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Nairaland Forum / Nairaland / General / Properties / Landlord Gets 3-year Jail Term For Evicting Tenant With Force. (36143 Views)
Should I Give My Unfaithful Tenant An Eviction Notice? / Landlord Gets 3-year Jail Term For Evicting Tenant With Force / Become A Landlord Today And Cease From Being A Tenant With Just N34,000!!!!! (2) (3) (4)
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Re: Landlord Gets 3-year Jail Term For Evicting Tenant With Force. by akinsadeez(m): 9:28am On Nov 01, 2014 |
OwoLee: Honestly I can feel your pain but removing the roof of such a tenant isn't the best solution. You can simply approach the rent tribunal and get the tenant thrown out the legal and proper way. Not only that the tribunal can order the tenant to pay you for the use and occupation of your house, called mesne profit and the money awarded can even be higher than the normal rent you would have received. 1 year and 7month is a very long time. If you had approached a lawyer quickly you could have gotten him out legally long before now with your money in hand. Self help isn't the way to go. 1 Like |
Re: Landlord Gets 3-year Jail Term For Evicting Tenant With Force. by akinsadeez(m): 9:28am On Nov 01, 2014 |
9jatatafo: This is a criminal trial. The court as far as I know cannot make such orders in a criminal trial because the case is between the state and the landlady, not the landlady and the tenant. The tenant has the right to sue the landlady in a separate civil case and even tender the judgement of the criminal case to further prove her case. She can then ask for and the court can award her both special and general damages which might end up far higher than the three hundred thousand naira property that she lost. 1 Like |
Re: Landlord Gets 3-year Jail Term For Evicting Tenant With Force. by Nobody: 9:30am On Nov 01, 2014 |
ibedun:I bet no south west can afford the rent we south east pay every year as rent. You ungrateful beggars. |
Re: Landlord Gets 3-year Jail Term For Evicting Tenant With Force. by Nobody: 9:33am On Nov 01, 2014 |
akinsadeez:and you think it's that easy to evict a tenant? Lol. It takes not just a lawyer. Mutual agreement and dialogue works better. He will live in that house and you'll be frustrated wasting money on lawyers 2 Likes |
Re: Landlord Gets 3-year Jail Term For Evicting Tenant With Force. by Jeffy1206(m): 9:40am On Nov 01, 2014 |
anitank:I think I should be sorry for you cos you and your mom is not exercising your rights as a landlord... Talking your trash about living in a house... I am a landlord in my way so I know what it means to be a landlord. Exercise your rights and eject the stubborn tenant but in a right way that's just my point ma. |
Re: Landlord Gets 3-year Jail Term For Evicting Tenant With Force. by eagleeye2: 9:41am On Nov 01, 2014 |
Many landlords make the mistake of thinking that Lawyers are expensive, so the resort to self help. How much would it have cost this landlady to go to a lawyer and get things done the right way. I manage my family's properties and my tenants know that even rent increments come from the lawyer. You owe rent, after three months grace you will be hearing from my lawyer. Now the landlady has been embarrassed, and she will pay fine after the whole brouhaha. SMH 1 Like |
Re: Landlord Gets 3-year Jail Term For Evicting Tenant With Force. by akinsadeez(m): 9:43am On Nov 01, 2014 |
slimmy05: I know it is relatively easy to evict a tenant. If the tenant is truly past the time he should vacate the property, if you serve him the right notices properly the court will get you back your property. The only problem is getting a honest lawyer. It is far better than self help which lands landlords in trouble. of course mutual dialogue is always the first option but we are talking about a situation where a stubborn tenant is refusing to vacate the property. That kinda person won't listen to mutual dialogue. |
Re: Landlord Gets 3-year Jail Term For Evicting Tenant With Force. by Jeffy1206(m): 9:43am On Nov 01, 2014 |
to9ine:I'm sure there must be remedy for the tenant if not y go to the court For him to be jailed or pay for damages? Examplary damages is the punishment here... |
Re: Landlord Gets 3-year Jail Term For Evicting Tenant With Force. by akinsadeez(m): 9:45am On Nov 01, 2014 |
eagleeye2: Exactly what I have been saying. The landlord ideally doesn't need to be running after the tenant and engaging in roforofo fight with them. Get a good lawyer to serve the right notices and things will proceed smoothly. |
Re: Landlord Gets 3-year Jail Term For Evicting Tenant With Force. by Bagayouche: 9:46am On Nov 01, 2014 |
ibedun:u are a fool |
Re: Landlord Gets 3-year Jail Term For Evicting Tenant With Force. by Jeffy1206(m): 9:47am On Nov 01, 2014 |
akinsadeez:you must be a lawyer? Thanks for the points. Every thing must be done in a proper way for all parties to be happy! 1 Like |
