Notice to Quit in Lagos: how it works and what it costs
A landlord in Lagos does not have a power of eviction. The law gives a procedure for recovering possession: the right notices, in the right order, and then a court application. Most recovery cases that fail, fail on the notice.
How long the notice must be
The length of the Notice to Quit is fixed by how the tenancy runs, not by how long the tenant has been in the property.
| Tenancy | Notice required |
|---|---|
| Weekly tenancy | One week |
| Monthly tenancy | One month |
| Quarterly or half-yearly tenancy | Three months |
| Yearly tenancy | Six months |
| Fixed-term lease | As agreed in the lease |
A notice shorter than the required period is void. It is the most common, and most expensive, mistake in recovering a property, because the landlord has to start again from the beginning.
The two notices, in order
- Notice to Quit. Ends the tenancy on a future date, after the full notice period.
- Seven days Notice of Owner’s Intention to Apply to Recover Possession. Served only if the tenant is still in the property once the Notice to Quit has expired.
- Court application. If the tenant still has not left, the landlord applies to court to recover possession, and can claim arrears of rent and mesne profits in the same action.
The two notices are separate documents. They cannot be combined, and the second cannot be served before the first has run out.
What Pandas LP does, and the fee
- We take the details of the tenancy from you in plain language: who the tenant is, the property, the rent and how the tenancy runs.
- The Notice to Quit is drafted for that tenancy, with the correct period, and reviewed and signed by a licensed legal practitioner.
- You read the draft before you pay. The fee is ₦25,000 per document.
- The notice is then served personally on the tenant, or through a process server or registered courier, with proof of service kept. Keep a copy of the notice and the proof.
What to have ready
- The tenancy or lease agreement, if there is one, and rent receipts or a record of payments.
- The tenant’s full name and the full address of the property.
- The rent, how often it is paid, and when the current tenancy started.
Start the Notice to Quit
Describe the tenancy in your own words. A licensed practitioner reviews and signs the notice before it is served.
Start a property matter →Common questions
How much does a Notice to Quit cost?
A Notice to Quit from Pandas LP is ₦25,000. It is drafted for your tenancy and reviewed and signed by a licensed legal practitioner. The seven days Notice of Owner’s Intention, served later if the tenant stays on, is a separate document at the same fee.
How much notice must I give my tenant in Lagos?
It depends on how the tenancy runs, not on how long the tenant has lived there: one week for a weekly tenancy, one month for a monthly tenancy, three months for a quarterly or half-yearly tenancy and six months for a yearly tenancy. A fixed-term lease follows the term agreed in the lease itself.
Can the Notice to Quit and the seven days notice be one document?
No. They are two distinct documents served one after the other. The Notice to Quit ends the tenancy on a future date. Only if the tenant is still in the property after that date is the seven days Notice of Owner’s Intention to Apply to Recover Possession served, and only after that can court proceedings be filed.
What happens if I give less notice than the law requires?
The notice is void. The tenancy has not been validly ended, the court can dismiss the recovery action on that ground alone, and you start again with a fresh notice and a fresh notice period.
Can I change the locks if the tenant has not paid?
No. Changing the locks, cutting off power or water, or putting a tenant’s belongings outside without a court order is unlawful regardless of how much rent is owed, and it can undermine the recovery case. Possession is recovered by serving the correct notices and then applying to court.
Can I claim the unpaid rent too?
Yes. Rent that fell due before the tenancy ended is claimed as arrears, and the sum for the period the tenant stays on after it ended is claimed as mesne profits. Both should be stated as specific calculated figures.
Recovering premises by area
Ikeja · Lagos Island · Victoria Island · Ikoyi · Yaba · Apapa · Ikorodu · Badagry · Epe