| Re: Sublet/squatting Tenants Is Refusing To Move. by slysteel: 9:18am On Mar 27, 2017 |
Badgers14:
Don't even mention he is subletting in your court document. Tell the judge you don't know who he is. The original tenant have moved out..
Do you have the copy of the tenancy agreement of the original tenant? You can only do this if you were his original landlord and have a copy of the agreement and the previous landlord at no time accepted rent from him,he bought a house and all he needs to do us give all the occupants a time frame to leave his property and failing to do so,he should go secure their eviction from court if he doesn't want to retain him. |
| Re: Sublet/squatting Tenants Is Refusing To Move. by delishpot: 9:22am On Mar 27, 2017 |
jumpandpas:
One thing about humans is that we write or say things to win any argument but in practicality, we do otherwise. I don't get it! So someone is a squatter doesn't pay rent or anything yet will not move out and I don't have a right to ask him to leave even if he decides to start paying rent? So I can't chose whom to accept rent from again? I am not saying he should kick him out by force now, but the tenant can't insist he can not afford to raise money for rent if he moves hence he wants to remain where he will live for free. Unless he has been officially paying rent. Even at that, land lord is not compelled to renew an existing tenants rent. 3 Likes |
| Re: Sublet/squatting Tenants Is Refusing To Move. by o42austino(m): 9:32am On Mar 27, 2017 |
Their is no known law that covers the illegal tenant, since you can prove that the original occupant of the flat is no longer leaving in the said house, just invite police as a witness and force the guy out, he has no case and his name is not known in the legal documents bidding both landlord and tenant known as tenacity agreement...
THIS IS NO CASE |
|
| Re: Sublet/squatting Tenants Is Refusing To Move. by Nobody: 9:53am On Mar 27, 2017 |
He's actually trespassing. |
| Re: Sublet/squatting Tenants Is Refusing To Move. by fweaky(m): 9:55am 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! 
I am sure he will quickly tell you that he is no longer responsible for the place! 
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!
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!
succinctly said!! 1 Like |
| Re: Sublet/squatting Tenants Is Refusing To Move. by graphiti: 10:00am On Mar 27, 2017 |
Badgers14:
Don't even mention he is subletting in your court document. Tell the judge you don't know who he is. The original tenant have moved out..
Do you have the copy of the tenancy agreement of the original tenant? @bebe2 This gye has said everything o! Don't make d mistake of tagging him a #squatter! Since he has no legal agreement with u, d case is D.O.A! 2 Likes |
| Re: Sublet/squatting Tenants Is Refusing To Move. by graphiti: 10:07am On Mar 27, 2017 |
Dreamwaker:
Remove the windows and roof and act like you are renovating. That's the best trick landlords over here use. Lolz. Seems u don't know some homosapiens. By doing so, u've just naively turned a 'no case' on its head. Don't be surprised if he says his 5million naira cash got missing in d process. That's when u know u've entered 1 chance; I know their type, they look 4 any lacuna to prolong their stay on ur property. #Dont gaulk it! NB Moreover, @ bebe2, don't place 2 much trust on d lawyer except u already have a long standing relationship. He night purposely want d case prolonged..... .and dt means more money 4 him. On d other hand ,he may want 2 eat his cake and have it by cutting a deal with the desperate "squatter". 2 Likes |
| Re: Sublet/squatting Tenants Is Refusing To Move. by blueheart(m): 10:10am 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!
I am sure he will quickly tell you that he is no longer responsible for the place!
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!
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!
Saving for future reference. Brilliant |
| Re: Sublet/squatting Tenants Is Refusing To Move. by graphiti: 10:26am 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!
I am sure he will quickly tell you that he is no longer responsible for the place!
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!
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!
#E.O.D #Finito #case~dismissed! 1 Like 
|
| Re: Sublet/squatting Tenants Is Refusing To Move. by graphiti: 10:44am 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
CarlosTheJackal:
It's a Monday morning, try to use your brain for once Errrrm.... Dear broda jak, Sofri, sofri nah! Somborri tork say "dem don't tif my soup o" You reply with "who wan chop soup wey nor get salt" Hian! 1 Like 
|
| Re: Sublet/squatting Tenants Is Refusing To Move. by CEOconcord(m): 10:59am 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!
