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Sublet/squatting Tenants Is Refusing To Move. - Properties (2) - Nairaland

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Re: Sublet/squatting Tenants Is Refusing To Move. by remiopash: 7:24am On Mar 27, 2017
If you think the person has been reasonable in his approach and posses likeable characters,I think you can leave him.Maybe he has difficulty in securing accommodation somewhere else..
Re: Sublet/squatting Tenants Is Refusing To Move. by jumpandpas(m): 7:25am On Mar 27, 2017
bebe2:


He said he can't leave, he asked me where do I expect him to get 500k that he will used to secure another property? shocked. That he has a wife and 2 young children children and. Any afford to move.

The guy is crazy ooo


Were they properly informed that the house will be sold or have been put for sale or you just bought the house and told them to leave?.
Re: Sublet/squatting Tenants Is Refusing To Move. by monimekaz(m): 7:25am On Mar 27, 2017
Don't push the man to hell again ooo....Lagoon !!!
Re: Sublet/squatting Tenants Is Refusing To Move. by alizma: 7:27am On Mar 27, 2017
bebe2:


He said he can't leave, he asked me where do I expect him to get 500k that he will used to secure another property? shocked. That he has a wife and 2 young children children and. Any afford to move.

The guy is crazy ooo

he is not crazy. he gave you some good reason and what I expects you to do is to have a mind to mind discussion with him. eg give him six month without pay within which he should fix himself ex where and then get him to sign legally binding agreement to that effect.
Re: Sublet/squatting Tenants Is Refusing To Move. by TinaAnita(f): 7:30am On Mar 27, 2017
Badgers14:


But dude is a squatter though..

His name is not even in the book. This is actually a none case.

Do you know if you want to be rugged, you could talk to the police and they will drag him out of there. Because he is not your tenant, he doesn't have tenancy agreement.

I wouldn't even reason legal option here because the case is likely to be thrown out it you are going for notice to quit ( at least in a civilized world). The better route would be criminal possession of your property.

For people reading this, if you are planning on sharing flat, make sure your name is included in the tenancy agreement.


So you could actually advice someone to get a police and drag your fellow human out of the house? That really says a lot about. How pathetic.
Re: Sublet/squatting Tenants Is Refusing To Move. by Incrizz(f): 7:30am On Mar 27, 2017
Daboomb:
Tenants have right, so do House owners.
If you are not a bonafide tenant, you cant enjoy the "rights" of a tenant, under the law.

So, the crux of the matter is for you to establish that he is NOT a Tenant in that premises but rather he is Trespassing on your property.


*get the original tenancy agreement of the tenant he is squatting with, from the Lawyer (I dont trust that your Lawyer one bit!).
*get the real tenant to "communicate with you" in writing that the has vacated the residence. You can send him a chat message asking if he is still interested in the house but you must phrase it in a way that will make him to say NO.
For example, tell him their are some charges that he needs to pay (Security charge, Maintenance charges, e.t.c that amounts to #100K), and you want to know if he should be billed, on the assumption that he is still holding unto the place!
grin grin

I am sure he will quickly tell you that he is no longer responsible for the place!
undecided grin

Armed with that "exchange of communication", you can just reply him that since he has vacated the place, you will no longer demand such money from him nor establish further communication with him and just wish him well in his new abode.

Now, go back to the "Squatter" and let him know that he is TRESPASSING on your property.
Dont even say he is squatting at all.

Give him two days to disappear (ofc, he wont).
Report a case of "Trespassing on private property" to the Police and charge him to court.
In the meantime, you have the right to recover your property as the law does not protect anyone committing an offence.
Double Lock the place and let him go and bring Police (The same Police that you have reported him to, for Trespassing!)

As for the Mediation Center, simply tell them you dont know him and that you have reported him to the Police for trespassing on your property.
Since he is the one that would be claiming he is your Tenant, the onus is on him to provide evidence of a tenancy contract between YOu and HIM
.

Now, (if you want to be nice...l am not) he can be advised to leave the place, with a "written undertaking" in place, in a week or two weeks time (Its not your business if he sleeps under the bridge, he is obviously a trouble maker and such people dont deserve any pity).
Dont agree to more than two weeks, be firm on this because after that length of time, you are going to "dash him" some "Squatter Rights" which you dont want to.

On the contrary, he might prove stubborn:
Charge his Trespass case to court .. while he will charge you to court for violating his "tenancy rights", as a Landlord!
Your Lawyer will insist, at the Mediation Centre, that there is an ongoing "Criminal case" on the matter and as such, it super-ceeds a "Civil case" of Tenancy.
A Criminal case must finish before the civil part/matter can be heard! grin grin

So, he gets docked for trespassing..... and You win that case because you did not rent the place to him nor did you have any rent Contract with him.

His defence will be that "he sublet the place" from the previous Tenant.
You will debunk that by saying the previous tenant has vacated the place and you dont know who he is andneither are you a party to subletting, which is unlawful and illegal.
(That "written communication" you established with the bonafide tenant, is your proof)

Apart from the fact that subletting is illegal, you actually dont know him. Finito.
He could be fined or jailed for Trespassing. I dont give a f*ck!

The Civil case will die a natural death, using the same arguments above (ofc, he wont even show face again.)

