A client once complained to me about a belligerent tenant who despite owing arrears of rent had refused to vacate the premises. My Client wanted to let the premises to someone else who was ready to pay and asked how he could get the tenant out in two months.

This is rather an unfortunate situation landlords sometimes find themselves in. My Client required funds for his business and these funds were being held over by the unyielding tenant, which was very frustrating for him. One cannot blame tenants who also are in this position because such disputes usually arise from the financial incapacity of the tenant or from dispute with the landlord over rights and obligations of the parties.

Sadly for my client, I informed him that his tenant being a yearly tenant could not be evicted in 3 months except he left on his own accord as it was mandatory that the tenant be served a 6 months’ Notice before the process of eviction could begin.

Many impatient landlords sometimes result to self-help in these situations. Some by executing physical ejection of the tenant by forcefully removing the tenant’s belongings from the premises or by frustrating the tenant via cutting off water supply to the tenant’s apartment and also via some extreme measures like removing the roof of the building and exposing the tenant to the elements of nature.

All landlords must note that these sorts of actions are extremely frowned upon by the law. Even where a tenancy has come to an end, the landlord is not entitled to go out into the premises and physically throw out the tenant but must give the statutory notice required to the person in possession. The laws of all civilized nations have always frowned at self –help. The law forbids it.Elochin (Nig) Ltd V. Mbadiwe (1986) 1 NSCC 42.

Where the landlord brushes aside the necessity to obtain an order of court of law for possession and jettisons the rule of law, enters the premises and takes possession, he has committed an infraction of the rights of the tenant and renders himself liable in trespass.

It is therefore advised that should a landlord be in such situation, it is wise to retain the services of a lawyer in ejecting the tenant. Also negotiating and mediating as a means of settling tenancy disputes should be explored and encouraged.

Is it right for a landlord to ask for rent in a house he has put up for sale?