I am sure he will quickly tell you that he is no longer responsible for the place!
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!
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!
Hello Please! Are you a Lawyer? Your arguments and suggestions are very convincing and seems to be just the proper solution to this issue. Quoting this for future reference. You made my day sir/ma 2 Likes |
| Re: Sublet/squatting Tenants Is Refusing To Move. by graphiti: 11:01am On Mar 27, 2017 |
delishpot:
I don't get it! So someone is a squatter doesn't pay rent or anything yet will not move out and I don't have a right to ask him to leave even if he decides to start paying rent? So I can't chose whom to accept rent from again?
I am not saying he should kick him out by force now, but the tenant can't insist he can not afford to raise money for rent if he moves hence he wants to remain where he will live for free. Unless he has been officially paying rent. Even at that, land lord is not compelled to renew an existing tenants rent. Pls, don't get "hot". Birds of d same feather think alikeHe's simply telling u dt were he to be in d trespasser's shoes, he would've done exactly d same thing....... if not worse! Smh 4 Likes |
| Re: Sublet/squatting Tenants Is Refusing To Move. by alizma: 11:37am On Mar 27, 2017 |
babyfaceafrica:
he should give him six month without pay?..lolz!!! I can bet you that he will spend more than that to get him out of the building through the court and would have would end up sowing a seed he will not want to eat of its fruit in the future. |
| Re: Sublet/squatting Tenants Is Refusing To Move. by BBBlaze: 12:07pm On Mar 27, 2017 |
my broda dont worry, he will move by himself, jst follow dis; 1 buy a crate of eggs 2 buy some live chicks(small chickens) 3 get a red and black cloth 4 at midnite wen u r sure he is asleep, break a egg, tie one chick wit little black n red piece of cloth at its legs, then strangle d chick, spreading its blood at d front of his doorpost 5 make sure u do all dis at his door mouth or post; ensuring he sees dem every morning 6 do dis for 7days, if he doesnt pack out, then go to court  |
| Re: Sublet/squatting Tenants Is Refusing To Move. by iguita: 12:20pm On Mar 27, 2017 |
I was in the same situation two years ago and what I did was to pay all the tenants one year rent each. My case was pretty funny, the owner of the house was not the Ibe collecting not the rent, it was his girl friend who was collecting the rent. And when the tenants knew that he was going to sell the house, they stopped paying. Thankfully, I had a building engineer to guide me. I simply gave them all one year rent and gave them two weeks to move out else I will remove the roof. They all moved out. So while you are on your right, to avoid trouble and to save you time, support the guy with whatever you can but do not allow him stay, that guy na future trouble 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?  . That he has a wife and 2 young children children and. Any afford to move.
The guy is crazy ooo
|
| Re: Sublet/squatting Tenants Is Refusing To Move. by schumastic(m): 12:26pm 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!
I am sure he will quickly tell you that he is no longer responsible for the place!
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!
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!
nice |
| Re: Sublet/squatting Tenants Is Refusing To Move. by dennisworld1(m): 12:33pm 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!
I am sure he will quickly tell you that he is no longer responsible for the place!
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!
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!
nice one boss. What about those stubborn oversabi tenant that wants to help rebuilt your house and change the house plan for u of which you didn't send them and wen them wants to pack in they refuses to pay landlord fee which is optional. How do we do with such sturborn type if he disobeyed the order |
| Re: Sublet/squatting Tenants Is Refusing To Move. by iykmon: 1:09pm On Mar 27, 2017 |
Omo just remove the roof of the house......the person go leave
quote author=bebe2 post=54897907]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?
[/quote] |
| Re: Sublet/squatting Tenants Is Refusing To Move. by Daboomb: 1:42pm On Mar 27, 2017 |
WeNoGoDie:
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. Chai! Did l hear you call me "honourable"? Dont let Saraki and Dnino people hear that you call somebody who is not one of theirs "Honourable".
