An eviction notice is a legal document a landlord sends to tenants to inform them that they must vacate the property within a certain number of days. This notice informs tenants and demand vacation of the property within a set period. Using a proper eviction notice template can help ensure all necessary details are included.
Notice Periods & Laws
Lagos State
Where there is no stipulation as to the notice to be given by either party to determine the tenancy in their tenancy agreement, the tenancy law of Lagos State by section 13 will determine the length to be given as notice. An eviction notice template can be useful in these situations.
| Type of Tenancy | Required Notice Period to Quit |
|---|---|
| Tenancy at Will | 1 week (7 days) |
| Weekly Tenancy | 1 week (7 days) |
| Monthly Tenancy | 1 month |
| Quarterly Tenancy | 3 months |
| Half-Yearly (Semi-Annual) | 3 months |
| Yearly (Annual) Tenancy | 6 months |
Abuja
Under the Recovery of Premises Act applicable in Abuja, and generally common in many other state, same schedule applies: 1 week, 1 month, 3 months, 6 months depending on tenancy term. Make sure your eviction notice template complies with local laws.
| Duration of Tenancy | Notice to Quit | Exception if in Arrears |
|---|---|---|
| Tenancy at Will | 1 week | 7-day recovery notice may suffice if default conditions apply |
| Weekly Tenancy | 1 week | — |
| Monthly Tenancy | 1 month | If in arrears for 6 months → only 7-day recovery notice |
| Quarterly Tenancy | 3 months | If in arrears for 1 year → only 7-day recovery notice |
| Half-Yearly (Semi-Annual) Tenancy | 3 months (some say) | Same arrears exception as quarterly (1-year arrears) |
| Yearly (Annual) Tenancy | 6 months | If expired and in default → only 7-day recovery notice |
How to Evict a Tenant: A Landlord’s Guide
Step 1: Understand Legal Grounds for Eviction
Evictions must be based on legally valid reasons. Common grounds for eviction include:
- Non-payment of Rent: The tenant has failed to pay rent as agreed in the lease.
- Lease Violations: Breaches such as unauthorized occupants, pets, or illegal activities.
- End of Lease Term: The lease has expired, and the tenant refuses to vacate.
- Property Damage: The tenant causes significant damage to the rental unit. An eviction notice template can specify these issues clearly.
Ensure your reason for eviction aligns with state and local laws.
Step 2: Review the Lease/ Tenancy Agreement
Before initiating an eviction, review the lease agreement to confirm:
- The specific terms the tenant has violated.
- Notice requirements, such as how many days’ notice you must provide.
Step 3: Serve an Eviction Notice
The first formal step in the eviction process is serving the tenant with a written notice. An eviction notice template can help ensure that all necessary elements are included.
Step 4: Institute a Proceeding to Recover Possession in Court
If the tenant doesn’t comply with the eviction notice, you’ll need to file a summons for recovery of possession.
Step 5: Attend the Court Hearing
Be prepared to provide evidence supporting your claim, such as:
- A copy of the lease agreement.
- Proof of the tenant’s violation (e.g., unpaid rent receipts, photos of damages).
- Copies of eviction notices served.
If the court rules in your favor, you’ll receive a writ of possession, allowing you to regain control of the property.
Step 6: Enforce the Eviction
If the tenant still refuses to leave, you may need to involve local law enforcement to remove them. Never attempt self-eviction methods, such as changing locks or removing the tenant’s belongings, as this could result in legal penalties.
Step 7: Recover Damages (If Applicable)
After the tenant vacates, assess the property for damages. You may use the security deposit to cover repairs or file a separate lawsuit to recover additional costs.
Tips for a Smooth Eviction Process
- Document all communication with the tenant.
- Comply with state laws to avoid legal disputes.
- Consider mediation or alternative dispute resolution before filing for eviction.
Frequently Asked Questions About Eviction Notices
1. What is an eviction notice?
An eviction notice is a formal document a landlord serves to a tenant to begin the eviction process. It informs the tenant of the reason for eviction and provides a specific timeframe to address the issue or vacate the property.
2. Are eviction notices legally required?
Yes, in most jurisdictions, landlords are required to serve an eviction notice before filing an eviction lawsuit. This step ensures the tenant has an opportunity to correct the issue or move out voluntarily.
3. How much notice do I need to give a tenant?
Notice periods vary by state for eviction especially where the tenancy agreement keeps mute on the length to be given.
5. Can I deliver an eviction notice via email?
Most cases require eviction notices to be delivered in person or to the residential address of the tenant. It can also be sent via certified mail.
6. What should be included in an eviction notice?
An eviction notice should include:
- The tenant’s name and address.
- Deadline to comply or vacate.
- Date of notice issuance.
7. Can a tenant fight an eviction notice?
Yes, tenants can contest an eviction notice in court by arguing:
- The landlord didn’t follow legal procedures.
- The allegations (e.g., non-payment) are false.
9. What happens if the tenant ignores the eviction notice?
If the tenant doesn’t comply, the landlord can file an lawsuit to obtain a court order for their removal.
11. Can I include unpaid rent in the eviction notice?
Yes, you can include such or even sue for it in the form of mesne profit.
14. What happens if the tenant leaves after receiving an eviction notice?
If the tenant vacates, inspect the property for damages and return any remaining security deposit.
15. Can eviction notices be revoked?
Yes, landlords can revoke an eviction notice if the tenant resolves the issue. Ensure this agreement is documented.