You see why l said l dont trust that your Lawyer?
he should have laid all these down on the table for you.

Now, can l have my "pay" for this brief, please? l wrote it at 3am! grin grin

Wow Daboomb you' da bomb!! shocked
Re: Sublet/squatting Tenants Is Refusing To Move. by WeNoGoDie(m): 7:31am On Mar 27, 2017
Daboomb:
Tenants have right, so do House owners.
If you are not a bonafide tenant, you cant enjoy the "rights" of a tenant, under the law.

So, the crux of the matter is for you to establish that he is NOT a Tenant in that premises but rather he is Trespassing on your property.




*get the original tenancy agreement of the tenant he is squatting with, from the Lawyer (I dont trust that your Lawyer one bit!).
*get the real tenant to "communicate with you" in writing that the has vacated the residence. You can send him a chat message asking if he is still interested in the house but you must phrase it in a way that will make him to say NO.
For example, tell him their are some charges that he needs to pay (Security charge, Maintenance charges, e.t.c that amounts to #100K), and you want to know if he should be billed, on the assumption that he is still holding unto the place!
grin grin

I am sure he will quickly tell you that he is no longer responsible for the place!
undecided grin

Armed with that "exchange of communication", you can just reply him that since he has vacated the place, you will no longer demand such money from him nor establish further communication with him and just wish him well in his new abode.

Now, go back to the "Squatter" and let him know that he is TRESPASSING on your property.
Dont even say he is squatting at all.

Give him two days to disappear (ofc, he wont).
Report a case of "Trespassing on private property" to the Police and charge him to court.
In the meantime, you have the right to recover your property as the law does not protect anyone committing an offence.
Double Lock the place and let him go and bring Police (The same Police that you have reported him to, for Trespassing!)

As for the Mediation Center, simply tell them you dont know him and that you have reported him to the Police for trespassing on your property.
Since he is the one that would be claiming he is your Tenant, the onus is on him to provide evidence of a tenancy contract between YOu and HIM
.

Now, (if you want to be nice...l am not) he can be advised to leave the place, with a "written undertaking" in place, in a week or two weeks time (Its not your business if he sleeps under the bridge, he is obviously a trouble maker and such people dont deserve any pity).
Dont agree to more than two weeks, be firm on this because after that length of time, you are going to "dash him" some "Squatter Rights" which you dont want to.

On the contrary, he might prove stubborn:
Charge his Trespass case to court .. while he will charge you to court for violating his "tenancy rights", as a Landlord!
Your Lawyer will insist, at the Mediation Centre, that there is an ongoing "Criminal case" on the matter and as such, it super-ceeds a "Civil case" of Tenancy.
A Criminal case must finish before the civil part/matter can be heard! grin grin

So, he gets docked for trespassing..... and You win that case because you did not rent the place to him nor did you have any rent Contract with him.

His defence will be that "he sublet the place" from the previous Tenant.
You will debunk that by saying the previous tenant has vacated the place and you dont know who he is andneither are you a party to subletting, which is unlawful and illegal.
(That "written communication" you established with the bonafide tenant, is your proof)

Apart from the fact that subletting is illegal, you actually dont know him. Finito.
He could be fined or jailed for Trespassing. I dont give a f*ck!

The Civil case will die a natural death, using the same arguments above (ofc, he wont even show face again.)

You see why l said l dont trust that your Lawyer?
he should have laid all these down on the table for you.

Now, can l have my "pay" for this brief, please? l wrote it at 3am! grin grin

Honourable I need your help on a similar matter.

Don't mind paying for your brief.

Number: 08054942314, whatsapp: 08094203615.

If you can drop your number, I'll be glad to call you.

2 Likes

Re: Sublet/squatting Tenants Is Refusing To Move. by sisisioge: 7:31am On Mar 27, 2017
Daboomb:
Tenants have right, so do House owners.
If you are not a bonafide tenant, you cant enjoy the "rights" of a tenant, under the law.

So, the crux of the matter is for you to establish that he is NOT a Tenant in that premises but rather he is Trespassing on your property.


*get the original tenancy agreement of the tenant he is squatting with, from the Lawyer (I dont trust that your Lawyer one bit!).
*get the real tenant to "communicate with you" in writing that the has vacated the residence. You can send him a chat message asking if he is still interested in the house but you must phrase it in a way that will make him to say NO.
For example, tell him their are some charges that he needs to pay (Security charge, Maintenance charges, e.t.c that amounts to #100K), and you want to know if he should be billed, on the assumption that he is still holding unto the place!
grin grin

I am sure he will quickly tell you that he is no longer responsible for the place!
undecided grin

Armed with that "exchange of communication", you can just reply him that since he has vacated the place, you will no longer demand such money from him nor establish further communication with him and just wish him well in his new abode.

Now, go back to the "Squatter" and let him know that he is TRESPASSING on your property.
Dont even say he is squatting at all.

Give him two days to disappear (ofc, he wont).
Report a case of "Trespassing on private property" to the Police and charge him to court.
In the meantime, you have the right to recover your property as the law does not protect anyone committing an offence.
Double Lock the place and let him go and bring Police (The same Police that you have reported him to, for Trespassing!)

As for the Mediation Center, simply tell them you dont know him and that you have reported him to the Police for trespassing on your property.
Since he is the one that would be claiming he is your Tenant, the onus is on him to provide evidence of a tenancy contract between YOu and HIM
.

