Before I elucidate on the procedures, it is important to note that its easier to rent out your property than ejecting the tenant.
As a Land lord/Land lady/Property Manager, when faced with the challenge of evicting your tenant, how do you eject the tenant?
First knowing the category your tenant falls in is very important. Two notices you are required to issue your tenant are-Notice to Quit and 7 Days owners’ intention to recover possession. There is usually no particular format but the notice to quit must comply with the law.for example a notice to quit must not cannot be shorter than the time frame, but it can be longer.S.13(1) OF TENANCY LAW OF LAGOS STATE Categorized tenants and the types of notices landlord can serve them.
1. TENANTS AT WILL-These are generally tenants who enter into possession with no papers as to the mode of tenancy and period of payment, they could be paying in kind, squatting, to evict them you still need to write them notice. notice is one week.see s. 13(1) of Tenancy law of lagos state 2011.
2. Weekly Tenants-These categories of tenants renew their tenancy every 7 days,if you want to evict them,you will need to issue and serve them 7 days notice.(a week notice).
3. Monthly tenants-these categories of tenants renew their tenancy every month. Length of notice is one month notice.
4. Quarterly Tenants-A quarters notice is required is required if you intend to evict these categories of tenants.
5. Half Yearly Tenants-3 months notice is required to evict these categories of tenants who renew tenancy every half year.
6. Yearly Tenants-they renew their tenancy every year, serve them with six(6 )months notice.
At a particular point you ask what if the tenancy exceeds 1 year,how do I evict the tenant?, serve them with a 6 months’ notice. if the tenant though a yearly tenant, starts paying monthly, for example, his rent is 300k,he starts paying 25k every month,for up to 3-4months he is no longer a yearly tenant, you can evict him,with a months notice. And then if he pays rent in part,leaving a balance unpaid,you cannot evict him until the expiration of the current payment is fully exhausted.if your tenant pays the sum of 350k as rent every January,but decided to pay the rent in june,are the past months forgiven?no,he is in arrears of rent and must pay, and the rent paid in june will first cover from January until it is fully exhausted,and then if he decides to pay in june when he was supposed to pay in January and you have issued him notice to quit?has the notice to quit been over taken by the event of payment of rent? Its advised you don’t do this to your land lord,but if before the length of notice expired,you pay a substantial amount covering the past and the future, you are not going to leave the apartment until you exhaust your payment.so you see a notice to quit generally determines a tenancy but to evict the tenant,you must must comply with the timing,and hope the tenant is not clever by half.
Also note that you must not only issue a notice to quit,and 7 days owners intention to recover possession,you must serve them on the tenant,unless you can do affidavit of the tenant refusing service/not acknowledging service usually in the written statement on oath.
Service is very fundamental, that without it the entire process of evicting your tenant collapses.