Re: Landlord Gets 3-year Jail Term For Evicting Tenant With Force. by Nobody: 9:47am On Nov 01, 2014 |
modelmike7: As we have bad landlord, we also have very bad tenants it depend on which side you are |
Re: Landlord Gets 3-year Jail Term For Evicting Tenant With Force. by marv1: 9:48am On Nov 01, 2014 |
klem93:. U go school at all? So u dont know a tenant has some rights. Which one is wonder here now? I dont blame u because abnormalty has bcome normal in nigeria. So if u a landlord u will do exactly that barbaric thing? 1 Like |
Re: Landlord Gets 3-year Jail Term For Evicting Tenant With Force. by eagleeye2: 9:50am On Nov 01, 2014 |
akinsadeez:There is nothing like a stubborn tenant in the eyes of the Law. Get a lawyer and tell the lawyer what you want him to do. it is only when you want to use self help that you start talking about stubborn tenants. Dialogue with the tenant and let him or her know that after two or three months past his due, he or she will be hearing from your lawyers. And mean it. |
Re: Landlord Gets 3-year Jail Term For Evicting Tenant With Force. by Nobody: 9:51am On Nov 01, 2014 |
akinsadeez:and you think serving him 6months notice and at the expiry of the notice, the court edicts him forcefully. Even if it's Festus Keyamo be your lawyer, I will stay in that house till I get accommodation suitable for my family as I earlier searched for yours |
Re: Landlord Gets 3-year Jail Term For Evicting Tenant With Force. by Nobody: 9:56am On Nov 01, 2014 |
360command:. . . . . . I believe there are better ways (legal-wise) to resolve issues like that, but to remove the whole roof of a building, during the rainy season knowing that a tenant's belongings and properties are inside is not just right and it is uncalled for!!!. . . . . . . . . In btw, learn how to quote and talk to someone without an insult, pls i plead with you, cos i have not insulted you kid bro! |
Re: Landlord Gets 3-year Jail Term For Evicting Tenant With Force. by gogodaye(m): 9:57am On Nov 01, 2014 |
@Inverted Hammer .....The criminal proceedings in the Magistrate Court does not debar or estop the Tenant from suing and recovering another lump sum of money as damages in a civil suit for the irreparable losses suffered by him & occasioned by the conduct of his now convicted Landlandy.... Mind you the #50,000 fine imposed in lieu of the prison term if paid by the convicted Landlady would never have been handed over to him.....It goes to the Ekiti State Governments' Treasury/Chest. |
Re: Landlord Gets 3-year Jail Term For Evicting Tenant With Force. by Nobody: 9:58am On Nov 01, 2014 |
toyetade:. . . . . . . . . You are absolutely right bro, but . . . . . . I believe there are better ways (legal-wise) to resolve issues like that, but to remove the whole roof of a building, during the rainy season knowing that a tenant's belongings and properties are inside is not just right and it is uncalled for!!! 1 Like |
Re: Landlord Gets 3-year Jail Term For Evicting Tenant With Force. by eagleeye2: 9:58am On Nov 01, 2014 |
Please landlords and landladies, make sure you draft a contract/agreement before letting your house out. Spell out all the terms clearly in the contract. In case of a default or difficult tenants, take a copy of the contract to your lawyer and have him start the process of ejecting the difficult tenant. At most it will take between 6months to one year, and the tenant will vacate your property. No matter how humble or gentle a tenant looks, ensure he signs a contract before moving in. The contract/agreement is the only thing that assures you of quick recovery of your property in the event of default. |
Re: Landlord Gets 3-year Jail Term For Evicting Tenant With Force. by akinsadeez(m): 9:58am On Nov 01, 2014 |
slimmy05: I don't understand. How will you stay in the house when the court bailiffs in conjunction with law enforcement agents have packed your belongings out of the house. If the court has given an order that you should vacate the premises and the landlord enforces it, you will be packed out of the house together with your property but it will be done legally with the presence and approval of court officials. So how then will you stay in the house till you get suitable accomodation 2 Likes |
Re: Landlord Gets 3-year Jail Term For Evicting Tenant With Force. by Nobody: 10:01am On Nov 01, 2014 |
Cornel88:. . . . . . There will always be a Section, Criminal Code, Cap, and the Laws in Lagos State that will be applicable! Its only the numbers that would have been different! |
Re: Landlord Gets 3-year Jail Term For Evicting Tenant With Force. by delors(m): 10:02am On Nov 01, 2014 |
The prison term and the N50k fine are not equal. It's like choosing between the devil and a shallow swimming pool. I mean, who wouldn't pay a N50k fine to avoid a 3yr jail term? I think the morale of the kasala is just to warn landlords that even mai-rents (i.e. Tenants in English) also have rights. Pay up woman, or we lock ur up in that hell hole. Her surname is funny though - Adakeja (Silent fighter) Hmmm awon iya mi osoronga |