Now, (if you want to be nice...l am not) he can be advised to leave the place, with a "written undertaking" in place, in a week or two weeks time (Its not your business if he sleeps under the bridge, he is obviously a trouble maker and such people dont deserve any pity).
Dont agree to more than two weeks, be firm on this because after that length of time, you are going to "dash him" some "Squatter Rights" which you dont want to.

On the contrary, he might prove stubborn:
Charge his Trespass case to court .. while he will charge you to court for violating his "tenancy rights", as a Landlord!
Your Lawyer will insist, at the Mediation Centre, that there is an ongoing "Criminal case" on the matter and as such, it super-ceeds a "Civil case" of Tenancy.
A Criminal case must finish before the civil part/matter can be heard! grin grin

So, he gets docked for trespassing..... and You win that case because you did not rent the place to him nor did you have any rent Contract with him.

His defence will be that "he sublet the place" from the previous Tenant.
You will debunk that by saying the previous tenant has vacated the place and you dont know who he is andneither are you a party to subletting, which is unlawful and illegal.
(That "written communication" you established with the bonafide tenant, is your proof)

Apart from the fact that subletting is illegal, you actually dont know him. Finito.
He could be fined or jailed for Trespassing. I dont give a f*ck!

The Civil case will die a natural death, using the same arguments above (ofc, he wont even show face again.)

You see why l said l dont trust that your Lawyer?
he should have laid all these down on the table for you.

Now, can l have my "pay" for this brief, please? l wrote it at 3am! grin grin

Tuale baba...I just love this! Na real Capone style. That moraforker is toast!

2 Likes

Re: Sublet/squatting Tenants Is Refusing To Move. by babyfaceafrica: 7:33am On Mar 27, 2017
alizma:

he is not crazy. he gave you some good reason and what I expects you to do is to have a mind to mind discussion with him. eg give him six month without pay within which he should fix himself ex where and then get him to sign legally binding agreement to that effect.
he should give him six month without pay?..lolz!!!

4 Likes

Re: Sublet/squatting Tenants Is Refusing To Move. by moradeyoo: 7:33am On Mar 27, 2017
No need to get a lawyer. Take him to the mediation center in that area and tell them you dont want him as a tenant that you need to renovate the place. If you accept him as a tenant he will only pay you for a year and he will spend at least 3year in your house

1 Like

Re: Sublet/squatting Tenants Is Refusing To Move. by TinaAnita(f): 7:36am On Mar 27, 2017
bebe2:


The real occupier had moved to PH or so,

We are thinking of giving him till April ending,

Give him enough time to move out. April isn't enough dude. Try to understand his situation as a human being with conscience.How will you feel if someone comes from nowhwere and asks you to move out of your apartment simply because the house has been sold out? Whatever you do today think of tomorrow. Sit him down and talk to him man to man without issuing threats. Yes it's your property but that doesn't give you the license to mistreat him

2 Likes 1 Share

Re: Sublet/squatting Tenants Is Refusing To Move. by Luckki1001(m): 7:36am On Mar 27, 2017
Daboomb:
Tenants have right, so do House owners.
If you are not a bonafide tenant, you cant enjoy the "rights" of a tenant, under the law.

So, the crux of the matter is for you to establish that he is NOT a Tenant in that premises but rather he is Trespassing on your property.


*get the original tenancy agreement of the tenant he is squatting with, from the Lawyer (I dont trust that your Lawyer one bit!).
*get the real tenant to "communicate with you" in writing that the has vacated the residence. You can send him a chat message asking if he is still interested in the house but you must phrase it in a way that will make him to say NO.
For example, tell him their are some charges that he needs to pay (Security charge, Maintenance charges, e.t.c that amounts to #100K), and you want to know if he should be billed, on the assumption that he is still holding unto the place!
grin grin

I am sure he will quickly tell you that he is no longer responsible for the place!
undecided grin

Armed with that "exchange of communication", you can just reply him that since he has vacated the place, you will no longer demand such money from him nor establish further communication with him and just wish him well in his new abode.

Now, go back to the "Squatter" and let him know that he is TRESPASSING on your property.
Dont even say he is squatting at all.

Give him two days to disappear (ofc, he wont).
Report a case of "Trespassing on private property" to the Police and charge him to court.
In the meantime, you have the right to recover your property as the law does not protect anyone committing an offence.
Double Lock the place and let him go and bring Police (The same Police that you have reported him to, for Trespassing!)

As for the Mediation Center, simply tell them you dont know him and that you have reported him to the Police for trespassing on your property.
Since he is the one that would be claiming he is your Tenant, the onus is on him to provide evidence of a tenancy contract between YOu and HIM
.

Now, (if you want to be nice...l am not) he can be advised to leave the place, with a "written undertaking" in place, in a week or two weeks time (Its not your business if he sleeps under the bridge, he is obviously a trouble maker and such people dont deserve any pity).
Dont agree to more than two weeks, be firm on this because after that length of time, you are going to "dash him" some "Squatter Rights" which you dont want to.

