|Join Nairaland / Login / Trending / Recent / New|
Stats: 1,624,216 members, 2,987,323 topics. Date: Wednesday, 27 July 2016 at 07:35 AM
|Re: The Nigerian Tenancy Law On Eviction? by adetsim(m): 11:11pm On May 11, 2013|
I love the way you answered him. How will seeking an advice amount to insults? The Lord Almighty shall increase your wisdom.
|Re: The Nigerian Tenancy Law On Eviction? by fallingsky(m): 12:16am On May 12, 2013|
You guys don't sleep,? Na wa for all these yahoo boys oh
|Re: The Nigerian Tenancy Law On Eviction? by SUCCEED3: 12:52am On May 12, 2013|
I don't know why most landlord think they can just wake up one day and issue an eviction notice to a sitting tenant when the tenant has not defaulted in rent payment, without reaching a suitable agreement with the tenant first.
Some years back a family friend with a wife, four children and other dependants, rented a 4 bedroom apartment at the rate of 500K per annum and he paid for 2 years plus additional 300k for agency-100k, agreement-100k, caution-100k making it a total of 1.3M that the man coughed out in a bid to make his family comfortable.
6 months to the expiration of the 2-year rent, the landlord issued him a notice through the lawyer that he would want to re-poses the apartment when the rents expired. Upon the expiration of the rent, my friend who is known to be a very peaceful man, pleaded with the landlord to accept his rent renewal or give him more time to get another good place considering that he has young children going to school and the last child is still below one year and moving house will definitely destabilize the family, especially the children as well as the other dependants, but the landlord refused.
Before you could say jack, the landlord had resorted to litigation and had taken the tenant to court. To cut a long story short, it’s now going to 2 years since the matter was taken to court and it has not been concluded. Today the landlord is seeking mediation after realizing that he did not handle the matter well. He has now reached an amicable agreement with my friend for him to leave the house in 4 months time which is what he should have done in the first instance, rather than going through a lengthy court process.
I’m not saying that it is wrong to settle tenancy issue in court, but in this case the landlord appeared to have been inconsiderate and wicked, considering that the tenant did not default and he had rented the apartment 2 years earlier paying agency, agreement and what have you and the landlord just wanted him to repeat the house hunting process all over again. The stress of searching for a house takes a lot of toll on people especially people with families and it is best for landlords to reach amicable agreements with their tenants instead of rushing to court unless such tenants are troublesome.
|Re: The Nigerian Tenancy Law On Eviction? by Nobody: 1:55am On May 12, 2013|
Why are rents paid in advance, as against the law which states "at the end of the month"?
Practice has become law.
|Re: The Nigerian Tenancy Law On Eviction? by frankcute83: 2:51am On May 12, 2013|
A good standard,all tiled 3bedroom flat for rent at lasu igando at 300k per annum.pLs Cal 08060634401
|Re: The Nigerian Tenancy Law On Eviction? by frankcute83: 2:54am On May 12, 2013|
A good standard 2bedroom flat for rent for 200k at lasu igando.please call 08060634401
|Re: The Nigerian Tenancy Law On Eviction? by exalt2009: 5:25am On May 12, 2013|
Please don't kill ♏Ε̲̣̣̣̥ laugh...haHahahahhaa...don't try it....better remain in Naija
|Re: The Nigerian Tenancy Law On Eviction? by shedyman: 7:30am On May 12, 2013|
utumunta: Why are rents paid in advance, as against the law which states "at the end of the month"?
No law states that rents are payable @ the end of the month. Rents are payed in arrears, except it iss expressly agreed that it be paid in advance.
|Re: The Nigerian Tenancy Law On Eviction? by shedyman: 7:31am On May 12, 2013|
utumunta: Why are rents paid in advance, as against the law which states "at the end of the month"?
