How to Legally Remove a Tenant Who Refuses to Leave in Nigeria

This is one of the most stressful situations a Nigerian landlord can face. You need the property back — to move in, to rent to someone who will actually pay, or because you need to sell. Your tenant knows the law takes time, and they're using that time against you.

The good news is that Nigerian law does give landlords a clear process to recover their property. The bad news is that shortcuts — cutting power, locking them out, moving their belongings — can expose you to a lawsuit that makes your situation worse, not better. This guide walks you through the right process.

Why Self-Help Eviction Is Illegal in Nigeria

Self-help eviction means taking the law into your own hands to force a tenant out — removing the roof, cutting utilities, changing locks while they're out, or using people to physically pressure them to leave.

Under Nigerian law, this is illegal regardless of whether the tenant has paid rent or whether the tenancy has expired. A landlord who resorts to self-help can be sued for trespass, wrongful eviction, and damages — and will likely lose, even if they were entirely right about the tenant needing to leave. The tenant's behavior does not give the landlord the right to bypass the legal process.

The correct process requires notices, and if those fail, court action. It takes longer — but it is the only path that doesn't risk making you the defendant in a lawsuit.

Step 1: Serve a Valid Notice to Quit

The first formal step is serving a written Notice to Quit on the tenant. This notice must:

• Be in writing and clearly addressed to the tenant
• State that you require the tenant to vacate the property
• Give the legally required minimum notice period
• Be served in a documented way — ideally handed to the tenant with a witness present, or sent by registered post

The required notice periods in most Nigerian states (Recovery of Premises laws vary by state, but these are broadly applicable):

Tenancy Type	Minimum Notice Period
Monthly tenancy	1 month
Quarterly tenancy	3 months
Half-yearly tenancy	3 months
Yearly tenancy	6 months
Tenancy at will (no fixed term)	7 days

Notice periods must expire at the end of a rental period — so a notice served mid-month to a monthly tenant typically doesn't expire at the end of that month, but at the end of the following one. Get this right, because an incorrectly served notice can invalidate your court case later.

Step 2: Issue a 7-Day Owner's Notice

If the tenant does not vacate after the Notice to Quit expires, you must then serve what is commonly called a "7-Day Owner's Notice" or "Landlord's Notice Requiring Possession." This is a second notice informing the tenant that:

• The Notice to Quit has expired
• They are now in unlawful occupation
• If they do not vacate within 7 days, you will commence court proceedings for recovery of premises

Again, serve this in writing with proof of service. The 7-day window gives the tenant a final opportunity to leave voluntarily before you go to court.

Step 3: Try Mediation Before Court

Before filing a court case — which can take months — mediation offers a faster path to a documented, enforceable agreement.

Mediation is particularly useful when:

• The tenant won't leave but might agree to a specific vacating date if approached through a neutral third party
• There are disputed amounts — unpaid rent, damages to the property — that need to be resolved alongside the vacating
• You want to avoid the cost and time of a court case

A mediated agreement in which the tenant commits to vacating by a specific date is legally enforceable — and often achievable in days rather than the months a court case takes. Many tenants who refuse to engage directly with a landlord will participate in mediation when a neutral third party is involved.

Step 4: File for Recovery of Premises in Court

If mediation fails or the tenant refuses to participate, the next step is filing a suit for Recovery of Premises at the Magistrate Court (for lower-value premises) or the High Court in your state.

The court process:

1. File an application showing the tenancy agreement, the notices served, proof of service, and that the tenant has refused to vacate
2. The court issues a summons requiring the tenant to appear and show cause why an order for possession should not be made
3. If the court is satisfied that proper notice was served and the tenancy has expired, it issues an order for possession
4. If the tenant still doesn't leave, the court issues a warrant of possession, authorizing court officials (not the landlord personally) to physically remove the tenant and their belongings

You can handle this process without a lawyer in Magistrate Court, particularly if your notices were correctly served and the facts are straightforward. In High Court proceedings, legal representation is advisable.

Recovering Unpaid Rent Alongside Possession

If the tenant also owes unpaid rent, you can include this in your court application — or file separately as a debt claim. Document every unpaid period with receipts or bank records showing what was paid versus what was owed. A court that grants possession can also award the arrears as a judgment debt.