On the contrary, he might prove stubborn:
Charge his Trespass case to court .. while he will charge you to court for violating his "tenancy rights", as a Landlord!
Your Lawyer will insist, at the Mediation Centre, that there is an ongoing "Criminal case" on the matter and as such, it super-ceeds a "Civil case" of Tenancy.
A Criminal case must finish before the civil part/matter can be heard! grin grin

So, he gets docked for trespassing..... and You win that case because you did not rent the place to him nor did you have any rent Contract with him.

His defence will be that "he sublet the place" from the previous Tenant.
You will debunk that by saying the previous tenant has vacated the place and you dont know who he is andneither are you a party to subletting, which is unlawful and illegal.
(That "written communication" you established with the bonafide tenant, is your proof)

Apart from the fact that subletting is illegal, you actually dont know him. Finito.
He could be fined or jailed for Trespassing. I dont give a f*ck!

The Civil case will die a natural death, using the same arguments above (ofc, he wont even show face again.)

You see why l said l dont trust that your Lawyer?
he should have laid all these down on the table for you.

Now, can l have my "pay" for this brief, please? l wrote it at 3am! grin grin

Bro, you are good. I need to quote this for future reference too. Thank you for the expose.

1 Like

Re: Sublet/squatting Tenants Is Refusing To Move. by doe: 7:37am On Mar 27, 2017
Someone has been collecting rent. So owner can't say not aware of sub tenant.
Does the tenancy agreement allow for subletting?
Ask original tenant what agreement he has with sub tenant. That should help your next step.
Re: Sublet/squatting Tenants Is Refusing To Move. by whirlwind7(m): 7:37am On Mar 27, 2017
Daboomb:
Tenants have right, so do House owners.
If you are not a bonafide tenant, you cant enjoy the "rights" of a tenant, under the law.

So, the crux of the matter is for you to establish that he is NOT a Tenant in that premises but rather he is Trespassing on your property.


*get the original tenancy agreement of the tenant he is squatting with, from the Lawyer (I dont trust that your Lawyer one bit!).
*get the real tenant to "communicate with you" in writing that the has vacated the residence. You can send him a chat message asking if he is still interested in the house but you must phrase it in a way that will make him to say NO.
For example, tell him their are some charges that he needs to pay (Security charge, Maintenance charges, e.t.c that amounts to #100K), and you want to know if he should be billed, on the assumption that he is still holding unto the place!
grin grin

I am sure he will quickly tell you that he is no longer responsible for the place!
undecided grin

Armed with that "exchange of communication", you can just reply him that since he has vacated the place, you will no longer demand such money from him nor establish further communication with him and just wish him well in his new abode.

Now, go back to the "Squatter" and let him know that he is TRESPASSING on your property.
Dont even say he is squatting at all.

Give him two days to disappear (ofc, he wont).
Report a case of "Trespassing on private property" to the Police and charge him to court.
In the meantime, you have the right to recover your property as the law does not protect anyone committing an offence.
Double Lock the place and let him go and bring Police (The same Police that you have reported him to, for Trespassing!)

As for the Mediation Center, simply tell them you dont know him and that you have reported him to the Police for trespassing on your property.
Since he is the one that would be claiming he is your Tenant, the onus is on him to provide evidence of a tenancy contract between YOu and HIM
.

Now, (if you want to be nice...l am not) he can be advised to leave the place, with a "written undertaking" in place, in a week or two weeks time (Its not your business if he sleeps under the bridge, he is obviously a trouble maker and such people dont deserve any pity).
Dont agree to more than two weeks, be firm on this because after that length of time, you are going to "dash him" some "Squatter Rights" which you dont want to.

On the contrary, he might prove stubborn:
Charge his Trespass case to court .. while he will charge you to court for violating his "tenancy rights", as a Landlord!
Your Lawyer will insist, at the Mediation Centre, that there is an ongoing "Criminal case" on the matter and as such, it super-ceeds a "Civil case" of Tenancy.
A Criminal case must finish before the civil part/matter can be heard! grin grin

So, he gets docked for trespassing..... and You win that case because you did not rent the place to him nor did you have any rent Contract with him.

His defence will be that "he sublet the place" from the previous Tenant.
You will debunk that by saying the previous tenant has vacated the place and you dont know who he is andneither are you a party to subletting, which is unlawful and illegal.
(That "written communication" you established with the bonafide tenant, is your proof)

Apart from the fact that subletting is illegal, you actually dont know him. Finito.
He could be fined or jailed for Trespassing. I dont give a f*ck!

The Civil case will die a natural death, using the same arguments above (ofc, he wont even show face again.)

You see why l said l dont trust that your Lawyer?
he should have laid all these down on the table for you.

Now, can l have my "pay" for this brief, please? l wrote it at 3am! grin grin

Bravo!

I patiently read your take on the issue, and I totally agree with you. Don't know if you're a lawyer or not, but you were spot on.

Even if that squatter is ready to sign a new tenancy contract with me as the landlord, I won't accept him. He's already shown he's a trouble maker.

3 Likes

Re: Sublet/squatting Tenants Is Refusing To Move. by Innovictor: 7:38am On Mar 27, 2017
You Sir/Ma'am are the bomb in the real sense of the word. A Hundred hats of to you for this pleasant Monday morning chuckle.


Daboomb:
Tenants have right, so do House owners.
If you are not a bonafide tenant, you cant enjoy the "rights" of a tenant, under the law.