I an NOT Ooooo.......... l was just joking when l asked to be paid for "my brief", as in l was just helping another House-Owner, having been a Tenant before and now a Landlord for many years.
Okay, if you want to spill the beans here so we can all discuss it, l will still try to give my best "advice", as l would do if the issues were my personal issue.
if you dont want to discuss it openly here, just send me a PM and we can discuss it by Email. (I think others might also benefit, if we discuss thing so openly but then, it is within your rights too, to exercise your right to privacy)
Phone call on/with Nairaland is a 'No-No' for me, please. (Privacy et al.......... my apologies for that). |
| Re: Sublet/squatting Tenants Is Refusing To Move. by Nobody: 2:08pm 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!
I am sure he will quickly tell you that he is no longer responsible for the place!
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!
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!
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| Re: Sublet/squatting Tenants Is Refusing To Move. by pirees: 2:21pm On Mar 27, 2017 |
Op,I am an experienced house agent just tell me the tribe of this squatter and I will tell you the best way to solve this issue |
| Re: Sublet/squatting Tenants Is Refusing To Move. by bebe2(f): 2:28pm On Mar 27, 2017 |
iguita:
I was in the same situation two years ago and what I did was to pay all the tenants one year rent each. My case was pretty funny, the owner of the house was not the Ibe collecting not the rent, it was his girl friend who was collecting the rent. And when the tenants knew that he was going to sell the house, they stopped paying. Thankfully, I had a building engineer to guide me. I simply gave them all one year rent and gave them two weeks to move out else I will remove the roof. They all moved out. So while you are on your right, to avoid trouble and to save you time, support the guy with whatever you can but do not allow him stay, that guy na future trouble
Pls tell me it's a joke, one year rent Of how much? To how many tenants ? 1 Like |
| Re: Sublet/squatting Tenants Is Refusing To Move. by Daboomb: 2:36pm On Mar 27, 2017 |
dennisworld1:
nice one boss. What about those stubborn oversabi tenant that wants to help rebuilt your house and change the house plan for u of which you didn't send them and wen them wants to pack in they refuses to pay landlord fee which is optional. How do we do with such sturborn type if he disobeyed the order My Oga-at-the-Top, To be honest with you, Landlords have the upper hand 'only' when engaging a Tenant, at that point when they are just interested in renting your property, that is when you have the "Ace" in the `relationship and you must not waste that 'Ace'.
My advice to all House owners:1.) Is to "tighten your Rent Contract" with any Tenant properly, let the contract be properly executed, and even Stamp-dutied so that it can have the force of Law (It may cost you some change but hey, it will save you a big Headache in future). The 'Stamp' part has to do with "Agreements reached privately", which may not be expressly stated in the Lagos State tenancy Law 2011 (amended... if you are in Lagos!). This will make the agreement enforceable in court, as long as it is not un-enforceable ab initio, by the same Law. 2.) Put all the "Clauses" that would make eviction easier for you, when the time comes, inside the Contract. Dont ever give out your Key, unless the Agreement is properly signed. Beware of impostors, who use fake I.D's, Fake Husband, Fake wife, Fake work place, e.t.c to secure an accommodation. Interview `your Tenants personally, there are 'signs' you will notice at first sight, if you are the "sharp" type. I personally dont like lose & flippant people. 3.) Draw the attention of the Tenant to those Clauses, within the Contract and let them sign that "I have read the above (or it has been explained to me in a Language l understand) and that l "willingly and unreservedly agree to be bound" by these clauses, being an express agreement between me and the House owner" without any pressure whatsoever, from any event or the House owner. This will ensure they dont turn around to say that "it was forced on me or l dont have a choice but to agree".4.) State all applicable "surcharges" associated with the rent, in the Agreement Contract and let them sign such again, within the contract. Dont be greedy, treat your Tenants fairly, when it comes to issue of money. Dont try to heap all your financial responsibility on them, just let them pay for only what they use and is "just".5.) Let the Contract stipulate explicitly, CONDITIONS that will VOID the Rent Agreement e.g, altering the plan of the house . "Voiding" the Rent agreement means they are no longer a Renting Tenant and must submit the Keys to the house