Notice to quit also known as “Quit Notice” is the letter served to delinquent tenants who have somehow breached one or two of the clauses provided in the Tenancy Agreement and signed by both parties (landlord and tenant).
Traditionally, property owners are used to writing semi-formal or informal letters to their erring tenants, sometimes word of mouth could be used to pass their dissatisfaction over default in rent payment or contravention of other tenancy covenants.
But in most cases, tenants do not take letters from their landlord as seriously as notices from the court or landlord’s lawyer which is why many landlords engage lawyers to handle issues relating to rent default or cases of bad tenants.
How to Serve Notice to Quit
In Nigeria, to serve quit notice to tenants, the landlord briefs a lawyer who proceeds to a Magistrate Court after preparing the letter, the lawyer is required to pay the sum of
N90 (Ninety Naira) only to the IGR (Internally Generated Revenue) account at any commercial bank. The receipts and invoices generated from the bank are then presented for registration at the Magistrate court. After registration of the letter and sighting of original receipts and invoices, you could be asked to pay a stipend for stamping, otherwise, your letter is sent to the clearing table where you will be asked to pay N1,000 (One Thousand Naira) as a minimum fee to enable a bailiff dispatch the notice to quit letter to affected tenant(s).
If for any reason the assigned bailiff finds it difficult to locate the property address or apartment subject to quit notice, he/she immediately requests for a pointer, possibly an occupant of the property or the lawyer or any agent or party to accompany or direct him/her to the correction destination.
When the occupant is not present to receive the Notice, the bailiff is supposed to find another occupant of the same apartment or a neighbour to the tenant to either reach the subject tenant or collect on his or her behalf. But when these options are not available, he is by law allowed to paste a copy of the Notice to Quit on the door so that it will be the first thing the tenant meets when he/she returns from an outing or place of work.
Contents of Notice to Quit Letter With Examples
- The Heading:
“IN THE MAGISTRATE’S COURT OF LAGOS STATE OF NIGERIA IN THE ISOLO MAGISTRATE DISTRICT HOLDING AT LAGOS”
- Registration Number:
- Details of Parties Involved:
“BETWEEN MR. VINCENT OKPE (Landlord) AND DR. HUMPHREY OJOTO (Tenant)”
“NOTICE TO QUIT”
2. Body of the Letter:
“I Jude Oba, P. Esq, ACArb, legal practitioner and solicitor to your landlord MR. VINCENT OKPE do hereby and on its behalf give you the notice to quit and deliver up possession of all that 3bedroom apartment with the appurtenances thereto located at Plot 31, Oliver Ore Street, Ikeja, Lagos which you hold of your said landlord as a fixed year tenant within 7clear days from the service of this notice”.
“12th day of April 2019”
- Address of your lawyer.
- Lawyers stamp and seal.