The Process for Evicting a Tenant in Lagos Nigeria and Step By Step Instructions To Evict A Tenant In Lagos
This article examines the procedure which must be pursued to legally remove an inhabitant in Lagos under the Lagos Tenancy Law 2011. The Law isn’t material in Apapa, Ikeja GRA, Ikoyi, and Victoria Island. In this manner, your property is in any of those areas, this article doesn’t concern you.
When Can you oust a Tenant?
There’s normal misinterpretation that you can possibly expel an occupant when they will not pay lease. Indeed, non-installment of lease is the main motivation for expulsion, in any case, it isn’t the one and only one.
Under the Lagos Tenancy Law 2011, a landowner can begin the expulsion procedure when any of the beneath happens:
The occupant is financially past due of lease;
The occupant is in rupture of any contract or understanding as contained in the Tenancy Agreement;
where the premises is required by the landowner for individual use;
the premises is being utilized for shameless or unlawful purposes;
the premises has been relinquished;
the premises is hazardous and unsound as to establish a threat to human life or property;
the inhabitant establishes by direct, a demonstration of heinous aggravation or instigates a rupture of an occupancy understanding.
The Eviction Process
The initial step is to decide if the inhabitant is financially past due. On the off chance that the inhabitant is financially past due, at that point under the Lagos Tenancy Law 2011, under certain occupancy residencies, the proprietor can apply to the court for a request for ownership of the property, and can likewise request that the court request the inhabitant to pay unfulfilled obligations of lease owed. The proprietor should simply give verification of the overdue debts.
In the event that the inhabitant isn’t falling behind financially, the subsequent stage in expelling an occupant in Lagos is that the occupant must be given a notification to stop. The notification to stop is the notification time frame which an inhabitant must be given before the proprietor can begin the procedure to oust the occupant. Strangely, the Lagos Tenancy Law gives that where there is a stipulation with regards to the notification time frame in the Tenancy Agreement, at that point the gatherings will be bound by that notice period. Along these lines, in the event that you are an inhabitant understanding this, you have to peruse your Tenancy Agreement again and discover what the notification time frame is. In the event that there is no notification period, at that point the Lagos Tenancy Law accommodates the accompanying least notice time frames:
multi week’s notification for an occupant freely;
1 months’ notification for a month to month occupant;
3 months’ notification for a quarterly occupant;
3 months’ notification for a half-yearly occupant; and
a half year’s notification for a yearly inhabitant
On account of a tenure for a fixed term, no notification to stop will be required once the occupancy has terminated, at the end of the day in the event that it is a 1 year occupancy, the landowner doesn’t have to serve a notification to stop if the 1 year tenure is done. The proprietor can simply move to stage 3 underneath.
When the notification to stop has lapsed (or where the landowner needn’t bother with a notification to stop), at that point the following stage is to serve a 7-day composed notification on the inhabitant of the proprietor’s expectation to continue to court to recoup ownership. There is a unique court structure for this notification.
When the notification has lapsed, and on the off chance that the inhabitant declines to intentionally leave the premises, at that point the proprietor can (inside 7 days of the expiry of the notification to recoup ownership) initiate a case in court for recuperation of ownership.