What quit notice means
A quit notice ends a tenancy. It does not evict anybody.
That distinction decides most Nigerian tenancy disputes. The notice brings the tenancy to an end on a stated date. If the tenant does not leave, the landlord serves a seven day notice of intention to recover possession, and then goes to court. Only a court order removes a tenant.
Most fights about quit notices come down to one question, which is how much notice the tenant was actually entitled to.
How it is used
The landlord or their agent prepares the notice, identifying the property and stating when the tenancy ends, and serves it on the tenant in a way that can be proved.
The period has to be right. Get it wrong and the notice is defective on its face, the eventual court case can be struck out, and the landlord starts again having lost months. Get it right and the process moves.
Key features
- Ends the tenancy, it does not authorise removal of the tenant
- Length depends on the tenancy type unless the agreement says otherwise
- Must identify the property and state the correct expiry date
- Must be issued by somebody with authority and properly served
- Followed by a seven day notice if the tenant remains after expiry
How this works in Nigeria
Under Section 13(1) of the Lagos State Tenancy Law 2011, where the tenancy agreement is silent, the statutory minimums are one week for a tenant at will or a weekly tenant, one month for a monthly tenant, three months for a quarterly tenant, three months for a half yearly tenant, and six months for a yearly tenant.
Most Nigerians renting flats are yearly tenants, which means six months unless their agreement says otherwise. A one month notice served on a yearly tenant is defective.
Section 13(6) also decides the tenancy type where it is unclear, by reference to when rent is paid or demanded rather than how often the tenant happens to pay.
Statutory period vs agreed period
The statutory periods only apply where the tenancy agreement is silent on notice.
Section 13 expressly allows landlord and tenant to agree their own notice period, and that agreed period binds both sides. If your agreement says either party may terminate on thirty days written notice, thirty days is your notice even though you are a yearly tenant who would otherwise get six months.
So the first thing either party should do when a quit notice appears is read the tenancy agreement, not the statute.
Limits and risks
A quit notice is not needed at all for a fixed term tenancy that has ended by effluxion of time. Under Section 13(5), where the term was for one year certain and that year has run out, no notice to quit is required.
A notice also cannot be used to remove a tenant directly. Landlords who treat the expiry date as permission to change the locks expose themselves to a damages claim.
Worth knowing
Read the tenancy agreement before relying on the statutory periods. An agreed notice clause overrides the default, in both directions.