Quit Notice

Use this quit notice generator to create a sample quit notice forLanlord to tenant. You can use this tool to generate a sample eviction letter.

Quit Notice Generator

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Quit notice or notice to quit or eviction letter is one of the most common terms in Nigerian real estate. It is issued to the tenant by either the Landlord or lawyer via a written document.This document usually applies to a tenant at will or  periodic tenant

What is a quit notice in Nigeria? 

Quit notice, also reffered to as notice to quit or eviction letter is simply a  legal document used by landlords to inform their tenants that they must vacate the rented property within a specified period . It serves as a formal communication from the landlord to the tenant, stating the landlord’s intention to terminate the tenancy agreement. The quit notice is an important step in the eviction process, and it initiates the legal procedure for removing a tenant from the property.

In simple terms, when a landlord wants their tenant to move out, they give them a written notice called a “quit notice.” This notice tells the tenant that they have to leave the property within a certain time frame. It’s like a formal way of saying, “You need to find a new place to live because I want you to leave.”

Frequently Asked Questions (FAQ) About Quit Notice in Nigeria

Disclaimer: This information is for educational purposes only and does not constitute legal advice. Landlord-tenant laws can be complex and may be interpreted differently by courts. You are strongly advised to consult with a qualified legal practitioner for advice specific to your situation.

1. How much notice does a landlord need to give?

The required notice period in Nigeria is typically seven (7) days for a weekly tenant , tenant at will, who lives on the property for free but with the landlord’s consent; or a tenant with no fixed terman. One (1) month for a monthly tenant. A three-month quit notice is issued to a tenant who pays rent quarterly.A six-month quit notice is issued to a tenant who pays rent biannually or annually. For tenants with longer-term leases, the notice period is often stipulated in the tenancy agreement itself.

2. Can a landlord give a quit notice without a specific reason?

Yes, a landlord can issue a quit notice without providing a reason to a tenant-at-will (a tenant without a fixed-term agreement) or at the end of a fixed-term tenancy, provided they give the required statutory notice. However, during a fixed-term lease (e.g., one year), a landlord cannot arbitrarily terminate the tenancy before the term expires unless the tenant has breached a term of the agreement.

3. What are the legal requirements for serving a notice to quit in Nigeria?

For a notice to quit to be valid, it must generally meet these requirements:

  • In Writing: It must be a written document.
  • Clear Intent: It must clearly state the landlord’s intention to recover possession of the property.
  • Proper Duration: It must provide a valid notice period (as explained in Question 1).
  • Specific Date: It must specify the date on or before which the tenant is to vacate.
  • Proper Delivery: It must be properly delivered to the tenant. This can be done personally, by registered mail, or by leaving it with an adult at the rented premises.

4. What happens if a tenant ignores a quit notice?

If a tenant refuses to vacate after the notice period expires, the landlord cannot take the law into their own hands (e.g., by forcibly ejecting the tenant or locking them out). The correct legal step is for the landlord to file a suit at the Magistrate Court or High Court (depending on the annual rent) to obtain a court order for possession and, if necessary, a writ of execution to be enforced by court bailiffs.

5. Can a tenant challenge a quit notice in court?

Yes, a tenant can challenge a quit notice in court. Grounds for challenge may include:

  • The notice period given was insufficient.
  • The notice was not properly served.
  • The quit notice was issued as a retaliatory measure (e.g., because the tenant requested necessary repairs).
  • The tenant has a fixed-term lease that has not expired.
  • The notice is based on a breach of agreement that the tenant disputes.

6. Can a landlord change the terms of the quit notice after it has been served?

Generally, no. A quit notice is a formal legal document. Once it is served, its terms are fixed. If a landlord wishes to make changes (for instance, to extend the vacation date), it is safer and more legally sound to withdraw the original notice and issue a new one with the corrected terms. This avoids ambiguity.

7. Will the tenant pay rent during the quit notice period?

Yes. The tenancy agreement and the tenant’s obligation to pay rent continue until the notice period expires and they legally vacate the property. The tenant is liable for rent for the entire duration of the valid notice period.

8. When is a tenant not entitled to a quit notice?

A tenant may not be entitled to a quit notice in specific circumstances, including:

  • Expiry of a Fixed Term: When a fixed-term lease (e.g., one year) comes to its natural end, as stipulated in the agreement.
  • Forfeiture of Lease: When a tenant breaches a fundamental clause in the lease agreement (e.g., using the property for illegal purposes, significant damage to the property), the lease may contain a “forfeiture clause” allowing the landlord to re-enter.
  • Surrender of Tenancy: When the tenant voluntarily gives up possession and the landlord accepts, effectively ending the tenancy by mutual agreement.

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