Eviction Notice (Nigeria)

An Eviction Notice in Nigeria sets out the grounds, deadline and required response for the matter it raises.

The legal framework for eviction in Nigeria is entirely state-based. Each of Nigeria's 36 states and the Federal Capital Territory (FCT) has its own Recovery of Premises Law or equivalent legislation. Key statutes include: the Rent Control and Recovery of Residential Premises Law Cap R7 Laws of Lagos State 2015; the Recovery of Premises Law Cap R3 Laws of Enugu State; the Landlord and Tenant Law of Ogun State; and the Recovery of Premises Law applicable in Rivers State and other southern states. The Land Use Act 1978 governs the underlying tenure of all land, with the Governor of each state holding land in trust.

The Magistrates' Courts in each state have jurisdiction to hear recovery of premises applications for premises below the applicable annual rental value threshold; the state High Courts have jurisdiction for higher-value premises. Federal properties on federal government land may fall under Federal High Court jurisdiction. The Supreme Court of Nigeria has confirmed in multiple authorities that self-help eviction — without a court order — is unlawful and actionable in tort.

The notice to quit must comply strictly with the notice period required for the type of tenancy: one month for monthly tenancies, three months for quarterly, and six months for yearly tenancies, with the period expiring on the last day of a tenancy period. A defective notice — one that specifies a wrong expiry date or is served through an unauthorised method — is void and must be re-served.

The legal framework governing the Eviction Notice (Nigeria) in Nigeria draws on several key statutes and regulatory bodies. Under Nigerian law, the Companies and Allied Matters Act 2020 (CAMA) regulates corporate entities through the Corporate Affairs Commission (CAC). The Labour Act (Cap L1 LFN 2004) and the National Industrial Court of Nigeria (NICN) govern employment disputes. The Nigeria Data Protection Regulation (NDPR) 2019 and the Nigeria Data Protection Commission (NDPC) protect personal data. The Federal Inland Revenue Service (FIRS) administers tax obligations under the Companies Income Tax Act. The Federal High Court and state High Courts have jurisdiction over civil matters. Parties executing a Eviction Notice (Nigeria) in Nigeria should confirm the document reflects current law, including any amendments enacted since the original drafting date. The Land Use Act 1978 (Cap. L5) sets the foundational requirements.

A Nigeria Eviction Notice is needed whenever a landlord wants to recover possession of premises from a tenant and must start the statutory notice process.

When a tenant in Lagos, Abuja, Port Harcourt, Kano, or any Nigerian city has failed to pay rent and the arrears have accumulated beyond what is acceptable, the landlord must serve a notice to quit as the first formal step before commencing recovery of premises proceedings before the relevant Magistrates' Court or High Court.

When a fixed-term tenancy expires and the tenant refuses to vacate, a notice to deliver up possession (or a notice to quit, depending on the state's requirements) must be served before the landlord can file a court application for recovery of possession under the applicable state Recovery of Premises Law.

When a tenant has breached a material condition of the tenancy agreement — such as subletting without the landlord's consent, using residential premises for commercial purposes, or causing serious damage — the landlord must first serve a notice to quit before commencing court proceedings, even if the breach is serious.

When a landlord in Nigeria intends to redevelop or demolish a property, a minimum six months' notice (for yearly tenants) must be served on each tenant under the relevant state Recovery of Premises Law before possession proceedings can be commenced.

When a landlord has died and the estate or successor wants to recover possession from a sitting tenant, the personal representative of the landlord's estate must serve a fresh notice to quit in the name of the estate before filing court proceedings, as the tenant's contractual relationship was with the original landlord.

Parties in Nigeria should prepare a Eviction Notice (Nigeria) proactively rather than waiting for a dispute to arise. Courts interpret agreements based on the written terms rather than oral representations. Under Nigerian law, the Companies and Allied Matters Act 2020 (CAMA) regulates corporate entities through the Corporate Affairs Commission (CAC). The Labour Act (Cap L1 LFN 2004) and the National Industrial Court of Nigeria (NICN) govern employment disputes. The Nigeria Data Protection Regulation (NDPR) 2019 and the Nigeria Data Protection Commission (NDPC) protect personal data. The Federal Inland Revenue Service (FIRS) administers tax obligations under the Companies Income Tax Act. The Federal High Court and state High Courts have jurisdiction over civil matters. Where the transaction involves regulated activities, prior approval from the relevant authority may be required before execution.

A valid Nigeria Eviction Notice (Notice to Quit) must contain the following elements to be legally effective.

Landlord's details: Full legal name and address of the landlord (or the landlord's solicitor enrolled at the Nigerian Bar Association (NBA) if the notice is served through a solicitor). Where the property is owned jointly, all joint owners should be named.

Tenant's details: Full legal name and address of the tenant — exactly as the tenant is identified in the tenancy agreement.

Premises description: The full address and description of the premises the tenant is being required to vacate, referencing the Certificate of Occupancy number where the premises are registered under Section 9 of the Land Use Act 1978.

Notice period: The period of notice being given — one month (for monthly tenancies), three months (for quarterly), or six months (for yearly tenancies) — stated clearly with the commencement date and expiry date of the notice period. Section 8 of the Rent Control and Recovery of Residential Premises Law Cap R7 Laws of Lagos State 2015 specifies mandatory notice periods for Lagos State tenancies. The expiry date must fall on the last day of a complete tenancy period, as confirmed by the Lagos State High Court in multiple decisions.

Ground for notice: The reason the landlord requires possession — whether rent arrears, expiry of term, breach of agreement, or landlord's need to occupy or redevelop. Section 13 of the Recovery of Premises Law Cap R3 Laws of Enugu State sets out the grounds on which a landlord may recover premises in Enugu State. Section 7 of the Landlord and Tenant Law of Ogun State specifies equivalent grounds for Ogun State tenancies.

Consequences of non-compliance: A statement that if the tenant fails to vacate by the expiry date, the landlord will commence proceedings in the relevant state Magistrates' Court or High Court under the applicable state Recovery of Premises Law. Section 19 of the Rent Control and Recovery of Residential Premises Law Cap R7 Laws of Lagos State 2015 governs the Lagos Rent Tribunal procedure. Section 22 of the Land Use Act 1978 requires the Governor's consent for any alienation of statutory rights of occupancy.

Service of notice: Section 6 of the Recovery of Premises Law requires personal service or registered post. Service through a Nigerian Bar Association (NBA)-enrolled solicitor strengthens the landlord's position before the Magistrates' Court of Lagos State or the High Court of the Federal Capital Territory.

Date of notice and signature: The date the notice is issued, signed by the landlord or the landlord's duly authorised solicitor. Section 4 of the Stamp Duties Act Cap S8 LFN 2004 requires the notice to be stamped where it constitutes a legal instrument. The Federal High Court of Nigeria and Court of Appeal have affirmed that a defective notice is void ab initio and must be re-served. Section 24 of the Nigerian Data Protection Act 2023 (NDPA 2023) applies where the landlord processes the tenant's personal data in the course of the eviction process. The Nigeria Data Protection Commission (NDPC) supervises compliance. The National Industrial Court of Nigeria (NICN) handles any employment dimension where the tenant is also an employee of the landlord. Forms-legal.com provides this template as a starting point for Nigeria-compliant documentation.