Introduction
Nigeria’s growing cities and population creat a high demand for housing. This leads to more frequent landlord-tenant relationships. Unfortunately, these relationships can sometimes turn sour, resulting in illegal evictions and legal battles. This article explains what illegal evictions are and outlines the legal steps for proper eviction in Nigeria.
The Legal Framework of Eviction
Evictions in Nigeria are governed by a complex interplay of statutory laws, regulations, and common law principles. Key components of this framework include State Tenancy Laws, the Recovery of Premises Act, and judicial precedents, all of which collectively guide the eviction process.
Understanding the Key Players
- Tenant: Someone who has the legal right to occupy a property for a specific period under a lease agreement.
- Occupier (Non-Tenant): Someone who has physical control of a property but doesn’t have a lease
- Landlord: The owner of the property who confers usage rights upon the tenant.
- Rental Property or Demised Premises: The property being leased
What is Illegal Eviction?
Illegal eviction happens when a landlord takes back a property from a tenant without following the legal procedures. Here are some common tactics used in illegal evictions:
- forceful ejection of the tenant from the building
- locking tenants out of the property to deny them access
- damaging the property to deter occupancy
- seizing tenant’s belongings for unpaid rent
- cutting off power and water supply to tenants – a common tactic used by landlords/property owners, which violates the tenant’s rights to peaceful enjoyment of the property during the tenancy period.
Such actions flagrantly breach the Nigerian Tenancy jurisprudence and other regulations and are illegal. Landlords must respect tenants’ rights and adhere to legal processes to regain possession of the property.Notably, involving law enforcement agencies, such as the police or military, is both illegal and criminal as eviction matters fall under civil jurisdiction. Alternatively, law enforcement agents can only be involved in the process of eviction when authorized by the court to legally evict a defaulting tenant.
The Legal Way to Evict a Tenant
Evicting a tenant in Nigeria requires following specific legal steps. The Supreme Court in Iheanacho v. Uzochukwu SC.203/1990 also reiterated these procedures.
The law requires a mandatory period of notice for recovery of possession or as maybe governed by the Tenancy Agreement.
The landlord attempting to evict his tenant from the property is required by law to first issue the tenant a ‘Notice to quit’. Upon expiration of the ‘notice to quit’ which was issued to the tenant and who is still in possession of the demise property, the landlord is statutorily mandated to issue the tenant with the next notice known as the ‘7-days’ notice of the owner’s intention to recover property’. In a situation where the tenant disregards this second notice, the landlord seeks an eviction order from the court. Eviction order will be issued by the court against the tenant who has refused to vacate the landlord’s premises after the determination of the suit.
However, the length of the notice varies depending on the tenancy duration.
- Tenant at will – 1 week notice
- Monthly tenancy – 1 month notice
- Quarterly tenancy – 3 months’ notice
- Half-yearly tenancy – 3 months’ notice
- Yearly tenancy – 6 months’ notice
The landlord is obligated to provide the specified duration of notices unless explicitly indicated that the aforementioned notices would not apply. This indicates that under the Nigerian Tenancy Law, landlords are not allowed to evict tenants without giving a 7-day notice or the specified period as contained in the Tenancy Agreement.
Evicting Occupiers (Non-Tenants)
A written notice to quit is required to be served on the occupier providing same with a specified time to voluntarily vacate the property. The specified duration of the notice to quit determined by the terms of the occupancy and the applicable state laws. If the occupier fails to comply, the landlord can initiate a suit in a court of competent jurisdiction, detailing the reasons for eviction and presenting supporting evidence. The court may then issue an order for possession, granting the owner legal right to recover possession of the said property. However, the court order is executed by the enforcement unit upon approval by the relevant authority of the State High Court or the FCT High Court in Abuja, under protection from the Police and other law enforcement agencies as the case maybe.
It is important to note that even in cases without a landlord-tenant relationship, property owners must adhere to the legal procedure outlined in the cited case. This applies as long as the individual being evicted is in lawful occupation of the property.
What Tenants Can Do in Case of Illegal Eviction
In cases of unlawful eviction, landlords can be sued and held liable for damages. In the case of Ihenacho v. Uzochukwu, the Supreme Court of Nigeria held that resort to self-help by the landlord to evict a tenant who is in lawful occupation is not within the purview of the provisions of the Recovery of Premises Law and that such a landlord renders himself liable to the tenant in trespass. But at common law, the tenant does not have that right; he is treated as a tenant at sufferance or a trespasser. Nonetheless, a landlord to such a tenant is still mandated by law to go through the legal procedure of eviction.
A tenant who has been wrongfully evicted can seek legal remedies through the court of law. These remedies include:
- Compensation for damages: the tenant may be entitled to financial compensation for any losses or damages suffered as a result of the wrongful eviction.
- Reinstatement of services: The court may order that the tenant be allowed back into the property, effectively reversing the eviction.
- Specific performance: The landlord may be mandated to fulfil specific obligations outlined in the tenancy agreement such as allowing the tenant to reoccupy the property.
- Cost of legal fees: the court may order the landlord to cover the tenant’s legal fees and other associated costs incurred in pursuing the case.
Conclusion
Challenges to eviction processes in Nigeria are abundant, including a lack of awareness among tenants and landlord regarding their rights and responsibilities, often leading to misunderstandings and illegal evictions. The Nigerian legal system grants tenants the right to quit notices rather than resorting to self-help measures by landlords which in most situations involve the use of force for eviction. Promoting awareness and adherence to lawful eviction procedures is vital to preventing illegal evictions and protecting tenants’ rights. Tenants should seek legal advice and assistance if they believe their rights are being violated during an eviction process.
AWJAI Can Help
AWJAI is here to assist those who are facing illegal eviction or the threat of it. We provide legal support to help people in these situations.
By Henry Kelechukwu Eni-Otu, Esq.
Board Secretary AWJAI
Lead Partner, Law Corridor, Abuja.