No law states that rents are payable @ the end of the month. Rents are payed in arrears, except it is expressly agreed that it be paid in advance.
|Re: The Nigerian Tenancy Law On Eviction? by Kudylata(f): 7:36am On May 12, 2013|
|Re: The Nigerian Tenancy Law On Eviction? by Kudylata(f): 7:37am On May 12, 2013|
|Re: The Nigerian Tenancy Law On Eviction? by Kudylata(f): 7:48am On May 12, 2013|
And if at d end of the 6months he refuses he leave, the law demands dat u issue another 3months notice, and at its expiration, u hv d right to evict him, reason being that, u gave him a reasonable tym to relocate. Within d period of notice u r nt allowed to take any rent for whatsoever frm the tenant. To be on d safe side mk sure the notice is being drafted, and served by a lawyer. Failure to do the above the tenant will bring up and action against u , and can even win u in court!
|Re: The Nigerian Tenancy Law On Eviction? by DECOtech(m): 7:49am On May 12, 2013|
nony30:What's ur probllem?! He needs the house for personal use. Are you asking him to go and rent a place when he has a house of his own?
|Re: The Nigerian Tenancy Law On Eviction? by vanbonattel: 8:19am On May 12, 2013|
locust01: If I be ur tenant I go frustrate ur life . I go stay 4 ur house 6month after the notice from there we will go to court the case will be adjourned stay again for a year before moving out.
If I be your landlord I will increase your rent, hire thugs to torment your life and drop a gun in your flat and accuse you of robbery.
|Re: The Nigerian Tenancy Law On Eviction? by mexxyaaron(m): 8:29am On May 12, 2013|
ogele: You are a very wicked person....Please for your information if their is any tenant that is been disturb by his or her landlady, the person should not worry, as long as that house is here in Lagos, i know what where need to go and and before u know it the house will collapse and Lagostate government will take possession of the property and the owner of the property will be on
|Re: The Nigerian Tenancy Law On Eviction? by vanbonattel: 8:38am On May 12, 2013|
I did not read anywhere in any of our law books that the landlord needs to explain to the tenant the reasons why he needs to repossess his property, whether you are paying him rent regularly or not. The landlord is at liberty to seek for the repossession of his house anytime he deems fit, the only thing the constitution mentioned is the proceedure for the recovery of his property, which must follow guidlines spelt out by the law.
That the tenant you mentioned in your example above paid N1.3m is nothing, what if the landlord spent over N100 million to build the same house? We should detach emotions from straight legal matters and consider both parties if there must be peace.
Your statement about the tenant suffering to search for a house and stories about the relocation of his young family is nothing but emotional blackmail, some tenants could be desperately wicked and will go to any lenght to frustrate their landlords.
But I tell you one bitter truth, in no place have I seen where a tenant wins a war between landlord and tenant. The tenant may seem to be winning, but will lose much more than what he gained by court settlements and other ways too numerous to mention. The landlord will also recover the money double from the next tenant, and the war will continue.
|Re: The Nigerian Tenancy Law On Eviction? by gabbytabby: 8:45am On May 12, 2013|
ogele: You are a very wicked person....Please for your information if their is any tenant that is been disturb by his or her landlady, the person should not worry, as long as that house is here in Lagos, i know what where need to go and and before u know it the house will collapse and Lagos state government will take possession of the property and the owner of the property will be on the run..... u dont even need to drag with the landlord.... The house will collapse after one week you have packed out from the compound..... Wahala dey...
You have put a curse on yourself and every generation from your loins or your womb by this type of utterances the holy spirit has heard you and every house you build physical or otherwise will collapse from generation to generation.
|Re: The Nigerian Tenancy Law On Eviction? by Z8(m): 9:12am On May 12, 2013|
2ru-talk:The 'young man' went out line.no where did he state anything about a better paying tenants. this is how malicious rumors are spread, by creating ur own false facts
|Re: The Nigerian Tenancy Law On Eviction? by dom(m): 9:40am On May 12, 2013|
Just retain the services of a good lawyer. The procedural rules of landlord and tenant matters are very technical. Just like in fundamental human rights and matrimonial causes. A single mistake can jeopardise your case and keep your tenant there endlessly. You should also read up the case of AP v. OWODUNNI (will supply citation later) it will broaden your mind better on the dangers of engaging in guesswork in this kind of thing.
|Re: The Nigerian Tenancy Law On Eviction? by Nobody: 10:17am On May 12, 2013|
DECOtech:My problem is that once too often house agents are The ones τ̲̅ȍ push such reasons τ̲̅ȍ house owners τ̲̅ȍ get a better price off another desperate tenant.If you go τ̲̅ȍ housing section u will see my post for a house τ̲̅ȍ let at ikeja. Į̸̸̨ƭ took us 13 years τ̲̅ȍ get that house back,•̸№t that we could •̸№t evict the man forcefully,but we were considering his innocent family who would be hurt in d process.But alas,he left on his own accord.I see pple experience such and while my father was alive(A lawyer)he never tot of using his judicial knowledge against this man.So I'm sorry if I was aggressive but a little human feelings I learnt while growing up, made me so.
|Re: The Nigerian Tenancy Law On Eviction? by gabbytabby: 10:28am On May 12, 2013|
Speak with the tenant and let him or her know the specific day you need them to be out by and based on their response you will decide if you need to involve a lawyer or not.
