Some Lagos-based lawyers yesterday described as unlawful, the eviction of tenants by landlords without requisite notices.
The lawyers told the News Agency of Nigeria, NAN, that ejecting a tenant for inability to pay rent must be executed by lawul processes.
The lawyers were reacting to complaints by some Lagos residents who claimed that landlords often evict tenants anyhow from their property.
A rights campaigner and lawyer, Mr Spurgeon Ataene, told NAN that no landlord, no matter how influencial, should forcefully eject a tenant.
He said there are laws regulating landlord and tenant relationship, such as the tenancy laws of various states, urging that the provisons must be strictly followed.
“A discussion on tenancy cannot be divorced from the tenancy laws of the different states of the country.
“In Lagos, the tenancy law of Lagos State, 2011 revised in 2023 and 2024 comes handy.
“No one, no matter how highly placed, can evict a tenant except through lawful means ” he said.
According to him, such tenancies can be determined by the issuance of six months notice to quit, for a yearly tenant, and three months notice for a quarterly tenant or half yearly tenant.
“Again, you issue one month notice to quit for a monthly tenant,” he said.
Ataene said ejecting a tenant without due process would infringe on the fundamental rights of the tenant and could be challenged in court.
A member of the African Women Lawyers Association, Mrs Vivian Uwakhonye, said that it was gross violation of the law for a landlord to forcefully evict a tenant.
“A landlord, who forcefully ejects a tenant by either removing his roof or by any other forceful means, commits an offence under the law and can be liable to three years imprisonment or a fine of N250,000.
“Where the rent of a tenant has expired, the most appropriate action to take is to consult a legal practitioner who will issue the requisite notices to quit,” she said.
According to Uwakhonye, at the expiration of the notice, another seven days notice of the landlord’s intention to proceed to court to recover possession, is issued to the tenant.
She said after the expiration of all notices, the matter would be filed in court and hearing notices issued by the bailiff.
“Where the tenant does not show up in court, then, the court can proceed to hear the landlord and enter judgment” she said.
On her part, Mrs Elizabeth Chiozor, another Lagos-based lawyer, said even in circumstances where the court would have given judgment in favour of the landlord, it would not give him the right to evict the tenant.
“Even if the court gives judgment in favour of the landlord, it will still be illegal for him to personally throw out the tenant’s property.
“It is the duty of the court’s Sheriff to execute the judgment of the court and not the landlord,” she said.
According to her, tenants and landlords, like all other Nigerians, are subject to the laws of the land. NAN
