By Abdulsamad Jimoh
Notice to Quit is an important aspect of the law of Recovery of Premises, which regulates the rights and obligations of landlords and tenants in relation to the possession and use of rented property.
Understanding the concept of Notice to Quit is essential for both landlords and tenants, as it influences their rights and duties in the event of a disagreement or the termination of a tenancy agreement. This article seeks to elucidate the meaning, significance, and criteria of Notice to Quit, as well as the instances where its issuance is mandatory or discretionary, as outlined by Nigerian law.
What exactly is Notice to Quit?
A notice to quit, or quit notice, is a formal letter issued by a landlord to a tenant, specifying the exact date by which the tenant is expected to vacate the premises.
Although each state has its own set of regulations governing tenancy matters, there are similarities among these laws. For the purpose of this discussion, I will refer to the Recovery of Premises Act applicable in Abuja and the Tenancy Law of Lagos State 2011.
Length of Notice to Quit
The length of a notice to quit is primarily determined by the terms of the tenancy agreement, because the landlord-tenant relationship is rooted in a contractual agreement.
Therefore, it is when there is no agreement as to the length of notice that the statutory provisions will come to play.
Section 8 of the Recovery of Premises Act applicable in Abuja (similar to Section 13(1) of the Tenancy Law of Lagos State) outlines the following notice periods:
- One week’s notice for a weekly tenant or a tenant at will. (A tenant at will is someone occupying the premises without formal lease or fixed-term agreement but with the landlord’s permission).
- One month’s notice for a monthly tenant
- Three months’ notice for a quarterly tenant
- Six months’ notice for a yearly tenant
The Purpose of Notice to Quit
The issuance of a notice to quit serves as a means for landlords to communicate their intention to reclaim possession of the property from the tenant. In cases where the tenant fails to acknowledge the notice, it serves as a prerequisite for initiating legal proceedings for recovery of the premises in a court of law.
Adherence to the Correct Notice Period
For a valid notice to quit, it is indispensable that the notice period adheres to the terms agreed upon by the parties or as stipulated by the statute.
Any notice issued with a period shorter than the stipulated time frame is deemed null and void. This principle was upheld in the case of AP vs. Owodunni (1991) 8 NWLR (pt 210) pg 391.
The case of Nnadozie vs. Oluoma (1963) 7 ENLR 77 underscores the significance of the service date. In the case, a notice to quit to a monthly tenant was dated March 29 and expected the tenant to leave by April 30, but the notice was served on April 1. The court declared the notice invalid, since it provided the tenant less than the statutory one month.
Hence, for the landlord to succeed in his legal action, he must furnish evidence of date of service of the notice.
However, it must be noted that the notice period can extend beyond the required period, as established in the case of Ochie vs. Ajose (1968) 2 All NLR 17.
Instances Where Notice to Quit Might Be Unnecessary:
The issuance of quit notice might be unnecessary in the following circumstances:
- Rent Arrears of Six Months: Under a monthly tenancy, if a tenant fails to pay rent on time for six months, Section 13(2) of the Tenancy Law of Lagos State stipulates that a notice to quit is not required.
- Rent Arrears of One Year: For quarterly or half-yearly tenancies, if the tenant is in arrears of rent for one year, Section 13(3) of the Tenancy Law of Lagos State states that a notice to quit is unnecessary.
- Lapse of Fixed Tenancy: In cases of fixed-term tenancies that have already terminated by effluxion of time, Section 13(5) of the Tenancy Law of Lagos State is to the effect that a notice to quit is not needed.
In these instances, the recommended approach is for the landlord to serve the tenant with a Seven Days’ Notice of his intention to apply to court to recover possession of the premises.
Opportunities Available to the Tenant:
Once a notice to quit period expires and the tenant remains on the property, the landlord should serve the tenant with the Seven Days’ Notice to Recover Premises.
The rationale behind this notice is rooted in the fact that the tenant should be given adequate opportunity to vacate the property.
The seven-day period begins from the day after the notice is served, and not the day of service. Serving such a notice before or during the pendency of a ‘Quit Notice’ renders it invalid.
Proper Procedures for the Landlord:
To lawfully regain possession of premises, landlords must follow these procedures:
- Notice to Quit: Serve a notice to quit, when necessary.
- Seven Days’ Notice to Recover Premises: Serve the tenant with a Seven Days’ Notice to Recover Premises after the notice to quit period has lapsed.
- Initiate Legal Proceedings: Commence legal proceedings for recovery of premises.
- Trial and Judgement: Attend the trial and await the judgement.
- Enforcement and Ejection: If the court grants an order for ejection, it is the court’s responsibility to ensure the eviction of the tenant.
Conclusion
It is the court that can issue the final order for tenant eviction. Landlords cannot forcibly remove tenants. Engaging in unlawful methods to evict tenants can lead to legal actions against landlords. If found guilty, landlords may face severe penalties, such as imprisonment or fines, as stipulated in Section 44 of the Tenancy Law of Lagos State.
