What eviction notice means
An eviction notice is the opening move in recovering possession, not the end of it.
This is the single biggest misunderstanding in Nigerian tenancy. A landlord serves a notice, the date passes, the tenant is still there, and the landlord assumes they can now change the locks. They cannot. Only a court can authorise an eviction.
What the notice actually does is end the tenancy and start the clock on a process that, if the tenant does not leave voluntarily, ends in court.
How it is used
The process runs in stages. First comes the notice to quit, which ends the tenancy and must run for the period the law or the tenancy agreement requires.
If the tenant stays after it expires, the landlord serves a seven day notice of the owner's intention to recover possession. That notice is procedural. It does not remove anybody either, it simply sets the stage for court proceedings.
Only then does the landlord go to court, and only a court order actually removes a tenant.
Key features
- Must identify the property clearly and state the correct notice period
- The period depends on the tenancy type, unless the agreement fixes a different one
- Must be issued by somebody with authority, meaning the landlord or their agent
- Must be properly served on the tenant, and service should be provable
- Followed by a seven day notice of intention to recover possession if the tenant remains
How this works in Nigeria
Under Section 13 of the Lagos State Tenancy Law 2011, where the agreement is silent, the statutory minimums are one week for a tenant at will or weekly tenant, one month for a monthly tenant, three months for a quarterly or half yearly tenant, and six months for a yearly tenant.
Where the tenancy is for a fixed term that has ended by effluxion of time, Section 13(5) requires no notice to quit at all.
Self help remains the great trap. Changing locks, removing the roof, cutting power or throwing out belongings exposes a landlord to damages, no matter how far behind the tenant is on rent.
Notice to quit vs seven day notice
The notice to quit ends the tenancy. Its length depends on the tenancy type or on what the agreement says, so it can be a week or it can be six months.
The seven day notice comes afterwards, only if the tenant has not left. It tells the tenant the owner intends to go to court, and it is always seven days.
Skipping the second one is a common and expensive mistake. A landlord who serves a valid notice to quit and then goes straight to court, without the seven day notice, can have the case thrown out and have to begin again.
Limits and risks
A notice cannot shorten the period the law or the agreement requires, and a notice stating the wrong period is defective on its face.
It also cannot substitute for a court order. Even a perfect notice, correctly served and long expired, gives a landlord no right to remove anyone personally.
Worth knowing
Check the tenancy agreement before relying on the statutory periods. Section 13 lets the parties agree their own notice period, and the agreed period binds both sides.