The tenant is not paying. The term has expired. He has turned your flat into a workshop and your calls go unanswered. Every landlord in Nigeria knows the temptation of the shortcut — the new lock, the thrown-out property, the policeman at the door. This guide is the other path: the complete lawful ladder from notice to bailiff, the exact documents at each step, and the case law that punishes every shortcut. Done properly, eviction is slow but certain. Done illegally, it is fast — and then you pay.
Every periodic tenancy ends by notice, not by annoyance. The notice must be:
Fixed-term tenancy? If the tenancy runs for a definite term with an end date, it expires by itself — no quit notice needed. Holdover tenants (whose term has expired but who remain) go straight to step two.
Your written agreement can extend these periods but not shorten them below the statutory floor. If your agreement specifies a notice period, that clause governs.
When the quit notice expires (or the fixed term has ended) and the tenant is still in possession, the law demands one final courtesy: a seven days' notice of the owner's intention to apply to recover possession.
This is a separate document from the quit notice. Skipping it is one of the most common reasons landlords lose otherwise sound cases — the court treats the two notices as cumulative steps, not alternatives.
After the 7 days, file a recovery-of-premises action:
| Where | Court |
|---|---|
| Lagos | Magistrates' Courts (Tenancy Law 2011) |
| Abuja (FCT) | Magistrates' Courts and the High Court (Recovery of Premises Act) |
| Other states | Per each state's recovery-of-premises legislation |
Grounds the court recognizes include: expiry of the tenancy, arrears of rent, breach of covenant, nuisance or misuse of the premises, the premises needing repairs, the owner's genuine personal need. A clean file — tenancy agreement, receipts, both notices with proof of service — decides most cases before trial.
If the court finds for you, it grants possession and issues a warrant of possession. The warrant is executed by court bailiffs — not by you, not by your estate agent, not by the police.
Your role at execution: be present, keep the peace, let the bailiffs do the work. Removing a tenant's belongings yourself, even beside a bailiff's van, re-opens the trespass door you just closed.
The court can also award the arrears owed, mesne profits (occupation rent for the period of the case), and costs. This is where the months of patience get paid back.
The Court of Appeal has since closed every exit: Mancha v. Emukowate (2017) — even a landlord with perfect title who takes possession without a court order is a trespasser; Tsegba v. Mission House (2018) — even a tenant who has overstayed can only be removed through the courts.
The arithmetic every landlord should write down: a lawful eviction costs time; an unlawful one costs time and damages and the original arrears become harder to recover and the tenant is still in possession.
Notice the pattern: every defence dies against documents. The landlord who files an agreement, receipts, two clean notices and proof of service wins the paperwork war before the first hearing.
| Stage | Typical time |
|---|---|
| Quit notice (yearly tenancy) | up to 6 months |
| Owner's 7-day notice | 7 days |
| Court case (uncontested → defended) | months, sometimes longer |
| Warrant + execution by bailiffs | weeks |
Start early. A landlord who serves a correct notice the month problems begin is months ahead of one who spends a year quarrelling first. And screen tenants properly — the cheapest eviction is the one you never need.
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Start the lawful eviction — write the notice free →Valid quit notice → 7-day owner's notice of intention to apply to court → recovery-of-premises action → judgment → warrant of possession → execution by court bailiffs. Every step skipped converts you from landlord to defendant.
No. The Supreme Court calls it self-help and makes the landlord liable in trespass (Ihenacho v. Uzochukwu, 1997). The tenant can re-enter and sue for damages — you gain nothing and pay twice.
Notice period (up to six months) + 7 days + the court case (commonly months). An undefended, well-documented case is the fastest path. There is no lawful express lane.
No. The tenancy ends on its end date. Serve the 7-day owner's notice after expiry, then go to court if the tenant holds over.
In Lagos, a monthly tenant six months in arrears loses entitlement to a quit notice (s.13(2) Tenancy Law 2011) — you can move to the 7-day notice directly. But arrears never license self-help.
Court bailiffs, executing a warrant of possession. The landlord's safe role is to be present and keep the peace.
Then your case stalls and restarts. Use a generator that computes the correct period for your tenancy type — and serve in a manner you can prove.
Yes — the court can award arrears, mesne profits for the period of overholding, and costs, alongside possession.