Right Way To Evict A Tenant For Non Payment of Rent

Evicting tenants fornon-payment of rent can be a daunting and tricky exercise for many landlords, especially in Nigeria where laws governing landlord-tenant relationships are complex.

To evict a tenant for non-payment of rent in Nigeria, landlords must comply with relevant laws and procedures to do so. It is important that landlords understand the necessary steps to take when evicting tenants in order to avoid any potential legal repercussions or disputes.

In Nigeria, tenants and landlords are bound by the provisions of the Rent Restriction Acts which was enacted by the National Assembly in 1973. This Act sets out the rights and responsibilities of both landlords and tenants in any rental agreement.

The Act stipulates in Section 24 that a landlord may apply to the court for an order of eviction if his tenant fails to pay the rent due and owing for a period of at least three months.

Under the Rent Restriction Acts, a landlord must follow the correct procedure to evict a tenant.

1. Demand Notice: The first step in the eviction process is to serve the tenant with a Notice of Demand. This notice informs the tenant that they have not paid their rent on time and must make payment within a certain period. If the tenant fails to make payment within the required period, the landlord can move forward with the eviction process.

2. File a Court Action: In order to begin an eviction process under the law, a landlord must file a court action.

This action informs the court that there is an issue of rent arrears and that the landlord wants to evict the tenant for failing to pay rent.

The landlord must also attach all relevant documentation to the court action such as the rental agreement and proof of rent payments.

3. Notice to Vacate: Once the court has accepted the landlord’s action, the court will then issue a Notice to Vacate. This document informs the tenant that they must vacate the premises within a specified period of time.

The tenant must comply with the Notice to Vacate and must vacate the premises by the date stated or risk further legal action.

4. Court Order of Eviction: If the tenant fails to comply with the Notice to Vacate, the landlord can ask the court to issue an Order of Eviction.

This document officially orders the tenant to vacate the premises. The Order of Eviction is final and the tenant must leave the premises immediately or risk legal action.

Thus, it is important for landlords to be aware of their rights and responsibilities as well as the laws governing eviction when evicting tenants in Nigeria. It is also important to not pursue eviction without first following the legal steps outlined above.

Failure to comply with the laws relating to eviction can result in lawsuits, fines, and other legal action that can have adverse consequences.

Therefore, landlords should ensure that they understand the law and ensure that they comply with the relevant procedures before evicting a tenant for non-payment of rent in Nigeria.