NOTICE TO QUIT

Eviction Notice, as a written communication from a landlord, serves as a demand for the tenant to surrender and leave the rented premises, effectively terminating the tenancy agreement. It is an explicit and unambiguous notification by the landlord expressing the intention to end the tenancy. A notice to vacate is a clear and explicit notification provided to a tenant, indicating that the tenancy has been terminated and will not be extended or renewed.

A lessor-lessee relationship is a legal association between the landlord and tenant of real property. This connection is established through a contractual agreement for leasing, typically spanning periods such as a week, a month, or annually. Upon the expiration of the tenancy term, the property must revert from the tenant to the landlord.

Hence, in situations where there is no association between a landlord and a tenant, there is no eligibility for statutory notices. This is particularly applicable to squatters and trespassers, or when the tenancy has concluded due to the passage of time, or when the tenant is in rent arrears for a period that warrants notice.

Please be aware that a fixed-term tenancy does not necessitate a notice to quit prior to its termination. All that is needed is the filing of the plaint or writ after serving the seven days’ notice of the owner’s intention to regain possession.

The duration of notice in concluding a tenancy is crucial, and failure to adhere to it renders the notice void. The legal framework permits the parties involved in a tenancy to mutually establish the terms of their agreement, including the length of notice required to terminate the tenancy.

Nonetheless, in the absence of a mutual agreement between the parties on the notice period, the default notice periods stipulated under the recovery of premises statutes automatically come into effect.

In situations where there is no explicit provision regarding the notice period for terminating the tenancy by either party, the following durations shall apply:

• For tenancy at will or weekly tenancy, a notice period of one week;
• For monthly tenancy, a notice period of one month;
• For quarterly tenancy, a notice period of one quarter; and
• For yearly tenancy, a notice period of half a year.

Kindly be aware that the Lagos Tenancy Law also stipulates a notice period of three (3) months for half a year tenancy. It’s important to reiterate that the specified notice durations are mandated by law and come into effect when parties in a lease agreement either neglect or choose not to settle on the notice period. Nevertheless, if parties opt to agree on a notice period longer than the minimum requirements outlined above, they are free to do so.

Who Has the Authority to Provide Statutory Notices?

To ensure the effectiveness of a statutory notice in recovery of premises proceedings, it must be issued by the designated individual; otherwise, the notice’s validity, service, and the termination of tenancy could be compromised. Statutory notices can be issued by either the landlord or their representative, as recognized in various legal cases. An agent, in this context, refers to an individual or entity (such as Lujosh Properties Limited) engaged by the landlord for property leasing or rent collection, possessing specific authorization to act on behalf of the landlord in a defined capacity.

In the course of a tenancy proceeding, proof must be presented to demonstrate that the landlord has engaged the services of an agent or solicitor for property leasing and rent collection. This is the reason why, at Lujosh Properties Limited, we obtain a power of attorney from our clients before undertaking the management of their properties.

A notice to quit or a notice of intention to recover possession served by a solicitor before receiving a letter of authority from the landlord to act in that capacity is invalid, null, and legally ineffectual.