COMMON MISTAKES LANDLORDS MAKE DURING EVICTION AND HOW TO AVOID THEM

Evicting a tenant is a sensitive and legal process that requires strict adherence to the law in Nigeria. Landlords often make common mistakes during the eviction process that can lead to costly legal consequences or delays. Understanding and avoiding these pitfalls is crucial to ensuring that the eviction is handled properly and within the confines of the law. This article highlights some of the most frequent errors landlords make during eviction and provides guidance on how to avoid them.

1. Self-Help
Self-help eviction refers to a situation where a landlord forcibly removes a tenant without following due legal process, such as changing locks, removing the tenant’s property, or disconnecting utilities.

Under Nigerian law, eviction without a court order is illegal, even if the tenant has defaulted on rent or violated the Tenancy Agreement.

The Nigerian law requires that a landlord must obtain a court order before evicting a tenant. This protects tenants from unlawful eviction and ensures that landlords act within the bounds of the law.

2. Improper Service of Notices
A Notice to quit and then a Seven-Day Notice of Owners Intention to Recover Possession are formal documents that must be served properly. If these notices are not given in the prescribed legal format or served in accordance with the law, the eviction process can be delayed or dismissed.

Nigerian law mandates specific requirements for serving notices of eviction to ensure that tenants are properly informed of the landlord’s intention to terminate the tenancy or seek legal eviction. Notices should be in writing, signed by the landlord (or solicitor), and delivered in person or through recognized legal methods (such as posting to the tenant’s last known address).

3. Failing to Maintain Documentation
Landlords must maintain proper records of their tenancy agreements, evidence of rent arrears, and any notices served to the tenant. Without clear documentation, it can be difficult to prove the landlord’s case in court. Failure to keep proper records is a common pitfall that can severely weaken a landlord’s position in an eviction case.

The Nigerian law requires landlords to keep accurate and up-to-date records of the tenancy relationship, including payment receipts, written agreements, and communication with the tenant. This documentation serves as vital evidence in court proceedings, particularly when a landlord is seeking to evict a tenant for non-payment of rent or other breaches of the tenancy agreement.

In Conclusion, the eviction process in Nigeria requires strict adherence to the law. Self-help eviction, improper service of notices, and failure to maintain documentation are common mistakes that can lead to significant legal consequences for landlords. Landlords must ensure that they follow all legal procedures carefully, including obtaining a court order for eviction, serving notices correctly, and maintaining comprehensive records of the tenancy.