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How To Evict A Licensee In Nigeria

Table of Contents

How to Evict a Licensee in Nigeria: A Comprehensive Guide

As a landlord in Nigeria, there may come a time when you need to evict a licensee from your property. A licensee is someone who has been given permission to occupy a property for a specific period of time, usually through a lease or rental agreement. However, there are situations where a licensee may breach the terms of their agreement, and it becomes necessary to terminate the agreement and evict them from the property. In this article, we will discuss the steps you need to take to evict a licensee in Nigeria.

Understanding the Legal Requirements

Before you can evict a licensee in Nigeria, you need to ensure that you understand the legal requirements involved. You must follow the provisions of the Recovery of Premises Law, which outlines the legal procedures for the recovery of premises by landlords. You must also ensure that you have a valid reason for evicting the licensee, such as non-payment of rent, illegal use of the property, or breach of the terms of the agreement.

Issuing a Notice to Quit

Once you have established that there is a valid reason for eviction, you need to issue a notice to quit to the licensee. This notice must be in writing and must be served on the licensee either in person or by registered post. The notice must specify the grounds for eviction and the date by which the licensee must vacate the property. It is important to keep a copy of the notice for your records.

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Filing a Claim

If the licensee does not vacate the property by the specified date, you can file a claim at the Magistrate Court. You will need to provide evidence of the grounds for eviction and proof that you issued a notice to quit. The court will then issue a summons to the licensee, requesting that they appear in court on a specific date to defend the claim.

Attending Court

Both parties will need to attend court on the specified date, and the court will hear both sides of the case. If the court decides in your favor, it will issue an order for possession of the property, which you can use to evict the licensee. If the licensee does not vacate the property voluntarily, you can obtain a warrant of possession from the court, which authorizes the police to evict the licensee and recover possession of the property.

Conclusion

Evicting a licensee in Nigeria can be a complex and time-consuming process, but it is necessary if the licensee has breached their agreement. To ensure that the eviction process is carried out legally and effectively, you must follow the legal requirements and procedures outlined in the Recovery of Premises Law. By issuing a notice to quit, filing a claim, attending court, and obtaining a warrant of possession, you can evict a licensee and recover possession of your property.

FAQs

  1. Can I evict a licensee without a valid reason?
    No, you must have a valid reason for evicting a licensee, such as non-payment of rent, illegal use of the property, or breach of the terms of the agreement.

  2. How much notice do I need to give the licensee before evicting them?
    You must give the licensee at least one month's notice to quit before filing a claim at the Magistrate Court.

  3. What happens if the licensee does not attend court?
    If the licensee does not attend court, the court may issue a default judgment in your favor.

  4. Can I evict a licensee without going to court?
    No, you must file a claim at the Magistrate Court and attend court to obtain an order for possession of the property.

  5. How long does the eviction process take?
    The eviction process can take several months, depending on the complexity of the case and the court's schedule.

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