How Many Months is a Quit Notice in Nigeria? Legal Guide

Under Nigerian tenancy law, the statutory notice period required to evict a tenant depends primarily on the type of tenancy agreement and the frequency of rent payment.

If you are a landlord preparing to recover possession or a tenant facing eviction, here is a complete breakdown of legal notice periods, key legislation, and how quit notices are calculated.

1. Statutory Notice Periods by Tenancy Type

In the absence of a specific clause written into the lease agreement, the statutory minimum notice periods under the Recovery of Premises Act (and corresponding State Tenancy Laws, such as the Lagos State Tenancy Law 2011) are as follows:

2. The Legal Exception: Express Terms in the Agreement

The most critical principle in Nigerian tenancy law is that the tenancy agreement overrides statutory default rules.

• Written Agreement Controls: If your written agreement explicitly states that a yearly tenant is entitled to 1 month’s notice instead of the statutory 6 months, the court will enforce the 1-month period agreed upon by both parties.
• Waiver of Notice: If a tenant signs a clause waiving their right to a quit notice altogether, the landlord may proceed directly to serving a 7-day Notice of Owner’s Intention to Apply to Recover Possession.

3. The Two-Step Eviction Process

A landlord cannot forcibly eject a tenant simply because the quit notice has expired. Nigerian law requires a strict two-stage statutory procedure:

1. Notice to Quit: Issued during the subsistence of the tenancy to inform the tenant that the lease will end on a specified date.
2. Notice of Owner’s Intention to Recover Possession (7 Days’ Notice): Issued after the Quit Notice has expired if the tenant remains in occupation. Only after this 7-day notice expires can the landlord file a suit in court.

4. Key Takeaways for Landlords and Tenants

• Calculating the Expiry Date: A quit notice must not expire before the current tenancy period naturally ends, unless the tenancy has already lapsed or been breached.
• Self-Help is Illegal: Landlords are strictly prohibited from using force, changing locks, removing roof sheets, or cutting off electricity/water utilities to evict a tenant. Unlawful eviction subjects the landlord to civil damages and criminal liability.
• Fixed-Term Expired Leases: Under certain state laws (like Section 13 of the Lagos State Tenancy Law), if a fixed-term tenancy expires by the passage of time and the landlord has given notice of non-renewal, only a 7-day Notice of Owner’s Intention is required.