice on what do
Cynthia Tishion
Hello Mr Kacey, for legal advice, please schedule an appointment via this link https://lexpraxisng.com/appointment-booking/ and we will reach out to you.
Chidi
Good day, pls I just received a notice (form A)from court informing me that the landlord wishes to recover his premises. I am not owing rent. However, the rent expires in October 2022. How do I handle this issue. I have been denied basic amenities such as water. I contributed to evacuation of the sewage which the caretaker refused to do. Presently, the fence fell exposing me and my family to danger since July 2022. The borehole damaged and I fixed it but it is faulty again. The owner has refused to do all this claiming some tenant owe rent.
Cynthia Tishion
Hello Mr Chidi, so sorry to read about your plight. If you have received a FORM A notice, it's safe to presume that you have been served a prior notice to the recent one. Depending on your nature of tenancy ie (monthly or yearly), the law states the duration a notice should last, and a landlord doesn't have to wait for your rent to expire before issuing the said notices. I suggest you speak to a lawyer who will obtain accurate facts about your case and advise you accordingly. Hope this helps. If not, you could schedule an appointment through this link so we could advise you on your next course of action. Here is the link https://lexpraxisng.com/appointment-booking/
Idorenyin Obong
I gave my tenant quite notice which he refused to quit,I served him with a 7 days notice he also refused to leave I served him with owners intentions to recover possession he still refused to leave I served him a writ of surmon he now can to settle out of court which was brought to the notice of the court the datae has passed he has refused to leave I obtain a court order did all necessary process I was to meet with the beliff section so the ternat property will be removed,but my lawyer said I should discontinue it that he will apply for contempt am confused
Cynthia Tishion
Hello Idorenyin, so sorry to learn about your plight. My question for you is; have you gotten judgement on the writ you filed before working with the bailiff to remove the tenant's properties? If the answer to this is No, then you have to return to the court to conclude the case. You can obtain a judgement from the court once the latter is satisfied that the tenant is unwilling to defend himself /herself with respect to the case. You can only succeed at having the tenant's properties removed after you have gotten judgement from the court. My advice is that you work with your lawyer to secure final judgement to enable you to evict the tenant and his/her properties from the premises. Hope you find this useful. For further enquiries please send an email to; info@lexpraxisng.com
Nkem Ejuwa
Good day. I have a tenant who is on yearly term but since he the initial rent paid when she moved in, she has not paid any rent nor fulfilled the terms of the yearly agreement. She has accumulated a backlog of 3years. I want to give notice but how long a notice should I give? This being thay she already.owes 3 years rent and has not even fulfilled the terms of agreement in order to obtain 6 months quit notice.
Cynthia Tishion
Hello Nkem, sorry to hear about your plight. I suggest you send a private message to discuss this further. If you are interested, simply click the Whataspp icon on the lower right side of this page lets discuss. Looking forward to hearing from you.
Salvador M.
Good morning Sir , an agent brought a tenant to me that I should help him that the house he was living was sold and only 3 months notice was given which has elapsed and 7 days notice served c will elapsed on Sunday and he hates embarrassment and dragging things with owner. He said he is selling gold at Yaba but he has added his money to buy gold at Dubai because they are buying in group.. But, he has 40 percent of the rent with him and pleaded that balance will be paid cin a month that his gold arrived since then he did not pay, he has spent over 2 years, I have done all due process, has been in court for over 15 months, the judge did not sit on trial and defence day, another date was given, we were moved back to MOTION, we are now to go for trial again this month. He his not contributing to anything utility bill X. The worst aspects are: 1. He has never come to court but always bragging that he will use the house for 5 years without paying a dine.. He comes home btw 1-3am whenever they don't see their 🗝️ they either break the key or scale the fence on so many occasions. (2). He has sold all his properties except for the bed they are sleeping on. (3). The whole property was seriously damaged. He brought 2 wives 11 children, 2 people that are selling food for the younger wife and younger brothers _2. Uncountable relatives coming to stay off and on. To cut the story short, how do I retrieve my money and make him repair all the damages done. Who are the best enforcement agency should I use ?.because if he is hold tight the relation will be responsible for the payment. I have taken him to the station twice, he was released.