I have had to do this with a tenant and they were obviously not happy to move as they have children in school and have built relations with neighbours etc also, the rent was quite negligible(lets say they would not be able to rent a room with it and this was a 2 bedroom bungalow) as at the time it was let we just needed someone to be there but their needs cannot override yours and I had stayed with family and friends on previous occassions and knew that I needed a place of my own.
This was a property that I never really received a kobo for over 10 years although the tenant was paying. Its the family not handing anything over oh. Anyways I was happy to forgo rent and the tenant did not pay for about 7 months, I even called to tell him that he could stay for another 6 months as my plans got extended but they were avoiding my call and missed the free lunch but they did leave voluntarity.
If they have been good tenants, are willing to leave voluntarity, give them options if you can afford it. One thing you can do is get them to sign an agreement to vacate by a set date in lieu of some rent. If they do not sign, at least it lets you know that you are likely to have problems then get a lawyer involved sharp sharp.
You cant deal with people who think they have a sense of entitlement and everybody should give them a free lunch. Too many adults acting like children. Respect is earned.
In case you are wondering, after 2 years, I did let out the place for 10 times what the last tenant was paying and that is still below market and I spent more to update it.
|Re: The Nigerian Tenancy Law On Eviction? by Nobody: 10:32am On May 12, 2013|
SUCCEED!:This is my take on d issue,if d Op does •̸№t have an ulterior motive he would have sat with d tenant τ̲̅ȍ reason together rather than come here τ̲̅ȍ act the good guy while seeking an underground judicial means τ̲̅ȍ take the man by surprise.Does he think its easy τ̲̅ȍ get a house in Lagos
|Re: The Nigerian Tenancy Law On Eviction? by Nobody: 10:38am On May 12, 2013|
gabbytabby: Speak with the tenant and let him or her know the specific day you need them to be out by and based on their response you will decide if you need to involve a lawyer or not.Simple!!!!! This is exactly the shortest route τ̲̅ȍ getting ur house back.D bible clearly states that"A soft response turneth away strife".Show some └♡̨̐√ƺ and any reasonable tenant will follow suit.
|Re: The Nigerian Tenancy Law On Eviction? by gabbytabby: 10:45am On May 12, 2013|
Dont laugh too hard cos there is another guest that thinks that she is a tenant that I am going to throw out soon. Tenants would usually get the type of Landlord they deserve.
nony30: Simple!!!!! This is exactly the shortest route τ̲̅ȍ getting ur house back.D bible clearly states that"A soft response turneth away strife".Show some └♡̨̐√ƺ and any reasonable tenant will follow suit.
|Re: The Nigerian Tenancy Law On Eviction? by monex(m): 10:50am On May 12, 2013|
nony30: Thank you for being reasonable.But the issue here is that most often times some house owners will always give reasons such as this here τ̲̅ȍ recover their properties in disguise that they want τ̲̅ȍ use Į̸̸̨ƭ just τ̲̅ȍ obtain the sypathy of a reasonable tenant only for them τ̲̅ȍ double the rent and give Į̸̸̨ƭ out τ̲̅ȍ another desperate tenant willing τ̲̅ȍ pay.People like this are exactly why Fashola had τ̲̅ȍ look into this kind of cases which occur once too often for mere coincidences.do you understand what an agreement is?
if u paid for one yr rent with a one yr agreement, the agreement expires after one year so the landlord could triple his rent for all he cares or sell to the highest bidder. it's not ur business.
what you should have done is to involve ur own lawyer in the drafting of the original agreement.
|Re: The Nigerian Tenancy Law On Eviction? by SUCCEED3: 10:52am On May 12, 2013|
I am not a lawyer and may not know all the technical aspects of the Lagos tenancy law but I am not a complete novice.