So, the crux of the matter is for you to establish that he is NOT a Tenant in that premises but rather he is Trespassing on your property.


*get the original tenancy agreement of the tenant he is squatting with, from the Lawyer (I dont trust that your Lawyer one bit!).
*get the real tenant to "communicate with you" in writing that the has vacated the residence. You can send him a chat message asking if he is still interested in the house but you must phrase it in a way that will make him to say NO.
For example, tell him their are some charges that he needs to pay (Security charge, Maintenance charges, e.t.c that amounts to #100K), and you want to know if he should be billed, on the assumption that he is still holding unto the place!
grin grin

I am sure he will quickly tell you that he is no longer responsible for the place!
undecided grin

Armed with that "exchange of communication", you can just reply him that since he has vacated the place, you will no longer demand such money from him nor establish further communication with him and just wish him well in his new abode.

Now, go back to the "Squatter" and let him know that he is TRESPASSING on your property.
Dont even say he is squatting at all.

Give him two days to disappear (ofc, he wont).
Report a case of "Trespassing on private property" to the Police and charge him to court.
In the meantime, you have the right to recover your property as the law does not protect anyone committing an offence.
Double Lock the place and let him go and bring Police (The same Police that you have reported him to, for Trespassing!)

As for the Mediation Center, simply tell them you dont know him and that you have reported him to the Police for trespassing on your property.
Since he is the one that would be claiming he is your Tenant, the onus is on him to provide evidence of a tenancy contract between YOu and HIM
.

Now, (if you want to be nice...l am not) he can be advised to leave the place, with a "written undertaking" in place, in a week or two weeks time (Its not your business if he sleeps under the bridge, he is obviously a trouble maker and such people dont deserve any pity).
Dont agree to more than two weeks, be firm on this because after that length of time, you are going to "dash him" some "Squatter Rights" which you dont want to.

On the contrary, he might prove stubborn:
Charge his Trespass case to court .. while he will charge you to court for violating his "tenancy rights", as a Landlord!
Your Lawyer will insist, at the Mediation Centre, that there is an ongoing "Criminal case" on the matter and as such, it super-ceeds a "Civil case" of Tenancy.
A Criminal case must finish before the civil part/matter can be heard! grin grin

So, he gets docked for trespassing..... and You win that case because you did not rent the place to him nor did you have any rent Contract with him.

His defence will be that "he sublet the place" from the previous Tenant.
You will debunk that by saying the previous tenant has vacated the place and you dont know who he is andneither are you a party to subletting, which is unlawful and illegal.
(That "written communication" you established with the bonafide tenant, is your proof)

Apart from the fact that subletting is illegal, you actually dont know him. Finito.
He could be fined or jailed for Trespassing. I dont give a f*ck!

The Civil case will die a natural death, using the same arguments above (ofc, he wont even show face again.)

You see why l said l dont trust that your Lawyer?
he should have laid all these down on the table for you.

Now, can l have my "pay" for this brief, please? l wrote it at 3am! grin grin
Re: Sublet/squatting Tenants Is Refusing To Move. by MySay(m): 7:38am On Mar 27, 2017
Daboomb:
Tenants have right, so do House owners.
If you are not a bonafide tenant, you cant enjoy the "rights" of a tenant, under the law.

So, the crux of the matter is for you to establish that he is NOT a Tenant in that premises but rather he is Trespassing on your property.


*get the original tenancy agreement of the tenant he is squatting with, from the Lawyer (I dont trust that your Lawyer one bit!).
*get the real tenant to "communicate with you" in writing that the has vacated the residence. You can send him a chat message asking if he is still interested in the house but you must phrase it in a way that will make him to say NO.
For example, tell him their are some charges that he needs to pay (Security charge, Maintenance charges, e.t.c that amounts to #100K), and you want to know if he should be billed, on the assumption that he is still holding unto the place!
grin grin

I am sure he will quickly tell you that he is no longer responsible for the place!
undecided grin

Armed with that "exchange of communication", you can just reply him that since he has vacated the place, you will no longer demand such money from him nor establish further communication with him and just wish him well in his new abode.

Now, go back to the "Squatter" and let him know that he is TRESPASSING on your property.
Dont even say he is squatting at all.

Give him two days to disappear (ofc, he wont).
Report a case of "Trespassing on private property" to the Police and charge him to court.
In the meantime, you have the right to recover your property as the law does not protect anyone committing an offence.
Double Lock the place and let him go and bring Police (The same Police that you have reported him to, for Trespassing!)

As for the Mediation Center, simply tell them you dont know him and that you have reported him to the Police for trespassing on your property.
Since he is the one that would be claiming he is your Tenant, the onus is on him to provide evidence of a tenancy contract between YOu and HIM
.

Now, (if you want to be nice...l am not) he can be advised to leave the place, with a "written undertaking" in place, in a week or two weeks time (Its not your business if he sleeps under the bridge, he is obviously a trouble maker and such people dont deserve any pity).
Dont agree to more than two weeks, be firm on this because after that length of time, you are going to "dash him" some "Squatter Rights" which you dont want to.

