Property Law · Lagos Island, Lagos

Recovery of Premises in Lagos Island, Lagos

Nigerian law doesn't give a landlord in Lagos Island a power of eviction — it gives a procedure for recovery of possession, built around two notices and a court application, not a change of the locks.

Letting and recovering property in Lagos Island

On Lagos Island, shops, stores and upper-floor flats around the markets are often let on yearly terms. Recovering a shop or store from a tenant in arrears is a common matter here.

At a glance

Court: A recovery of premises matter for property on Lagos Island, Ikoyi, or Victoria Island is brought before the Magistrate Court sitting in the Lagos (Island) district — a different track from the Small Claims Court, since recovering possession is not a liquidated money claim.
Notice period: Fixed by how the tenancy runs, set out in full below. A notice shorter than the statutory period is void — the most common and most expensive mistake in a recovery of premises.
Documents involved: A Notice to Quit, then — only once it has expired — the separate Seven Days' Notice of Owner's Intention to Apply to Recover Possession. They cannot be combined into one document.

Notice periods by tenancy type

Type of tenancyNotice required
Weekly1 week
Monthly1 month
Quarterly3 months
Yearly6 months

Frequently asked questions

How much notice must I give my tenant in Nigeria?

It depends on how the tenancy runs, not on how long the tenant has lived there. A weekly tenancy needs one week, a monthly tenancy one month, a quarterly or half-yearly tenancy three months, and a yearly tenancy six months. A fixed-term lease follows the term agreed in the lease itself. Notice periods vary between states, so the tenancy must be checked against the law of the state where the property is.

Can I change the locks or throw my tenant out if they have not paid rent?

No. Removing a tenant, changing the locks, cutting off power or water, or putting their belongings outside without a court order is unlawful in Nigeria regardless of how much rent is owed. It exposes the landlord to a claim from the tenant and can undermine the recovery case. Possession is recovered by serving the correct notices and then applying to court.

Is one notice enough to take my tenant to court?

No. Two separate notices are required, served one after the other. The Notice to Quit ends the tenancy on a future date. If the tenant is still in the property after that date, a second notice, the seven days Notice of Owner’s Intention to Apply to Recover Possession, must then be served before court proceedings can be filed. They are two distinct documents and cannot be combined into one.

What happens if I give my tenant less notice than the law requires?

The notice is void. It has no legal effect, the tenancy has not been validly ended, and the court can dismiss the recovery action on that ground alone. The landlord then starts again from the beginning with a fresh notice and a fresh notice period, having lost the months already spent. This is the most common and most expensive mistake in a recovery of premises.

Can I claim the unpaid rent as well as recover the property?

Yes. Rent that fell due before the tenancy ended is claimed as arrears, and the sum charged for the period the tenant stays on after the tenancy has ended is claimed as mesne profits. Both should be stated as specific calculated figures, not as a general reference to outstanding rent.

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We work out which notice your tenancy actually needs, draft it, and a licensed practitioner signs it before it's served — each tenancy or lease document is ₦25,000.

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The Notice to Quit has to be the right length and served properly before anything else can happen. See how it works and what it costs.

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