Due to desperate need of accommodation or property by tenants, especially in places like Lagos, Abuja and Port Harcourt, most Landlords are always tempted to display the distinct conventional freedoms they inherently enjoy as the owner of their property. Landlords enjoyed the freedom to accept or reject any person as tenant, to charge any rent that a tenant is willing to pay, to grant a tenancy of any length the tenant is ready to take and to impose any terms by way of covenants so long as the tenants accepts.

Notwithstanding all the above conditions willingly and unilaterally imposed on the tenant, the tenant has no option because of shortage of accommodation or property, but to accept the terms. In short, tenants are often left at the mercy of landlord who would want to extremely exercise these freedoms in the face of acute shortage of accommodations or houses.

To regulate the relationship between Landlord and tenant, Government through the Legislative arms of various States of the Federation has come up with Rent Control and Recovery of Premises Laws. These Laws constitute interference in the relationship between tenants and Landlords. The aim of these Laws is to strike balance between the possessory needs of the tenants and the rights of Landlords over their property. To enable a Landlord validly eject a tenant, you need to issue the required statutory Notices as may be applicable to the tenancy before any proper step could be taken. For instance, a month notice to quit should be issued and served on a monthly tenant, three month notice for quarterly tenant, six month notice for half yearly and yearly tenant. Upon the expiration of these quit notices, there is still the need to issue and serve seven days notice after which an action is commenced in a Court vested with jurisdiction to entertain the suit to seek for an Order to eject the tenant and take possession.

In spite of these laws, some landlord still enjoy going by way of self help to eject tenant who refuses to surrender or vacate premises upon service or services of the notices above. They enjoy using short cut either by using hooligans or Area Boys and all forms of threats to wrestle possession from the tenant. It should however be noted that no matter the agreement between landlord and tenant is couched, if a tenant refuses to comply with agreement and all notices demanding that he should vacate at a definite time, the Landlord has no right to eject him on his own. He can only eject him upon Court Order. Where a Landlord goes ahead to eject such tenant, he has infringed upon the right of the tenant. The tenant has every right to go to Court to claim exemplary damages for unlawful entry into his premises and illegal possession.

In the case of ELOICHIN NIGERIA LIMITED & 2 ORS V. VICTOR NGOZI MBADIWE, where the tenant and other occupant in the case claimed exemplary damages for unlawful entry into his premises and trespass on their goods. The Court held that, it is not the law that a landlord has unbridled right to invade premises in the lawful occupation of tenant and cart his goods and belongings away even for safe keeping, more so when the intention of the landlord is to recover possession after refusal by the tenant to pay higher rents. Where the landlord brushes aside the necessity to obtain an Order of Court for possession and jettisons the rule of law, enters the premises and takes possession, he invaded and committed an infraction of the rights of the tenant and renders himself liable in trespass. When a tenancy has come to an end, the landlord is not entitled to take possession except by an Order of Court and on making the Order, the Court has power to fix the date for possession, where the defendant has no statutory right to remain. The Court went further to hold that, exemplary damages can be awarded by Nigerian Courts when claimed and proved.

The next step for a landlord who has a tenant that refuses to vacate a premises upon expiration of the tenancy and or after the services of required statutory notices is to quickly proceed to Court through his Lawyer who shall commence an action in proper Court to recover possession of the premises and claim all the arrears of rent and what the landlord might have lost in terms of damages i.e mesne profit.