On the contrary, he might prove stubborn:
Charge his Trespass case to court .. while he will charge you to court for violating his "tenancy rights", as a Landlord!
Your Lawyer will insist, at the Mediation Centre, that there is an ongoing "Criminal case" on the matter and as such, it super-ceeds a "Civil case" of Tenancy.
A Criminal case must finish before the civil part/matter can be heard! grin grin

So, he gets docked for trespassing..... and You win that case because you did not rent the place to him nor did you have any rent Contract with him.

His defence will be that "he sublet the place" from the previous Tenant.
You will debunk that by saying the previous tenant has vacated the place and you dont know who he is andneither are you a party to subletting, which is unlawful and illegal.
(That "written communication" you established with the bonafide tenant, is your proof)

Apart from the fact that subletting is illegal, you actually dont know him. Finito.
He could be fined or jailed for Trespassing. I dont give a f*ck!

The Civil case will die a natural death, using the same arguments above (ofc, he wont even show face again.)

You see why l said l dont trust that your Lawyer?
he should have laid all these down on the table for you.

Now, can l have my "pay" for this brief, please? l wrote it at 3am! grin grin
Re: Sublet/squatting Tenants Is Refusing To Move. by Badgers14: 7:39am On Mar 27, 2017
TinaAnita:



So you could actually advice someone to get a police and drag your fellow human out of the house? That really says a lot about. How pathetic.

Op stated they tried to reason with the guy and he blatantly refused to move.

Recall OP just bought the property and want to renovate it.. To make the abode better!!!

Now, Mrs. Holier than thou if op did not renovate the house, the same you would be chastising the landlord/landlady for not fixing up their property.

Finally Mrs holier than thou, religious person more pious than Virgin Mary. Why would you support another man to be an obstacle to someone's progress

To be honest, op is following this scenario sofri sofri and i am beginning to think he/she doesn't live in Nigeria or have lived abroad before.

This guy clearly is not even a tenant. He should be the one beginning op and to temper justice with mercy, give him so so time to get his self together. Rather he is being stubborn.

I wish i could directly take up this case, this is clearly criminal possession of one's property.. It is a criminal case that if the guy don't be careful he would go to jail.

Lesson to be learned here.. If you are sharing a flat please make sure your name is on the lease/ Tenancy agreement.

2 Likes 1 Share

Re: Sublet/squatting Tenants Is Refusing To Move. by CarlosTheJackal: 7:42am On Mar 27, 2017
I was in same quagmire
Re: Sublet/squatting Tenants Is Refusing To Move. by mantosa(m): 7:42am On Mar 27, 2017
Barrister you dey vex oh. Haha haha haha haha

Daboomb:


Tell the Ediat to go back to his village if he cant afford Lagos rents.
IF he cant get 500K, then he does not deserve to leave in a 3-bed Flat.
His mates are managing a single room in Okokomaiko or Mushin or Bariga or Makoko slums.


The fact that he asked that silly question, makes me want to put him out on the street ASAP.
He is certainly a troublesome person.
time to teach him a lesson.

3 Likes

Re: Sublet/squatting Tenants Is Refusing To Move. by delishpot: 7:44am On Mar 27, 2017
Ola2004:
Meanwhile,

https://www.youtube.com/watch?v=U6e9yl-CKDE

Stephany otobo's mother came to Omega fire ministry to beg apostle suleman on behalf of her daughter. She practically went down on her knees to beg the pastor to forgive her daughter.

So what? Leave the woman alone. God will punish all of you frustrating this woman and scandalising her name up and down just for your ego. What did your Bible tell you about Ego. It comes before a fall. Leave her alone. Make una let God handle the case. If you so much believe in his justice.

1 Like

Re: Sublet/squatting Tenants Is Refusing To Move. by onyeogalu1(m): 7:46am On Mar 27, 2017
Daboomb:
Tenants have right, so do House owners.
If you are not a bonafide tenant, you cant enjoy the "rights" of a tenant, under the law.

So, the crux of the matter is for you to establish that he is NOT a Tenant in that premises but rather he is Trespassing on your property.


*get the original tenancy agreement of the tenant he is squatting with, from the Lawyer (I dont trust that your Lawyer one bit!).
*get the real tenant to "communicate with you" in writing that the has vacated the residence. You can send him a chat message asking if he is still interested in the house but you must phrase it in a way that will make him to say NO.
For example, tell him their are some charges that he needs to pay (Security charge, Maintenance charges, e.t.c that amounts to #100K), and you want to know if he should be billed, on the assumption that he is still holding unto the place!
grin grin

I am sure he will quickly tell you that he is no longer responsible for the place!
undecided grin

Armed with that "exchange of communication", you can just reply him that since he has vacated the place, you will no longer demand such money from him nor establish further communication with him and just wish him well in his new abode.

Now, go back to the "Squatter" and let him know that he is TRESPASSING on your property.
Dont even say he is squatting at all.

Give him two days to disappear (ofc, he wont).
Report a case of "Trespassing on private property" to the Police and charge him to court.
In the meantime, you have the right to recover your property as the law does not protect anyone committing an offence.
Double Lock the place and let him go and bring Police (The same Police that you have reported him to, for Trespassing!)

As for the Mediation Center, simply tell them you dont know him and that you have reported him to the Police for trespassing on your property.
Since he is the one that would be claiming he is your Tenant, the onus is on him to provide evidence of a tenancy contract between YOu and HIM
.