Cynthia Tishion
Hello Mr Salvador, sorry about your plight. I recall you mentioned in your story that you have taken the tenant to court and I want to believe you did so with a lawyer. My advise to you is that you seek guidance from your lawyer about these concerns. I believe that if your lawyer has filed a claim in court on your behalf, He/She must have addressed the issue of retrieving rent owed as well as repairing damages to property in the statement of claim. I hope this helps?
Hellena AC Joseph
I love this,the quick response you give wowed me thanks.
Cynthia Tishion
Thank you Hellena for the compliment. It's always a pleasure to serve.
Mon Tee
Please can the courts compel a tenant to pay his outstanding rent which he is owing and refused to pay?
Cynthia Tishion
Yes Mon Tee, the courts can give an order to that effect provided it is included in your claims and there is sufficient proof to show that the tenant owes outstanding rent.
Mathew Alao
Good day, please how do I notify my tenant that the apartment he's occupying should be vacated because it is needed for urgent family use, though he's rent is yet to expired, your advised would be appreciated, thank you
Cynthia Tishion
Hello Mr Mathew, you do that by issuing a notice to quit. There are however specific duration of quit notices to be issued depending on the type of tenant you have i.e Is He/She a yearly tenant or monthly tenant. I'll strongly advice you seek the services of a lawyer close to your location to advice you on what type of notice you should serve your tenant as well as the duration of the notice so as to avoid being frustrated in the process. Hope this answers your question.
Gabriel
I have an issue with one of my tenant. The consent letter signed started that there should be no fight in the compound by the wife of this tenant had fought almost three times one of which she used dangerous weapon like cutlass. I asked them to leave for peace to reign. Their tenancy will be 6 months by March 2024 ending and i gave them half of their payment to vacate the premises. Please guide me if eventually this case get to court, what are my right and the tenant right. They are requesting for a refund on the agreement and commission and also boasting of staying for extra six months without paying.
Cynthia Tishion
Hello Mr Gabriel, thank you for reaching out. For legal advise or guidance on your case, I suggest you consult with a lawyer who specializes on tenancy matter within the location where the property is situated. If you have no access to one, you may tell us where the property is located and we'll recommend a lawyer to you if we have one in that location.
Ade
Hi, I have a tenant who has refused to pay her rent for about 2 years, do I need to issue her a notice to quit or a 7 days notice since her rent has expired for 2 years and she is yet to renew it.
Cynthia Tishion
Hi Ade, may I suggest you speak with a lawyer actively practicing in the location where your property is located. I believe they will be able to get relevant facts of your case and render appropriate professional advice.
Rasheed
Rasheed Hi, I have a tenant who refuses to leave my property in Igode Ogun State i served them notice to quickly since December last year they refused to quit and served them another 7 days on 21 of May they refused to quit, but I should do what I wanted to do please what can I do because I don't have money to pay a lawyer and I don't how much lawyers will charge for the case
Cynthia Tishion
Hello Mr Rasheed, sorry to learn about your plight with your tenants. I'll strongly advice you speak with a lawyer to see the possibility of handling your case. Tenancy cases from my experience are technical in nature and you need an expert to help you navigate this. Do not be afraid of the money for now. You never can tell, a lawyer may decide to offer this service at an affordable rate. Just speak with a lawyer first. I hope this helps. Best regards.
Akinlosotu Elijah
Good day, My elderly parents and I are facing a difficult situation. Due to the current economic conditions, housing prices have skyrocketed, making it impossible for us to afford rent. Despite being up-to-date on our payments, our landlord is insisting that we vacate the premises. He has even gone so far as to lock us out of the house, leaving us stranded outside. This incident caused my mother significant emotional distress. We have tried appealing to him, but he remains adamant that we must leave. We fear that he may resort to forceful eviction or even hire thugs to intimidate us. Please advise us on how to navigate this situation.
Cynthia Tishion
Hello Mr Elijah, I believe you've reached out to us on Whatsapp already, and its been resolved.
Mohammed Kabir
Good afternoon sir. I am dragged to a state high Court in Kogi State by a woman I gave one room to stear free of charge. After some years I decided to sale the house. I notified d woman of my intention to sale . She picked interest to buy but for over one year and half no any seriousness from her I decided to sale to another person. To my surprise this woman took me to court claiming we had an agreement to sale for her. Know can equal take her to magistrate court for recovery of my House because she refused to leave the house