Introduction to Procedure for Recovery of Premises in Nigeria.
First, it depends on whether the person in the occupation of your premises is a tenant, a trespasser, or a squatter. By definition, a tenant is anyone who you let into your property on agreed terms which often includes rent as consideration, and who recognizes your title as the owner or landlord of the property.
However, anyone who enters into your property without your consent or authority and who knows that the property is not his or her own is in law a squatter. But where a person enters into your property and starts challenging your title or ownership, the persons become a trespasser. This background is essential because the same procedures are not used to evict a tenant, a squatter, and a trespasser.
WHERE THE PERSON IS A TENANT
The law that governs the Recovery of premises is the Tenancy laws and Recovery of Premises Laws of various states in Nigeria. By these laws, the steps to take in recovering property from a tenant depend on the nature of his tenancy. That is, whether he is, Monthly tenant, quarterly tenant, a yearly tenant, a statutory tenant (tenant at will or tenant at sufferance)
Section 13(6) of Tenancy Law of Lagos State provides:
“The nature of tenancy shall, in the absence of any evidence to the contrary be determined by reference to the time when the rent is paid or demanded”
By implication, a monthly tenant pays his rent monthly, a quarterly tenant pays his rent quarterly and a yearly tenant pays his rent yearly.
Where a tenant is a yearly tenant, take the following steps to evict:
- Prepare, file, and Serve the tenant with 6 months’ notice to quit
- At the expiration of the 6 months notice, prepare, file, and serve the tenant with 7 days’ notice of the owner’s intention to apply to the court to recover possession.
- At the expiration of the 7 days prepare, file, and serve your claim on the tenant.
Similarly, where the tenant is a monthly tenant:
- Prepare, file, and serve the tenant with a month’s notice to quit
- At the expiration of the 6 months notice, prepare, file, and serve the tenant with 7 days’ notice of the owner’s intention to apply to the court to recover possession.
- At the expiration of the 7 days notice, prepare, file, and serve your claim on the tenant.
WHERE THE PERSON IS A STATUTORY TENANT.
A statutory tenant is a tenant who lawfully went into possession of the premises but now holds over the property of the landlord after his tenancy has expired. If the holding over is with the consent of the landlord, he is a tenant-at-will and if the holding over is without the consent of the Landlord, he is a tenant-at-sufferance. (see Elakhame v Osemobor (1991) 6 NWLR (Pt.196) at 170)
Such a tenant is in the strict sense, not a trespasser or a squatter and to evict such a tenant, the landlord must follow the due process of serving him notices to quit.
The proper notice to serve on such tenant, despite the nature of his tenancy before expiration is the 7 days notice to quit. At the expiration of the 7 days notice, you file another 7 days notice of the owner’s intention to apply to the court to recover possession and finally, serve on the tenant your claim if he still holds over the property.
WHERE THE PERSON IN THE PREMISES IS A TRESPASSER OR SQUATTER.
There is no legal requirement of notices to be served on a trespasser or squatter. Such a person can be sued for trespass because he has no legal right over the premises he is occupying.
WHERE CAN YOU FILE THE NOTICES AND CLAIM?
The court with jurisdiction over tenancy matters is either the Magistrate Court or High Court. It depends on the amount of money you are claiming against the tenant. Section 24 of the Lagos state tenancy law 2011 provides:
“upon the expiration of the time stated in the notices as in Form TL4, if the tenant neglects or refuses to quit and deliver up possession, the landlord may file a claim by way of summons as in Form TL6A and B for recovery of possession either against the tenant or against such person so neglecting or refusing in the Magistrate District or High Court division where the premises is situated”
What can you claim against your tenant:
- Immediate possession of the premises and their appurtenances
- Arrears of rent
- Mesne profit
It is worthy to note that a landlord cannot properly join claims for electricity and water bills with claims for possession. In other words, a landlord has no locus standi or competence to sue for the Nepa bill because he is not the one that supplies the electricity or water to the tenant.