Notice in Nigerian Tenancy Law: Abuja (FCT) vs. Lagos—What to Give, When, and How



Getting notice right is the difference between a lawful eviction and a case being struck out. This guide explains the statutory notices, timing, service, and practical pitfalls—side-by-side for Abuja (FCT) (under the Recovery of Premises Act) and Lagos State (under the Tenancy Law of Lagos State, 2011), with supporting case law.

The Legal Framework (At a Glance)

  • Abuja (FCT): Governed by the Recovery of Premises Act, Cap. 544. Key parts include s.7 (Notice to Quit), s.8 (Length of notice), s.9 (Giving and expiry of notice).
  • Lagos State: Governed by the Tenancy Law of Lagos State, 2011—notably s.13 (Length of notice), s.16 (7-day owner’s intention after quit notice), and ss.17–19 (service rules), with prescribed forms TL2/TL3 (Quit), TL4 (7-day), TL5 (fixed-term post-expiry).

What Notices Exist—and When They Apply

1) Notice to Quit (terminates a periodic tenancy)

Default minimum durations (both Abuja and Lagos):

  • Weekly: 7 days
  • Monthly: 1 month
  • Quarterly: 3 months
  • Half-yearly: 3 months
  • Yearly: 6 months
    These durations come from RPA ss.7–8 (Abuja) and Lagos TL s.13(1).

Crucial timing difference:

  • Abuja (RPA): The notice must expire on the eve of a rent cycle (e.g., for an annual tenancy starting 1 Jan, the quit notice should expire 31 Dec). Courts treat mid-cycle expiries as defective.
  • Lagos (TL 2011): s.13(4) innovates—the notice need not terminate on the exact anniversary; it may terminate on or after the date of expiration of the tenancy. This gives more flexibility than Abuja.

2) Seven-Day Notice of Owner’s Intention to Apply for Possession (after the quit notice lapses)

If a tenant holds over after the quit notice expires, the landlord must serve a 7-day owner’s intention notice before filing in court:

  • Abuja (RPA practice): 7-day owner’s intention follows the expired quit notice.
  • Lagos: s.16 expressly provides the TL4 form and requires not less than 7 days before filing.

3) Fixed-Term Tenancies (tenancy “certain”)

  • Abuja: When a fixed term expires by effluxion of time, practice is to proceed with the 7-day owner’s intention (no fresh quit notice is needed because the term already ended).
  • Lagos: s.13(5)–(6) & s.26 make it explicit—no quit notice is required once a fixed term ends; serve the TL5 7-day notice and file if the tenant holds over.

How to Give a Valid Notice (Practical Steps)

  1. Identify the tenancy type (weekly/monthly/quarterly/half-yearly/yearly vs. fixed-term) to select the correct notice. (RPA ss.7–8; Lagos TL s.13).
  2. Draft correctly: Written, clear intention to terminate/quit, correct duration, precise expiry date, signed by landlord/agent (or tenant, if tenant is giving notice). (Statutory forms in Lagos: TL2/TL3; TL4; TL5).
  3. Serve properly and keep proof:
    • Abuja: Personal service or pasting (with evidence/affidavit). (RPA s.9 governs giving/expiry; proof is essential in practice).
    • Lagos: Detailed service rules—s.17–19 distinguish residential vs. business premises and allow methods like delivery to an adult at the premises, courier (with proof), or affixing on a prominent part with corroborative proof.
  4. After quit notice lapses and the tenant holds over, serve the 7-day owner’s intention (Abuja practice; Lagos s.16/TL4), then file your possession claim.

Common Mistakes (and How the Two Regimes Treat Them)

  • Wrong duration (e.g., 1 month to a yearly tenant): fatal in both jurisdictions. (RPA ss.7–8; Lagos s.13(1)).
  • Wrong expiry date:
    • Abuja: mid-cycle expiries are typically bad.
    • Lagos: s.13(4) relaxes the strict “eve of anniversary” rule.
  • Skipping the 7-day notice before court: often fatal—serve it. (Lagos s.16; Abuja practice).
  • Oral notices: not acceptable—must be written (use the statutory forms where applicable).
  • Self-help (lockouts, removing roofs, seizing property): illegal and attracts damages. (See cases below).

Case Law that Every Landlord/Tenant Should Know

  • Ayinke Stores Ltd v. Adebogun (2008) – Nigerian courts treat proper notice as a condition precedent to recovery of premises. If you skip or botch notice, your case can fail.
  • Pillars (Nig.) Ltd v. Desbordes (SC 2021) – A leading Supreme Court decision often discussed for its treatment of irregular notices and whether later court process can “cure” defects. Bottom line: don’t rely on curing defects—serve correctly the first time.
  • Ihenacho v. Uzochukwu (1997) – The Supreme Court condemned self-help; landlords must follow statutory steps or risk liability in trespass and damages.

Practical takeaway from the cases: Courts are strict about process. Even when the landlord has genuine grounds, defective notice or self-help will sink the case.

Worked Examples

  • Abuja, yearly tenancy (rent due 1 Jan): Serve 6-month quit notice that expires 31 Dec (eve of anniversary). If the tenant holds over on 1 Jan, serve 7-day owner’s intention and then file for possession.
  • Lagos, fixed-term tenancy ending 30 June: No quit notice after expiry. On 1 July, serve TL5 (7-day intention under s.13(5)/s.26); if the tenant still holds over, file.

Service Tips That Win Cases

  • Use a lawyer/agent to prepare and serve notices—then keep acknowledgment, courier proof, photos of affixing, and an affidavit of service. (See Lagos ss.17–19 for service standards and options.)
  • For corporate tenants, ensure service on the company and keep corroboration. (Lagos s.20).

Bottom Line

Whether you’re in Abuja or Lagos, you must:

  1. Give the correct quit notice (respecting timing rules—strict cycle-end in Abuja, more flexible in Lagos),
  2. Serve a 7-day owner’s intention if the tenant holds over, and
  3. File in court—never use self-help.

Following these steps—grounded in the RPA (Abuja) and Lagos TL 2011—keeps your process lawful and your case strong.


#NigerianLaw #TenancyLaw #Abuja #Lagos #NoticeToQuit #EvictionProcess


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