Can a Landlord Lock a Tenant's Shop or House Without a Court Order? Understanding Illegal Eviction in Nigeria

Introduction

Disagreements between landlords and tenants are common in Nigeria. Such disputes may concern unpaid rent, expiration of tenancy, service charges, property damage, rent increases or the landlord's desire to recover possession.

Unfortunately, some disputes escalate into situations where a landlord changes the locks, removes the tenant's belongings, disconnects essential services or engages persons to force the tenant out.

These actions raise serious legal questions.

The fact that a person owns a building does not mean that the person may disregard the legal process for recovering possession from a tenant.

Ownership and Possession Are Different Legal Concepts

A landlord may own the property while the tenant enjoys lawful possession under a tenancy arrangement.

During the tenancy, the tenant's possessory rights are protected by law.

Even where the tenancy has expired, the landlord must consider the applicable recovery-of-premises law and the circumstances governing possession.

A landlord's ownership does not automatically authorise forcible entry or eviction.

What Is Self-Help Eviction?

Self-help eviction generally refers to attempts to recover possession without following the legally required process.

Examples may include changing the locks while the tenant is away, removing goods, blocking entry, forcibly ejecting occupants or taking other coercive steps intended to dispossess the tenant.

The legality of any particular action depends on the facts and applicable law.

However, Nigerian courts have repeatedly disapproved of unlawful self-help measures in possession disputes.

What Has the Supreme Court Said?

In Akinkugbe v. Ewulum Holdings Nigeria Ltd & Anor (SC. 316/2002, judgment delivered 11 April 2008), the Supreme Court held that a landlord who resorts to self-help to recover possession of premises let to a tenant runs foul of the law and is liable in damages.

The decision reinforces the importance of respecting lawful possession and following appropriate legal procedures.

A landlord who wrongfully interferes with a tenant's possession may expose himself or herself to liability, including damages where the relevant elements are established.

Does Expiration of Rent Mean the Tenant Can Be Removed Immediately?

Not necessarily.

The expiry of a tenancy and the lawful recovery of possession are related but distinct questions.

The applicable notice requirements, contractual provisions, statutory rules and procedural steps must be considered.

Tenancy laws differ across Nigerian jurisdictions, and it would be misleading to suggest that one universal notice period applies to every tenancy throughout Nigeria.

Landlords should obtain advice on the specific law governing the property before commencing recovery proceedings.

Can a Landlord Remove a Tenant's Goods?

Removing a tenant's goods without lawful authority may expose the landlord to claims depending on the circumstances.

The affected tenant may have potential remedies relating to interference with possession, damage to property, loss of goods or other established wrongs.

The existence and extent of liability depend on evidence.

A tenant who experiences such conduct should preserve photographs, videos, witness information, inventory records and communications.

What Should a Landlord Do?

Where a tenant has defaulted or the tenancy has been validly determined, the landlord should follow the applicable legal procedure for recovery of possession.

This may involve appropriate notices and proceedings before a court with jurisdiction.

The precise requirements should be assessed according to the location of the property and the nature of the tenancy.

What Should a Tenant Do After an Alleged Illegal Eviction?

The tenant should avoid violence or unlawful retaliation.

Important steps may include documenting the incident, preserving tenancy documents, recording losses, obtaining witness statements and seeking legal advice.

Where circumstances justify urgent relief, a lawyer can assess whether an application to court is appropriate.

Conclusion

Landlord–tenant disputes should be resolved through lawful procedures.

A landlord's right to recover property must be exercised consistently with the law, while tenants must also comply with their contractual and legal obligations.

Both parties benefit from obtaining proper legal advice before taking steps that may result in avoidable litigation.