can any one help me.i have a property in nigeria.my uncle put the tenants in and collected rent with out my knowledge for a year.now my brother has gone there to collect rent.i am overseas.do i still have to give quit notice?

@Bigsam.
Your position demands more explanation. Did you authorize your brother/uncle to manage the property on your behalf? Did you authorize them to put in the tenants? Did you give them any power/authority in respect of the property? If answer to the above is yes, then you are bound by their actions, whether the money was collected with your knowledge/consent or not. They are deemed to be your agents. So you must give them quit notice to vacate. Except of course you had expressly warned/prohibited the tenants against paying rent to them or anybody without your consent.

@ednuttyz.
thanks for your reply.i am in the uk.and inherit my fathers property.i have a lawyer working for me.i just want to stay in the back ground and seek advise from people here.a court case is coming to an end and i need to get the tenants out.my uncle put the tenants there without my knowledge.i asked my brother to go there and get their names and give it to the lawyer which he didnt and i was told by my aunties that he has collected rent.

Ignorant is not a reason to the rule of law. We all will agree that may so call landown take ad-vatages of people desperation of where to stay on them.
Not long ago, infact 4Th Dec 2009 my landlord in my house where hi school (NIGER DELTA UNIVERSITY,WILBERFORCE ISLAND,BAYELSA) give out the house of one of our Nibor this year October while her rent suppose to exp on 31st Nov, unfortunately for her, she is in Biological Science final and her defending day was posted to 16Th this mouth of Dec 2009.

It was not supprising to any one of alls when our landlord call and ask her if she has move her things because the new person that have pay for the house is ready to move in.

Let me ask all you in Nairaland
First, who do we need to blame?

The girl that pay for the rent and was told that some body is still living inside both Will level at the end of the mouth (Nov) and she will enter Dec 1st
or she that aspect to really level wit out a fight?.

We need a law that will protect student in the higher institution because we are really begin oppress here in WILBERFORCE ISLAND.

pls i need to know more about mesne profit.

ednuttyz: This is the law:

A yearly tenant is entitled to 6 months' notice to quit.
A half-yearly tenant is entitled to six months' notice.
A monthly tenant is entitled to a month's notice.
A weekly tenant is entitled to a week's notice.

These are the rules. The exception comes in in the tenancy agreement where the parties may stipulate any length of notice between themselves. If you as a yearly tenant sign a tenancy agreement which says your tenancy may be terminated by a month's notice, it becomes binding on you. If as a monthly tenant, your tenancy agreement stipulates that you will be given 6-months' notice, your landlord is bound by it.

A quit notice may be given before or after the expiration of your tenancy. If for instance your tenancy runs from January 2009 to Decemebr 2009, your landlord is entitled to give you a six-month's quit notice sometime in June 2009 to coincide with the termination of your tenancy in December 2009. He is equally entitled to give you the six-month's notice anytime thereafter, so long as the notice does not terminate the tenancy midway. The law as stated by a recent Supeme Court case is that your landlord does not have to give you the notice to coincide with the expiration of your tenancy. He can give you the notice anytime before or after the expiration so long as he complies with the statutory requirement on the length of notice.

That is the law!

These issues were dealt with extensively in this book, KNOW YOUR RIGHTS AS A TENANT.

Most comments here are on point, especially d view above (thumbs up, brother). No point commenting further as this was going 2 be my position, with respect to the New Lagos State Tenancy Law. Grab a copy & read to know more about this.

I live in Abuja and I got a new job in lagos. My rent would expire on 19th of Dec,I need 3month to process my accommodation in lagos and relocation. Is it possible to spend d 3months without rent and how do I go about it because my (greedy) caretaker must surely come for his 3months rent. Lawyers in d house,please advice

nonyefanope: I live in Abuja and I got a new job in lagos. My rent would expire on 19th of Dec,I need 3month to process my accommodation in lagos and relocation. Is it possible to spend d 3months without rent and how do I go about it because my (greedy) caretaker must surely come for his 3months rent. Lawyers in d house,please advice

Since you have the guts to tag the caretaker as greedy, then you must be a thief/criminal for having the guts to come online looking for suggestions on how to cheat a landlord out of 3 months rent

hello i just need more knowledge on this quick notice thing.i leave in an apartment where i deal with my landlord directly, i pay my rent @ when due but this last rent i have not made the payment due to somethings, i have now spent 5 month in the apartment , note(not that am not willing to pay) now my landlord have now handed over his property to a consultant / estate survivor who just introduce himself with a letter and is trying to give mi 5 days quick notice either for me to make payment or he will talk possession of my properties and i will still leave the house. PLS HOUSE CAN U ADVICE ME ON WHAT TO DO.

Austin234:
@erastus
Pls cud u throw more light on what u mean by MESNE PROFIT

Please stop asking Erastus to throw more light cos the light he has been throwing based on his knowledge from the 'borrowed course' is murky and disastrous.

