Legal Advice On Serving Of Quit Notice By A Landlord To A Tenant - Properties - Nairaland
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| Legal Advice On Serving Of Quit Notice By A Landlord To A Tenant by Welrez(m): 12:03am On Nov 15, 2014 |
A friend wants to give an eviction notice to a tenant who is occupying a flat in one of his houses. The quit notice is as a result of the tenant's defaulting in paying up his yearly rent since the last one expired four months ago and since peaceful and amicable means of resolving this has resulted to insults by the tenant. I know he has to serve the tenant a six-month quit notice since he is a yearly tenant, but what is not clear to me is whether he will not pay for those six months that the notice covers together with the earlier four months he has stayed before the notice? I would also love to know the next legal action to take if he still refuses to vacate the property at the expiry of the six-months' quit notice. Are there loopholes tenants usually exploit in the law that he needs to watch out for? I want to advise him on the legal action to take in order to avoid a lengthy legal tussel. |
| Re: Legal Advice On Serving Of Quit Notice By A Landlord To A Tenant by Priceless24(f): 12:29am On Nov 15, 2014 |
Firstly, it's depends on which state your friends premises is located because most states now have their recovery of premises law, and also on the agreement the landlord has with his tenant. If the agreement has a specific period of notice, then the landlord is required to give him that period of notice. In the absence of an agreement, Since the tenants rent has expired and he is a yearly tenant it is still compulsory to issue a six months notice to quit. The six months notice to quit is to be issued to a yearly tenant six months before the expiration of the tenancy. After the expiration of the 6months notice and the guy has not quit the premises, the landlord is required to issue a 7 day notice of intention to recover possession of the premises. He cannot forcefully evict the guy. Upon expiration of that notice, then he can proceed to court to have him legally evicted and to collect arrears of rent the guy owes him. Although it is annoying because some tenants are really difficult, plus the legal process is Naija is an eye sore, that is the general position of the law and if it is done any other way, some lawyer will use your friend to shine. My 2 cents |
| Re: Legal Advice On Serving Of Quit Notice By A Landlord To A Tenant by Welrez(m): 12:45am On Nov 15, 2014 |
Priceless24:The premises in question is in Delta State and according to my friend, he didn't sign any tenancy agreement with the said tenant. I've told him to introduce tenancy agreement asap. Thanks for your contribution. |
| Re: Legal Advice On Serving Of Quit Notice By A Landlord To A Tenant by Priceless24(f): 1:11am On Nov 15, 2014 |
Welrez: Tenancy agreement on what basis? When there is no rent? I'm sure there are records of some sort maybe receipts and such because if he decides to go to court I don't see how a tenancy agreement that is how many months old will help. There must be a way your friend keeps account of payment or tenants on his premises. Let him first worry about the 6 months notice otherwise that man will be living in his house for free for a long while |
| Re: Legal Advice On Serving Of Quit Notice By A Landlord To A Tenant by olaric(m): 1:11am On Nov 15, 2014 |
I think it is safer to follow the legal path of evicting a tenant, though it is a shame that tenants hide under the weaknesses of the judicial system to frustrate landlords. Some lawyers are so callous that they could even advice their clients to lock up the room and go away for a long time. I think the government needs to make the tenancy law fair to all parties. |
| Re: Legal Advice On Serving Of Quit Notice By A Landlord To A Tenant by Welrez(m): 3:05pm On Nov 15, 2014 |
It seems the real legal battle begins after the termination of the six month quit notice and the additional seven days, because a stubborn tenant with a dubious lawyer may keep adjourning the case while leaving in the house for free. Would the tenant in question be paying electricity bills and water rates during this period of the quit notice? Is the arrears for the period covered paid after the resolution of the case only? |
| Re: Legal Advice On Serving Of Quit Notice By A Landlord To A Tenant by Welrez(m): 4:06pm On Nov 15, 2014 |
Priceless24: |
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