--- title: "Recovery of Premises: The Lagos Court Process Explained" url: "https://buyrentlagos.com/articles/recovery-of-premises-the-lagos-court-process-explained" published: "2026-05-25T07:00:00+00:00" updated: "2026-10-08T04:23:17.821623+00:00" author: "Laide Matthews" category: "Property Guide" verified: false --- # Recovery of Premises: The Lagos Court Process Explained To recover premises lawfully in Lagos you must determine the tenancy with a valid notice to quit (unless it already expired), serve a seven days' notice of intention to recover possession, then file in the Magistrates' Court or High Court and enforce only through the court's judgment. Self-help eviction is an offence. This is general information, not legal advice — court practice changes, so confirm current procedure with your lawyer. **TL;DR:** To recover premises lawfully in Lagos you must determine the tenancy with a valid notice to quit (unless it already expired), serve a seven days' notice of intention to recover possession, then file in the Magistrates' Court or High Court and enforce only through the court's judgment. Self-help eviction is an offence. This is general information, not legal advice — court practice changes, so confirm current procedure with your lawyer. "How much will it cost me and how long will it take to get my flat back?" That cost-and-time question is what every Lagos landlord asks me when a tenant holds over. I cannot give you a fixed fee or a guaranteed timeline, and any agent who does is guessing. What I can give you is the sequence the courts expect, because skipping a step is what makes recovery expensive. ## Step 1: Determine the tenancy properly Unless the tenancy has already expired by effluxion of time, you must first end it with a notice to quit. The length of that notice depends on the type of tenancy and on your tenancy agreement. Under Section 13 of the Lagos State Tenancy Law 2011, where the agreement is silent: a weekly tenancy gets one week, a monthly tenancy one month, a quarterly or half-yearly tenancy three months, and a yearly tenancy six months. Grounds commonly relied on include rent arrears, breach of covenant, the landlord's need for personal use, or substantial renovation or redevelopment. Section 12 addresses a landlord's right to issue a notice to quit in those circumstances. Your notice should state the ground clearly and be served properly — in person, on an adult at the premises, by courier with proof, or by affixing it conspicuously with corroborative proof. If the tenancy was for a fixed term that has simply run out, you may not need a quit notice to end it. You still need step 2. Getting step 1 wrong is the most common reason recovery claims stall. A defective quit notice must usually be re-served, and the clock starts again. ## Step 2: The seven days' notice of intention Once the tenancy is determined (or has expired), serve a statutory seven days' written notice of your intention to apply to court to recover possession. This is not a second quit notice. It is a warning that court action follows if the tenant does not deliver up possession within those seven days. Only after those seven days expire can you file. Filing early makes the action vulnerable. Keep proof of service: a signed acknowledgement, courier receipt, or dated photograph of the notice affixed to the premises. A frequent misconception is that only a court bailiff can serve this notice. Service can be done by the landlord, a lawyer, or an authorised agent. Enforcement of a judgment, however, is for court officials — not for the landlord. ## Step 3: File in the right court If the tenant still refuses to vacate, you file a claim for recovery of possession in the Magistrates' Court or the High Court for the judicial division where the premises sits. Which court depends on the rental value and current jurisdictional limits. Legal sources commonly cite the Magistrates' Court limit by reference to annual rent (a figure of ₦10 million is often stated in practice guides), with higher-value matters going to the High Court. Jurisdictional limits and court practice are updated from time to time, and recent tenancy reform discussions in Lagos have proposed faster timelines by originating summons. Do not rely on a blog figure, including any figure repeated here. Have your lawyer confirm the correct court and the current filing procedure before you file. Your claim will typically seek: possession of the premises, arrears of rent (if any), mesne profits for the period of holding over, and costs. Filing fees and professional fees vary with the court, the value claimed, and the complexity of the case. Ask your lawyer for an itemised estimate in writing separating court fees from legal fees. I will not quote you a naira range I cannot support. ## Step 4: Hearing, judgment and enforcement The tenant will be served with the court process and given an opportunity to defend. If the landlord proves a valid determination of the tenancy, proper notices, and entitlement to possession, the court grants judgment for possession. Mediation is part of Lagos practice. Many recovery matters settle at that stage — a consent judgment where the tenant agrees a date to vacate, sometimes with arrears compromised — and settlement is often faster than a contested trial. I have seen negotiated exits save landlords months. If judgment is granted and the tenant still does not leave, enforcement is through the court's bailiffs or sheriffs under a warrant of possession. The landlord must not enforce personally. Locking the tenant out, removing property, cutting utilities, or hiring thugs exposes the landlord to penalties under the Tenancy Law (practice guides cite fines and possible imprisonment for unlawful eviction) and to a separate claim by the tenant. Yes, the process can feel slow. That is not a licence to shortcut it. An unlawful eviction can turn a straightforward recovery into two cases: yours, and the tenant's against you. ## What landlords get wrong most often - Serving a one-month notice on a yearly tenant and filing immediately. - Filing before the seven days' notice has expired. - Accepting rent for a new period after issuing notices, without legal advice on the effect. - Trying self-help first, then going to court with unclean hands. Each mistake adds time. The fastest recovery I see is boring: correct notice, correct service, proof kept, file promptly, and a genuine attempt to agree a vacating date before trial. If you are a tenant reading this: a judgment for possession is enforceable. Engaging early — paying arrears, agreeing a realistic exit date, getting it recorded — usually leaves you in a better position than waiting for bailiffs. ## Frequently asked questions ### How long does recovery of premises take in Lagos? There is no timeline I can guarantee. It depends on whether notices were valid, whether the tenant defends or settles, and the court's diary. Valid notices and early settlement shorten matters considerably. Ask your lawyer for a realistic range after he reviews your documents, not before. ### Can I evict a tenant in Lagos without going to court? No. A landlord cannot lawfully force a tenant out without a court order, even if rent is owed or the tenancy has expired. Self-help measures such as changing locks or removing a tenant's belongings are offences under the Lagos State Tenancy Law. Use the notice sequence, then file. ### Which court handles recovery of premises in Lagos? The Magistrates' Court or the High Court in the division where the premises is located, depending on the rental value and current jurisdictional limits. Your lawyer should confirm the proper court at the time of filing, because limits and practice directions change. ### What is the seven days' notice in Lagos tenancy? It is the statutory notice of intention to apply to court to recover possession. It is served after the tenancy has been determined by a quit notice or has expired by effluxion of time. Court action should only be filed after those seven days expire and the tenant has not vacated. ### Can I collect rent after serving a quit notice? Be careful. Accepting rent without advice can be argued to create a new tenancy or waive the notice. Many landlords accept payments expressly as mesne profits or on legal advice to preserve the claim. Take advice before accepting further rent after notices have been served. ## Related reading - [Probate Registry Lagos: Processing Letters of Administration](/articles/probate-registry-lagos-processing-letters-of-administration) - [C of O vs Excision vs Gazette: Land Titles in Lagos Explained](/articles/c-of-o-vs-excision-vs-gazette-land-titles-in-lagos-explained) - [Quit Notice Rules in Lagos: Notice Periods by Tenancy Type](/articles/quit-notice-rules-in-lagos-notice-periods-by-tenancy-type) - [Land Use Act Explained Simply: What It Means for Lagos Buyers](/articles/land-use-act-explained-simply-what-it-means-for-lagos-buyers)