The eviction process and recovery of premises by a landlord is a legally prescribed procedure. It allows landlords to regain possession of their property when tenants fail to meet certain obligations. They may also breach rental agreements. Although the basic concept is similar around the world, the eviction process can vary considerably. It depends on laws of each country, procedures, and the rights of both parties.
GENERAL PRINCIPLES FOR RECOVERY OF PREMISES.
Recovery of Premises is regulated by law. Strict compliance is needed to moderate the excesses of the landlord and tenant. A tenant is a person in lawful occupation of premises given by the landlord who has a term of years. Tenant does not include one claiming interest in the land-get a case to buttress. Understanding the eviction process helps landlords navigate these principles effectively.
Service of the processes shall be personally or substituted where former is actually inconvenient/impracticable.
PROCEDURE FOR RECOVERY OF POSSESSION OF PREMISES AND MATERIAL FACTS TO BE PROVED.
First;
The landlord or his specially authorised agent is to serve the tenant the written, dated and signed statutory Notice to Quit.
This notice should clearly identify the premises, kind of tenancy, date of commencement and termination, and the date the notice to quit is to expire. It should unequivocally ask the tenant to quit and deliver up possession.
This notice can be given before the date of termination of the current term, unless a tenancy agreement provides otherwise. A tenant at will or weekly tenancy gets 1 week notice. Monthly, quarterly, half yearly, and yearly tenants get 1 month, ¼ and 6 calendar month’s-notice respectively. Under S 13 of the Lagos State Tenancy Law 2011, notice for the quarterly, half yearly and yearly tenant can terminate on or after the date of expiration of the tenancy. Landlords must adhere carefully to these regulations during the eviction process.
Second:
Upon the refusal of the tenant to quit and deliver possession after the notice to quit has expired, the owner or his authorised agent should serve a written and signed notice of owner’s intention. They must apply to recover possession after at least 7 days has elapsed from service of this notice.
Third;
Where tenant still holds over and refuses to quit as demanded, the owner or his agent may file a writ/plaint/claim (in High Court, District Court, Magistrate Court respectively). This should be in the court in division where the premise is situate. The originating process should precisely describe the premises, the period of tenancy, and date of expiration of the tenancy under the quit notice. He is entitled to possession of the premises which he had let to the defendant. Despite the fact that the notice of owner’s intention to apply to recover possession of premises (attached) has been served on the defendant (describe how service was effected), he still detains the premises. Claim for possession arrears of rent and or mesne profit. This stage solidifies the legal proceedings within the eviction process framework.
Next; the case is set down for hearing
Next: Trial commences, and the plaintiff should show (through written deposition or oral examination of witnesses) that he is the one entitled to possession. The conditions precedent have been complied with in instituting the action. Proper notices with correct dates of expiration should have been served.
NB: on expiration of notice to quit, the money is called mesne profit rather than the hitherto terminology of rent or arrears for rent.
NB: the Tenant may counter claim. Maybe in respect of un-exhausted improvements, expenses (authorised by the landlord) on the premises, etc.
NOTICE TO QUIT AND NOTICE OF OWNER’S INTENTION TO APPLY TO RECOVER POSSESSION.
WRIT OR PLAINT COMMENCING AN ACTION FOR RECOVERY OF POSSESSION OF PREMISES.
DRAFT NOTICE TO QUIT, NOTICE OF OWNER’S INTENTION TO RECOVER POSSESSION OF PREMISES, WRIT OR PLAINT COMMENCING AN ACTION FOR RECOVERY OF POSSESSION OF PREMISES.
- Personal service unless same is inconvenient or impracticable. By Section 18 of Tenancy Law of Lagos State, personal service for tenant of residential premises includes; in person, on any adult residing in the premises, by courier to the premises, affixing to prominent part of premises with corroborative proof of service.
- No longer landlord as the tenancy is deemed terminated at expiry of quit notice.
- Although suit before expiration of 7 days is not nullified provided it was not concluded before the expiration of the 7 days.
- Content include; title, Addressee (occupier), Solicitor Name, Owner’s Name, Description of the Property, Length of Notice, Fact that tenancy has been determined through XYZ mode but addressee is still holding over
- Action may be filed in any provided the rental value is within the ambit of the court’s statutory limit (5 million for District Court, 10 Million naira for Magistrate Court) and jurisdiction (e.g. in Magistrate court it must be only for recovery of premises). The eviction process requires landlords to understand these court limitations.
- Maybe arrears of rent, breach of covenant, he requires premises for personal use or premises requires substantial repair.
Although court may grant possession where the premises is being used for immoral/illegal purpose, abandoned, or unsafe as to constitute threat to human life. It may also do so for occupier’s intolerable conduct or induces breach of tenancy agreement. Leeway may be given to the tenant to seek alternative accommodation, except it is undeserving. Successfully navigating these conditions is essential for landlords in the eviction process and recovery of premises.
