Quit notice (notice to quit)

A notice to quit is used to end a periodic tenancy, such as a yearly or monthly tenancy that rolls on from one period to the next. Either side can serve one, but most are served by landlords.

What the law says now (Lagos). Where the tenancy agreement does not set a notice period, the Tenancy Law of Lagos State 2011 sets minimums that depend on the type of tenancy: tenant at will, monthly, quarterly, half-yearly or yearly. The figures box lists each. For quarterly, half-yearly and yearly tenancies in Lagos, the notice does not have to end on the anniversary of the tenancy.

When no notice to quit is needed. If the tenancy was for a fixed term that has simply run out, no notice to quit is needed in Lagos. The landlord goes straight to the notice of owner's intention.

What comes next. When the notice to quit expires and the tenant is still there, the landlord serves a notice of owner's intention to recover possession. Only after that can the landlord file a case in court. A court can then order possession and give the tenant time to leave.

Getting it right matters. Courts throw out cases where the notice is the wrong length, served on the wrong person or wrongly dated. That is why landlords usually have a lawyer prepare it.

• Lagos: default periods come from the 2011 Tenancy Law, which does not apply in Apapa, Ikeja GRA, Ikoyi and Victoria Island.
• Abuja (FCT): the Recovery of Premises Act applies. Its default periods for tenants at will and monthly, quarterly and yearly tenancies match Lagos, but it is less clear on half-yearly tenancies, so take advice before serving or relying on one.
• Other states: each has its own recovery-of-premises or rent law. Check which applies before serving or relying on a notice.