Re: Landlord Gets 3-year Jail Term For Evicting Tenant With Force. by Nobody: 10:02am On Nov 01, 2014 |
akinsadeez:and you think to get such court injunctions is as easy as buying a newspaper? Well, with your write up, shows you have little knowledge of court rulings as regards landlord- tenant issues. |
Re: Landlord Gets 3-year Jail Term For Evicting Tenant With Force. by eagleeye2: 10:03am On Nov 01, 2014 |
slimmy05:Depends on the contact you sign. If its my property, you have a month notice in writing, after that we are heading to court. A month is my contract or agreement, irrespective if you pay yearly. The Contract you sign, superceed all other laws. Because you signed freely and not under duress. At most you will be staying for 6 months to a year. : |
Re: Landlord Gets 3-year Jail Term For Evicting Tenant With Force. by Sheggy13(m): 10:09am On Nov 01, 2014 |
vivalavida:Now u have gotten the attention u need bigoted fool.. It's rusted but ur people won't stop trooping from their heavens to settle in towns with these rusted zinc.. 3 Likes |
Re: Landlord Gets 3-year Jail Term For Evicting Tenant With Force. by Nobody: 10:10am On Nov 01, 2014 |
eagleeye2:then you will tell me which law permits you to request for yearly rent when the law doesn't stipulat such and what the hell give you the notion that it's your house and you can do whatever you seem satisfactory. You need to jam a very good tenant. You'll become more a tenant in your own house. I know i will never happen to be your tenant, but I pray you jam a very knowledgeable headstrong man like me. No will stay in your house for a good 1year 6months before I vacate the house and within this period any act of yours will be subjected to a fresh case. So you will be ready to visit the court always for that 1year 6months. Lawyers will continue to milk you |
Re: Landlord Gets 3-year Jail Term For Evicting Tenant With Force. by gogodaye(m): 10:13am On Nov 01, 2014 |
@slimmy05......Once the right steps as provided for in law are adhered to...culminating a valid order of court for the recovery j reversion of the possesion of the let property back to the landlord...No one needs a Festus Keyamo as his lawyer....for you to be cleared of all your recedivist doubts...You'll be made an instant neighbourhood celebrity to the delight of street urchins when the mechinery of the Nigerian state is brought to bear in enforcing the valid order of the court. |
Re: Landlord Gets 3-year Jail Term For Evicting Tenant With Force. by eagleeye2: 10:18am On Nov 01, 2014 |
slimmy05:Bro, ask any lawyer. Once you FREELY sign the contract document, it is binding on you irrespective of what the law says. Moreover you will sign the Contract and your surety will also sign, in the presence of a witness. The will first ask if there was Contract signed and if it was freely signed. I don't need to resort to self help when I have a binding and duely signed contract. If I may add, I have had a lawyer, a FRSC lady, a politician, a teacher, a local government worker as my tenants at one point or another. I hardly take in illiterates or just anyone. I recently returned a prospective tenants money, because I was of the view that if I take him in, we will clash in future. |
Re: Landlord Gets 3-year Jail Term For Evicting Tenant With Force. by blank(f): 10:21am On Nov 01, 2014 |
eceke007: Then take the tenant to court and do the right thing. The judge will not only eject the tenant, he will ensure the tenant pays all backlog and even more money. 1 Like |
Re: Landlord Gets 3-year Jail Term For Evicting Tenant With Force. by akinsadeez(m): 10:21am On Nov 01, 2014 |
slimmy05: Hehehehe. So funny. . I know about them because I have handled landlord-tenant cases myself. No one is saying that any court case will be as easy as buying newspaper because the court has to hear both sides and give a considered judgment and this takes time but that is the legal and proper way of doing things. Besides the order/judgment given by the court in this type of case is not called an injunction. |
Re: Landlord Gets 3-year Jail Term For Evicting Tenant With Force. by oluwafestus(m): 10:22am On Nov 01, 2014 |
anitank:. I feel u dear but there are procedure in every situation. So I do advice ur mom to follow due process in evicting her. First os all get a lawyer to serve her notice and is she don't leave u can go to court. Anoda option use adura(prayer) pursue her from ur house. |
Re: Landlord Gets 3-year Jail Term For Evicting Tenant With Force. by blessedqueen(f): 10:28am On Nov 01, 2014 |
ibedun: Do I blame u ? D fact is dey r paying ur rent if dose SE pple r not here wonder who will rent UR house sometimes u pple just type from UR anus. D fact u a landlord does not mean u shud treat tenants as if dey got no right. Callous landlords n landladies turning demselves to demigods..... Ish |
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