Notice of a Landlord’s Intention to Apply to Recover Possession in Nigeria
What should a landlord do when a tenant’s tenancy expires or after a 6-month Notice to Quit has already been issued, yet the tenant refuses to leave?

When rent expires, some landlords take matters into their own hands by changing locks, removing roof sheets, or throwing out a tenant’s belongings. However, under Nigerian tenancy law, “self-help” evictions are completely illegal. A landlord who forcibly ejects a tenant risks facing civil liabilities, criminal charges, or heavy damages in court.

So, what is the lawful procedure for a landlord to recover possession of a property once the rent or Notice to Quit has expired?

Step 1: Issuing the Notice to Quit (Where Applicable)
Under Nigerian law, the required length of a Notice to Quit depends on the nature of the tenancy:

Weekly Tenancy: 7 days’ notice

Monthly Tenancy: 1 month’s notice

Yearly Tenancy: 6 calendar months’ notice

(Note: If a fixed-term tenancy expires naturally by effluxion of time—meaning the period stated in the contract has ended—a Notice to Quit may not even be required, depending on the applicable state law.)

Step 2: Serving the Statutory 7-Day Notice of Intention to Recover Possession
If the tenant continues to occupy the property after the Notice to Quit has expired (or after the fixed-term lease ends), the tenant becomes a “tenant-at-will” or a holdover tenant.

At this stage, the landlord—or an authorized legal representative—must serve the tenant with a statutory 7-Day Notice of Owner’s Intention to Apply to Recover Possession.

This 7-day notice informs the tenant of two critical points:

They have seven clear days to peacefully surrender and vacate the premises.

If they fail to do so, the landlord will formally file an eviction lawsuit in court to legally eject them.

Step 3: Institution of Legal Proceedings in Court
If the 7 days elapse and the tenant still refuses to pack out, the landlord can finally file a recovery of premises suit in the appropriate Magistrate Court or High Court.

The court will serve the tenant with a summons to appear. During the trial, the landlord must present proof of:

Ownership or legal right to possess the property.

Valid tenancy creation.

Proper service of both the Notice to Quit and the 7-Day Notice of Intention to Recover Possession.

Once the court is satisfied that all statutory notices were issued correctly, it will deliver a judgment granting possession back to the landlord, alongside orders for any unpaid rent or mesne profits (compensation for the period the tenant held over without paying).

Step 4: Court-Enforced Execution (Bailiff Eviction)
Even after winning in court, the landlord cannot personally drag the tenant out.
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Instead, the court issues a Warrant of Possession. Only official court bailiffs—often accompanied by police officers—are legally authorized to physically remove the tenant, change the locks, and hand over the keys to the landlord.

Conclusion
Patience and strict adherence to statutory notices are non-negotiable for property owners in Nigeria. Attempting to shortcut the law through self-help only damages a landlord’s legal case. By properly serving a Notice to Quit followed by the mandatory 7-Day Notice of Owner’s Intention to Apply to Recover Possession, a landlord ensures that the eviction process remains 100% legal, valid, and enforceable.