Recovering residential premises from tenants can be a stressful process, especially if you don't know the proper steps to take. If you're a landlord in Lagos State, Nigeria, it's important to understand the legal processes and options available to you to ensure that you are able to reclaim your residential property. 

In this blog post, we'll provide an overview of the process of recovering residential premises from tenants in Lagos State, Nigeria, including the steps you need to take and the applicable laws.

Obtain a court order

Recovering a residential premise from tenants in Lagos State, Nigeria is a delicate matter that must be handled with care and caution. You cannot just forcefully evict tenants without a court order, as it is against the law. Therefore, your first step towards recovering your property should be to obtain a court order.

The court order will grant you the legal right to take back your property from the tenants. To obtain the court order, you will need to file a lawsuit against the tenant, outlining your reasons for wanting to evict them. You must be able to prove your claims in court with sufficient evidence.

It is essential to note that the legal process can be lengthy and complex, but it is the only legal way to recover your property from tenants. If the court grants your request, the tenant will be given a notice to vacate the premises within a specified time frame. The notice usually gives tenants between 7 to 30 days to move out of the property.

It is crucial to have an experienced lawyer to represent you during this process. A good lawyer will ensure that your legal rights are protected, and the court process is handled efficiently.

Give the tenant a notice to quit

Before proceeding with any action to recover your residential premises from a tenant, it is essential to give the tenant a notice to quit. This notice should inform the tenant that their tenancy has come to an end, and they should vacate the premises within a specified period.

Under the Lagos State Tenancy Law 2011, landlords are required to give their tenants a notice to quit at least one month before the end of the tenancy period. If the tenant fails to vacate the premises after the expiration of the notice, the landlord can take further legal action.

It is important to note that the notice to quit must be properly drafted and served to the tenant in accordance with the law. This means that it must be in writing, clearly stating the date of the notice, the reason for the notice, the period of the notice, and the name and signature of the landlord.

The notice must also be served to the tenant personally or posted to their last known address. In cases where the tenant is not available to receive the notice, it can be served to a family member or someone else who is over the age of 18 and lives in the same household.

If the tenant fails to vacate the premises after the expiration of the notice, the landlord can proceed with legal action to recover the premises. This can include obtaining a court order for possession, changing the locks, removing the tenant's belongings, and seeking the help of law enforcement.

Change the locks

After obtaining a court order and serving the tenant a notice to quit, the next step is to change the locks of the residential premises. This is a crucial step as it ensures that the tenant cannot access the premises without your consent or permission. Changing the locks also prevents the tenant from re-entering the premises unlawfully, which is an offense under the law.

It is essential to engage the services of a professional locksmith to change the locks, as they have the expertise and tools required to carry out the task effectively. When changing the locks, it is important to ensure that the locks are of high quality and cannot be easily tampered with. You should also make sure that the new keys are given only to individuals who have the legal right to access the premises.

If the tenant still has a valid lease agreement, it is important to give them notice before changing the locks. In some cases, the tenant may need access to the premises to remove their belongings or complete their moving process. Therefore, it is important to give them enough notice to enable them to carry out these activities before changing the locks.

Changing the locks can be a stressful and emotional process for both parties involved. However, it is important to remember that it is a necessary step to recover your residential premises from a tenant who has violated the terms of their lease agreement. By engaging the services of a professional locksmith and ensuring that all legal requirements are met, you can protect your property rights and recover your premises in a lawful and effective manner.

Remove the tenant's belongings

Once you have obtained a court order and given the tenant a notice to quit, you have the legal right to remove their belongings from the property. However, it's important to proceed with caution and ensure you follow all legal procedures to avoid any potential liability issues.

First, you'll need to schedule a time to remove the tenant's belongings. Make sure to give the tenant ample notice so they have the opportunity to collect their belongings themselves. If they fail to do so, you can remove their belongings and store them for a set period of time (usually 30 days).

When removing the tenant's belongings, take an inventory of all items to avoid any claims of lost or stolen items. Also, be sure to handle their property with care to avoid any damage.

If the tenant disputes the removal of their belongings or claims that some items are missing, you may need to involve law enforcement or seek legal advice.

Remember, the process of recovering residential premises from tenants can be complex and it's important to follow all legal procedures to protect yourself and your property.

Seek the help of law enforcement

In situations where the tenant has refused to vacate the premises, despite receiving a notice to quit and a court order, you may need to involve law enforcement officials. This will enable you to forcefully take possession of the property without breaking any laws.

It is important to note that this should be a last resort, as involving the police can often escalate the situation and lead to confrontations. You should only do this if all other options have been exhausted, and you have a legal basis for seeking the assistance of law enforcement officials.

Before contacting the police, ensure that you have all the necessary legal documentation, such as the court order and the notice to quit. This will serve as evidence that you have followed due process in attempting to recover possession of the property.

When the police arrive, explain the situation to them calmly and provide them with the relevant documentation. They will then proceed to ensure that the tenant is removed from the property and that you are able to take possession.

It is important to note that while the police are there to assist you, they are not allowed to use excessive force or act outside the bounds of the law. Therefore, it is essential to approach this process in a calm and measured manner to ensure that all parties involved are protected and that the situation is resolved peacefully.