Now, (if you want to be nice...l am not) he can be advised to leave the place, with a "written undertaking" in place, in a week or two weeks time (Its not your business if he sleeps under the bridge, he is obviously a trouble maker and such people dont deserve any pity).
Dont agree to more than two weeks, be firm on this because after that length of time, you are going to "dash him" some "Squatter Rights" which you dont want to.

On the contrary, he might prove stubborn:
Charge his Trespass case to court .. while he will charge you to court for violating his "tenancy rights", as a Landlord!
Your Lawyer will insist, at the Mediation Centre, that there is an ongoing "Criminal case" on the matter and as such, it super-ceeds a "Civil case" of Tenancy.
A Criminal case must finish before the civil part/matter can be heard! grin grin

So, he gets docked for trespassing..... and You win that case because you did not rent the place to him nor did you have any rent Contract with him.

His defence will be that "he sublet the place" from the previous Tenant.
You will debunk that by saying the previous tenant has vacated the place and you dont know who he is andneither are you a party to subletting, which is unlawful and illegal.
(That "written communication" you established with the bonafide tenant, is your proof)

Apart from the fact that subletting is illegal, you actually dont know him. Finito.
He could be fined or jailed for Trespassing. I dont give a f*ck!

The Civil case will die a natural death, using the same arguments above (ofc, he wont even show face again.)

You see why l said l dont trust that your Lawyer?
he should have laid all these down on the table for you.

Now, can l have my "pay" for this brief, please? l wrote it at 3am! grin grin





Finito

1 Like

Re: Sublet/squatting Tenants Is Refusing To Move. by delishpot: 7:47am On Mar 27, 2017
TinaAnita:



So you could actually advice someone to get a police and drag your fellow human out of the house? That really says a lot about. How pathetic.

Dear considerate aunty, please send them your house address and phone number so they can direct the man to relocate to your house.

12 Likes

Re: Sublet/squatting Tenants Is Refusing To Move. by Nobody: 7:47am On Mar 27, 2017
bebe2:
Good day all,

Pls I need to advice from experienced house owners or legal minds .

We just purchased a property that has 4flats, three of the tenants moved out leaving one who has refused to move.

On further investigation we realised he wasn't the original tenant, he was squatting with the original tenant who moved out of the country .

We have explained to him but has refused saying he want to renew the tenancy and be paying rent.

He has gone to get a letter from lagos state mediation centre . Which has forced us to get lawyer to start legal proceedings.

Considering he is subletting, and was not the original tenant should we going thru the court?

Bottom line is how do we get this tenant out?



You may find your answer in my earlier post..

www.nairaland.com/3702963/recovery-premises-landlord-tenant-relationship
Re: Sublet/squatting Tenants Is Refusing To Move. by system21: 7:48am On Mar 27, 2017
jumpandpas:


Were they properly informed that the house will be sold or have been put for sale or you just bought the house and told them to leave?.
Nice question.
Op becareful don't allow people to deceive you
Re: Sublet/squatting Tenants Is Refusing To Move. by titiakins: 7:48am On Mar 27, 2017
Daboomb:
Tenants have right, so do House owners.
If you are not a bonafide tenant, you cant enjoy the "rights" of a tenant, under the law.

So, the crux of the matter is for you to establish that he is NOT a Tenant in that premises but rather he is Trespassing on your property.


*get the original tenancy agreement of the tenant he is squatting with, from the Lawyer (I dont trust that your Lawyer one bit!).
*get the real tenant to "communicate with you" in writing that the has vacated the residence. You can send him a chat message asking if he is still interested in the house but you must phrase it in a way that will make him to say NO.
For example, tell him their are some charges that he needs to pay (Security charge, Maintenance charges, e.t.c that amounts to #100K), and you want to know if he should be billed, on the assumption that he is still holding unto the place!
grin grin

I am sure he will quickly tell you that he is no longer responsible for the place!
undecided grin

Armed with that "exchange of communication", you can just reply him that since he has vacated the place, you will no longer demand such money from him nor establish further communication with him and just wish him well in his new abode.

Now, go back to the "Squatter" and let him know that he is TRESPASSING on your property.
Dont even say he is squatting at all.

Give him two days to disappear (ofc, he wont).
Report a case of "Trespassing on private property" to the Police and charge him to court.
In the meantime, you have the right to recover your property as the law does not protect anyone committing an offence.
Double Lock the place and let him go and bring Police (The same Police that you have reported him to, for Trespassing!)

As for the Mediation Center, simply tell them you dont know him and that you have reported him to the Police for trespassing on your property.
Since he is the one that would be claiming he is your Tenant, the onus is on him to provide evidence of a tenancy contract between YOu and HIM
.

Now, (if you want to be nice...l am not) he can be advised to leave the place, with a "written undertaking" in place, in a week or two weeks time (Its not your business if he sleeps under the bridge, he is obviously a trouble maker and such people dont deserve any pity).
Dont agree to more than two weeks, be firm on this because after that length of time, you are going to "dash him" some "Squatter Rights" which you dont want to.

On the contrary, he might prove stubborn:
Charge his Trespass case to court .. while he will charge you to court for violating his "tenancy rights", as a Landlord!
Your Lawyer will insist, at the Mediation Centre, that there is an ongoing "Criminal case" on the matter and as such, it super-ceeds a "Civil case" of Tenancy.
A Criminal case must finish before the civil part/matter can be heard! grin grin

So, he gets docked for trespassing..... and You win that case because you did not rent the place to him nor did you have any rent Contract with him.

