The Lagos State Tenancy Law 2011 provides that parties can provide for how a notice to quit can be given in the tenancy agreement, however, when there is no such provision, the law provides that:-

�a week’s notice for a tenant at will.
�one (1) month’s notice for a monthly tenant
�three (3) month’s notice for a quarterly tenant
�six (6) month’s notice for a yearly tenant.

It’s important to note that when the tenancy is for a fixed period (e.g. one year) and such period has expired but the tenant refuses to give up possession, if the landlord intends to recover possession, he shall serve a seven (7) days written notice of his intention to apply to recover possession, without the 6 months statutory notice. Such notice will be classified as properly served when handed to the tenant in person; to an adult residing on the premises; by courier to the address or posting same on a prominent part of the premises.

Upon expiration of the 7 day ultimatum, if the tenant still refuses to give up possession, the landlord may file a claim for recovery of possession against the tenant in the magistrate court or high court where the premises is located.
A court can also order possession if the tenant is in arrears of rent; has breached any covenant in the agreement; where the premises is required for personal use by the landlord and where the premises requires substantial repair. A court shall also have power to make an order for possession upon proof of facts that; the premises is used for immoral or illegal purposes; has been abandoned; is unsafe and constitutes a danger to the public or the tenant simply constitutes a nuisance.

Barr Ayo Aderinto.
08068088866.

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