Please listen to and ask bigfoot79. He is correct in the few posts of his I just read.

nonyefanope:
I live in Abuja and I got a new job in lagos. My rent would expire on 19th of Dec,I need 3month to process my accommodation in lagos and relocation. Is it possible to spend d 3months without rent and how do I go about it because my (greedy) caretaker must surely come for his 3months rent. Lawyers in d house,please advice

Lawyers in the house stand for justice. A landlord is entitled to his rent. Madam please make arrangement to pay for the three (3) months rent please. Under the law of our land Nigeria, it is not possible to spend even one month in another persons house and not pay rent. The caretaker will only be diligent and not greedy.

femo80:
hello i just need more knowledge on this quick notice thing.i leave in an apartment where i deal with my landlord directly, i pay my rent @ when due but this last rent i have not made the payment due to somethings, i have now spent 5 month in the apartment , note(not that am not willing to pay) now my landlord have now handed over his property to a consultant / estate survivor who just introduce himself with a letter and is trying to give mi 5 days quick notice either for me to make payment or he will talk possession of my properties and i will still leave the house. PLS HOUSE CAN U ADVICE ME ON WHAT TO DO.

You have stayed 5 months without paying rent?

Anyway, the position of the law is that if you owe rent for 3 months then you become a statutory tenant and you are only entitled to 7 days notice of owners intention to recover possession of premises. And yes, you will still pay the rent you are owing

omooghene1:
Ignorant is not a reason to the rule of law. We all will agree that may so call landown take ad-vatages of people desperation of where to stay on them.
Not long ago, infact 4Th Dec 2009 my landlord in my house where hi school (NIGER DELTA UNIVERSITY,WILBERFORCE ISLAND,BAYELSA) give out the house of one of our Nibor this year October while her rent suppose to exp on 31st Nov, unfortunately for her, she is in Biological Science final and her defending day was posted to 16Th this mouth of Dec 2009.

It was not supprising to any one of alls when our landlord call and ask her if she has move her things because the new person that have pay for the house is ready to move in.

Let me ask all you in Nairaland
First, who do we need to blame?

The girl that pay for the rent and was told that some body is still living inside both Will level at the end of the mouth (Nov) and she will enter Dec 1st
or she that aspect to really level wit out a fight?.

We need a law that will protect student in the higher institution because we are really begin oppress here in WILBERFORCE ISLAND.

Your post is not very clear however I can make out the issue to be that while the tenancy of one student was subsisting the landlord gave the same apartment out to someone else.

My question is... Was the apartment rented by the first girl rented on sessional basis? Am aware that in some academic environments some rents are done per session. However, there is no rational for a landlord to rent an apartment currently occupied by a tenant out to another person. Such tenants are fully protected by the national/ state laws governing tenancy. There need not be a specific set of rules for students

Benniewank:
For yearly tenants, stipulated law says 6 mths quit notice
Monthly tenants - 7 days notice

But if the agreement stipulates otherwise, it's what's in the agreement that would follow, except his lawyer intelligently capitalizes on equity.

That is why we advise that prospective tenants shouldn't rush into signing tenancy agreements because they are in a hurry to move into a house. Take your time and read the terms and conditions line by line before commiting your signature. Where you dont understand, ask a learned fellow or an estate surveyor to explain to you in clear terms. Note: Dont mistake an estate surveyor for an agent o. I mean no insult, though. If any clause seems to work against you, ask that it be removed, that's why it is called an agreement. You dont sign what you dont agree with.

...legally speaking. Bravo!

Leaving or quitting a rented apartment in Nigeria
https://www.propertyibejulekki.com.ng/leaving-quitting-rented-apartment-nigeria/

Same thing happened to me o, I paid rent this year March 6, 2020 that will expire next year March 2021, now he gave me quit notice August 2020 while my money is still running, I was confused I don't know what to do, I had to come here to seek for help too.

nonysmith:
@erastus

i think the position of the laws is clear when it comes to tenancy aggreement. what ever is contained in the agreement signed by both parties is binding, but failing thus, one will result to the position of the law which is for tenants at will,

Yearly tenants are given 6months notice to quit which is to expire on the eve of the anniversary
half year tenants are given 3 months notice to quit.
monthly tenants are given 7 days notice to quit

At this juncture it should be noted that the procedure to be followed FOR SERVICE IS, after serving the notice to quit, then the tenant will be served with a 7days notice of landlord's intention to recover property.

@SSN

What you're doing is wrong, comining to a site like nairaland to denigrate lawyers and classify them as greedy is wrong, yes we have greedy lawyers but that does not mean you should hype urslf as a christian an belittle others.
Also whether a lawyer over charges or under charges he is left to his own discretion, his bill must not be in pari-pasu with others,his professional fees is his discretion. i wont charge a common man the same thing i will charge a minister as the transaction dynamics may differ.

ssn, doesnt pasting advert on the site go against rules of professional conduct, dont worry is subtle

good day sir, pls I need a legal advice on this tennacy issues. I am a yearly tenant then I decided to inform my landlord that I want to pay the next rent on half year. He accepted and I paid then after one month of him accepting the money, he returned to the house that he will not accept the 6 month that he will return the money that I should park. I refused to accept the money and he have been threatening me. Why should I accept back the money after one month

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