Notice to quit in Lagos: how much notice must a landlord give?

Lagos landlords and tenants often disagree about how much notice must be given to end a tenancy. The Tenancy Law of Lagos State 2011 answers this question directly.

When the tenancy agreement is silent

If the tenancy agreement does not say how much notice either party must give, section 13(1) of the Law sets these minimum periods:

• Tenant at will: one week’s notice.
• Monthly tenant: one month’s notice.
• Quarterly tenant: three months’ notice.
• Half-yearly tenant: three months’ notice.
• Yearly tenant: six months’ notice.

If the agreement does set a notice period, that agreed period normally applies.

How do you know which type of tenancy you have?

Under section 13(6), unless there is evidence to the contrary, the type of tenancy is decided by when the rent is paid or demanded. A tenant who pays rent once a year is usually a yearly tenant, even if nothing was written down.

Notice does not have to end on the anniversary

For quarterly, half-yearly and yearly tenancies, section 13(4) says the notice does not have to end on the anniversary of the tenancy. It can end on or after the date the tenancy expires.

Fixed-term tenancies

When a tenancy was for a fixed term (for example, exactly two years), section 13(5) says no notice to quit is needed once the term has ended. However, if the landlord wants to go to court to recover possession, the landlord must first serve a seven-day written notice of the intention to apply to recover possession.

The second notice: the seven-day notice of owner’s intention

A notice to quit ends the tenancy, but it does not give the landlord the right to lock the tenant out. Under section 16, if the tenant stays after the notice to quit expires, the landlord must serve a written notice of the owner’s intention to recover possession, giving at least seven days. Only after that can the landlord apply to court.

Arrears of rent

Under section 13(2), a monthly tenancy lapses when the tenant owes six months’ rent, and the court will order possession once the landlord proves the arrears. Under section 13(3), for quarterly and half-yearly tenancies the same happens when the tenant owes one year’s rent.

Areas where the Law does not apply

Under section 1(3), premises in Apapa, Ikeja GRA, Ikoyi and Victoria Island are exempt from the Tenancy Law. Tenancies in these areas are governed by the tenancy agreement and other applicable law.

This article is general information, not legal advice. For advice on your tenancy, book a consultation with our Real Estate and Tenancy team.