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How to Give Quit Notice in Nigeria: A Step-by-Step Guide
If you are a landlord in Nigeria, you may find yourself in a situation where you need to give a quit notice to a tenant who is not paying rent or violating the terms of the lease agreement. However, giving a quit notice can be a daunting task. In this article, we will provide you with a step-by-step guide on how to give quit notice in Nigeria.
Step 1: Understand the Law
Before giving a quit notice to your tenant, it is essential to understand the law regarding eviction in Nigeria. The Tenant-Landlord Law of Lagos State 2011, which is applicable to Lagos State, provides guidelines on the legal process of eviction. Other states in Nigeria also have similar laws that regulate the eviction process. Therefore, you need to be familiar with the tenancy laws in your state.
Step 2: Check the Lease Agreement
Before giving a quit notice, you need to review the lease agreement that you signed with your tenant. The lease agreement should contain provisions that outline the reasons for which a tenant can be evicted. If the tenant has violated any of these provisions, you can give them a quit notice.
Step 3: Draft the Quit Notice
The quit notice is a legal document that informs the tenant that they have a certain amount of time to vacate the property. The notice should be in writing and should contain the following information:
- The name and address of the tenant
- The address of the property
- The reason for the notice
- The date the notice was served
- The date the tenant is expected to vacate the property
- Your contact information
Step 4: Serve the Quit Notice
After drafting the quit notice, you need to serve it to the tenant. The tenant can be served by hand, by post, or by a process server. Ensure that you have proof of service, such as a signed acknowledgement of receipt or an affidavit of service.
Step 5: Wait for the Expiration of the Notice
After serving the quit notice, you need to wait for the expiration of the notice period. The notice period is usually 7, 14, or 21 days, depending on the tenancy laws in your state. If the tenant fails to vacate the property after the expiration of the notice period, you can proceed to the next step.
Step 6: File a Suit in Court
If the tenant fails to vacate the property after the expiration of the notice period, you can file a suit in court to recover possession of the property. You will need to engage the services of a lawyer to file the suit on your behalf. The court will hear the case and make a judgment.
Step 7: Evict the Tenant
If the court rules in your favour, you can obtain a Writ of Possession, which authorizes you to remove the tenant from the property. You will need to engage the services of a bailiff or sheriff to carry out the eviction. The eviction should be carried out in accordance with the law and without any use of force.
Conclusion
Giving a quit notice can be a complicated and stressful process. However, by following the steps outlined in this article, you can give a quit notice in Nigeria without any hitches. Remember to always follow the law and seek legal advice when necessary.
FAQs
- Can I give a quit notice without a reason?
No, you cannot give a quit notice without a reason. The reason for the notice must be stated in the notice.
- How long should the notice period be?
The notice period varies from state to state, but it is usually 7, 14, or 21 days.
- Can I evict a tenant without a court order?
No, you cannot evict a tenant without a court order. A court order is required to evict a tenant.
- Can I use force to evict a tenant?
No, you cannot use force to evict a tenant. The eviction should be carried out in accordance with the law and without any use of force.
- Can I recover unpaid rent after evicting a tenant?
Yes, you can recover unpaid rent after evicting a tenant. You can file a suit in court to recover unpaid rent.