I know that the Lagos tenancy law was promulgated to give some sort of protection to the vulnerable. Gone are the days when a landlord would use brute force or such similar means to eject a tenant from his apartment without due process. There used to be a time when some landlord could actually lock up an apartment and deny the tenant entry just because they wanted to repossess the apartment without any form of due process. Some would even use hired tugs and police in conjunction with their lawyers to throw things out of the apartment and claim they served some phony court papers to the tenant without the tenant’s response.
No matter how you look at it, you cannot rule out sentiments in some cases. So you think it is proper for a landlord to collect 2 years rent from a new tenant in addition to agency, agreement and caution fees and at the expiration of the 2 years he would ejects the tenant and collect another 2 years rent plus all the fees from another tenant and the cycle goes on like that. That is wickedness and I tell you the court would frown at that.
Yes some tenants are also wicked, some refuse to pay their rent and may try to exploit the legal system to perpetuate their stay in an apartment, but good enough the courts can also deal with that.
Even the law makes provision for mediation, instead of going to court with all the attendant troubles and being at war with each other, issues can be resolved faster through mediation, but where that fails legal action can then be taken.
I have heard instances where some landlords give tenants quit notices for reasons such as: My wife quarreled with your wife, he got promoted in his office, he is building his own house, he has more/better cars than me, your child beat up my child, you failed to do him a favour etc.
I still remember the case of P-Square and their landlord some years back, where the landlord introduced his son to P-Square and wanted P-square to sign him to their label and they declined and when the landlord got to know that they were building their own house he became furious, he issued them an eviction notice accusing them of all sorts.
The law always attempts to protect the more vulnerable, that is why by law a responsible organization cannot wake up one day and sack a good employee, who has not committed any crime, without proper compensation. Even though in the employment letter (agreement) the organization reserves the right to relieve the employee of his/her duties at any time.
|Re: The Nigerian Tenancy Law On Eviction? by gabbytabby: 11:45am On May 12, 2013|
If the landlord chooses to be humane in his dealings then that is his perogative. Strickly speaking its a business transaction and it ends when one party says they are no longer willing to continue the relationship.
No court would grant a tenant right to a property in perpetuity and that is the bottom line.
Most landlords would prefer to have a good tenant(pays rent, looks after property, not have any nefarious activities going on, neighbourly etc) than focus too much on throwing out and new tenant with unknown quantity. Personally, I do not want tenants who have no plans to move on into their own property they are unlikely to fit into the responsible/reliable criteria in my books.
|Re: The Nigerian Tenancy Law On Eviction? by Nobody: 11:51am On May 12, 2013|
Z8:Are u a learner Ohk,you still live with ur mom at ur age so you must •̸№t know what housing is like
|Re: The Nigerian Tenancy Law On Eviction? by Nobody: 12:04pm On May 12, 2013|
Edenitis: It is good that you have built one. May your tenants think and act like you. Please remember when they do, do not act like a beast. It is not good for your health.why don't u go fk urself dude!
|Re: The Nigerian Tenancy Law On Eviction? by akino(m): 12:34pm On May 12, 2013|
I doubt if you live in Nigeria, rented a house or ever lived in Lagos,Abuja or any of the the developed states in Nigeria.
Let us do a critical analysis of your expression - serve quit notice on tenant six months before rent expires and this will give the tenant room to look for another house. After you have collected agreement and commmission?Pray to have illitrate as tenant then you can get away with it.You can only serve quit notice ONLY after rent expires. I hope its not a ploy to collect another agreement and commission?this is what we know shylock landlords/benefactors for.
|Re: The Nigerian Tenancy Law On Eviction? by gabbytabby: 12:51pm On May 12, 2013|
For the illiterate, literate and educated illiterates - for all persons, the wording of the teancy law is on Nairaland google and read. I cant guarantee that all will understand but if you dont get someone to translate.
|Re: The Nigerian Tenancy Law On Eviction? by Nobody: 1:26pm On May 12, 2013|
akino:Please tell them again
|Sections: politics (1) business autos (1) jobs (1) career education (1) romance computers phones travel sports fashion health |
religion celebs tv-movies music-radio literature webmasters programming techmarket
Nairaland - Copyright © 2005 - 2016 Oluwaseun Osewa. All rights reserved. See How To Advertise. 313