His defence will be that "he sublet the place" from the previous Tenant.
You will debunk that by saying the previous tenant has vacated the place and you dont know who he is andneither are you a party to subletting, which is unlawful and illegal.
(That "written communication" you established with the bonafide tenant, is your proof)

Apart from the fact that subletting is illegal, you actually dont know him. Finito.
He could be fined or jailed for Trespassing. I dont give a f*ck!

The Civil case will die a natural death, using the same arguments above (ofc, he wont even show face again.)

You see why l said l dont trust that your Lawyer?
he should have laid all these down on the table for you.

Now, can l have my "pay" for this brief, please? l wrote it at 3am! grin grin
Genius...

God bless you jare

1 Like

Re: Sublet/squatting Tenants Is Refusing To Move. by TinaAnita(f): 7:48am On Mar 27, 2017
Badgers14:


Op stated they tried to reason with the guy and he blatantly refused to move.

Recall OP just bought the property and want to renovate it.. To make the abode better!!!

Now, Mrs. Holier than thou if op did not renovate the house, the same you would be chastising the landlord/landlady for not fixing up their property.

Finally Mrs holier than thou, religious person more pious than Virgin Mary. Why would you support another man to be an obstacle to someone's progress

To be honest, op is following this scenario sofri sofri and i am beginning to think he/she doesn't live in Nigeria or have lived abroad before.

This guy clearly is not even a tenant. He should be the one beginning op and to temper justice with mercy, give him so so time to get his self together. Rather he is being stubborn.

I wish i could directly take up this case, this is clearly criminal possession of one's property.. It is a criminal case that if the guy don't be careful he would go to jail.

Lesson to be learned here.. If you are sharing a flat please make sure your name is on the lease/ Tenancy agreement.


Has he not been renewing his rent before the property was sold off? Oya go drag him out of his apartment and see if you won't rot in jail. I don't have much to say to you but one thing I know is the fact that you aren't sensitive to the sufferings, plights and misfortunes of others.
Re: Sublet/squatting Tenants Is Refusing To Move. by FrenchyL(m): 7:51am On Mar 27, 2017
Just beg him. grin grin
Re: Sublet/squatting Tenants Is Refusing To Move. by CarlosTheJackal: 7:53am On Mar 27, 2017
Bisjosh:
Op you even get time.

I had to force my own tenant out. He destroyed windows and the doors. I no care as long as his silly ass is out.

Yours is not the real tenant so no case. No one should bring sentiments nor emotions into this. Instead of him to plead with you he has the effontry to say rubbish.

Get police, show them the tenancy agreeement (him name no dey there) and they will throw him out.

I know their tribe .
They always feel entitled. ..smh

It's a Monday morning, try to use your brain for once
Re: Sublet/squatting Tenants Is Refusing To Move. by Badgers14: 7:55am On Mar 27, 2017
TinaAnita:



Has he not been renewing his rent before the property was sold off? Oya go drag him out of his apartment and see if you won't rot in jail. I don't have much to say to you but one thing I know is the fact that you aren't sensitive to the sufferings, plights and misfortunes of others.

You are just applying double standard here Madam.

The tenant already rushed to mediation center to get a pieces of paper which is rubbish.

From a legal perspective, the so called tenants abiet the squatter doesn't even have any right whatsoever.

This is business madam and not charity. I still repeat, the tenant should be asking the landlord to give him time to move and not forming strong head as if he was right. If the original tenant was doing these...uhmmmm.. That's slightly different but the regular tenants have moved except a squatter shocked

When you want to reason someone's plight, do you know how much the landlord is losing per month because of all those vacant flats

Lets be reasonable, don't apply double standard here.. angry

6 Likes

Re: Sublet/squatting Tenants Is Refusing To Move. by babyfaceafrica: 7:56am On Mar 27, 2017
TinaAnita:



Has he not been renewing his rent before the property was sold off? Oya go drag him out of his apartment and see if you won't rot in jail. I don't have much to say to you but one thing I know is the fact that you aren't sensitive to the sufferings, plights and misfortunes of others.
madam the sub letter has to plead his case...not use trouble...he is not the original renter..... I think OP is even been soft with him...if he tries it with someone else..that money wet no dey..he go spend am for court..all this tenants giving headache since 1890BC

3 Likes

Re: Sublet/squatting Tenants Is Refusing To Move. by babyfaceafrica: 7:57am On Mar 27, 2017
Badgers14:


You are just applying double standard here Madam.

The tenant already rushed to mediation center to get a pieces of paper which is rubbish.

From a legal perspective, the so called tenants abiet the squatter doesn't even have any right whatsoever.

This is business madam and not charity. I still repeat, the tenant should be asking the landlord to give him time to move and not forming strong head as if he was right. If the original tenant was doing these...uhmmmm.. That's slightly different but the regular tenants have moved except a squatter shocked

When you want to reason someone's plight, do you know how much the landlord is losing per month because of all those vacant flats

Lets be reasonable, don't apply double standard here.. angry
no mind her..she is just been sentimental..we know their type..OP is even taking the case softly..I know people who will get him out of the house with one week

1 Like

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