or the reasons for voiding of the Contract becomes a reason, acceptable in court, for terminating their Rent at any point in the Rent Agreement e,g, mid-term of the yearly rent. I always say "Tenant and House Owner" are like a Cat and Mouse, their "friendship" canonly go as far as they have a mutual point of interest, which is very rare! Finally, let me also state that the Tenancy Law does not state anywhere, that a tenant must be given "free usage/ Rent -free occupation" of the house, during the Ejection Notice period. (If anyone thinks otherwise, could they be kind enough to point it out to me, please). If for example, l give you a 3-month Notice for repossession of the occupied flat, it does not mena you will spend that 3 months "without paying rent" ......... A lot of Tenants equate "Notice period " to "Rent free period"! That is very wrong and misleading........ though, a lot of House owners just overlook it because they are desperate to get the Tenant out and if such action will facilitate it, they dont mind. Running away with "owed Rent" itself is an offence under the Tenancy Law.The Landlord, if aware that you are "surreptitiously" packing out (A Tenant is required to inform the Landlord in writing, of their intention to pack out of the Rented place, also giving a "Notice Period") and have outstanding Rent, the Landlord has the Right to prevent the commission of a crime (running away with rent) by either bringing-in the Police to arrest you immediately during the process or to detain you from executing the action (a crime), inform the Police and execute a 'sort of' citizen arrest, pending when the Police arrive. The Tenants property/chattels may be impounded pending when the matter is charged to court or he pays outstanding Rent. But trusts me, most "Tenants from Hell" will monitor the Landlord properly and sneak out when they know he is not around!. If any Tenant alters your building without permission, the "legal route" to take is to charge him for "criminal damage to property" in court (A a Civil suit may follow, for restitution, if he is found criminally guilty of the damage)
It is time and resource consuming.
But you can take pictures of the alteration, report the matter to the Police and use the "advantage" to "Repair your house" (under which circumstances, you might need to remove the Roof and Windows...... if you get my drift ) but you need to be smart about this so you dont find yourself on the wrong side of the law. My advice to Tenants:1.) Make paying your Rent, your number one priority in Life...... even if you dont eat, pay your Rent!Strange as it may sound, a lot of "bad things" happen (will happen) to you if you become homeless. Aside the disruption of your family-life (if you have a family), you will become depressed, you will lose friends, you become an object of ridicule, your property will become scattered and lost in the process, people will start seeing you as irresponsible, e.t.c. The list is endless. 2.) Rent a House you can afford! Dont rent a three bed because you just won NairaBet..... you cant be winning NairaBet every year when your rent falls due! 3.) Let your Rent reflect your power of earning/steady income. Dont Rent a 3-bed when your salary can only accommodate a self-contain. Dont try to impress anyone by forming "Big Man". The only Big Men l know are those who own their own house! 4.) If your income dips (recession, salary cut, loss of job, e.t.c), scale down your accommodation. Talk to your Landlord if you are sure it is temporary and short duration (3months at most) but just look for a smaller house instead of struggling to pay the huge rent of the big house. when things improve, you can also upscale your accommodation This is why most Home owners dont like to Rent to "Traders/self employed" because their income is unpredictable and suffers variation from time to time. When it is 'down', they cant afford to pay rent ........but when it is "Up", that is when they remember to throw a party or buy a new car.... instead of making provisions for say, consecutive two year rent! 5.) Most importantly, Buy a Land and try to build your own "small house' on it.Even if its just a room and parlour, build it on the land (to secure it and to ensure that if "emergency" arrives, you wont be thrown on the street!) Dont wait until you can afford to build a Duplex, before you start building your own home. Dont be greedy!
Small-small..... the Snail too gets to its own destination, just like the swift Cheetah.
I hate Landlords (I am one)..... so l build my own House!
I dont "fight them" to prove l hate them..... l just join them. 3 Likes 2 Shares |
| Re: Sublet/squatting Tenants Is Refusing To Move. by Daboomb: 2:45pm On Mar 27, 2017 |
BBBlaze:
my broda dont worry, he will move by himself, jst follow dis;
1 buy a crate of eggs
2 buy some live chicks(small chickens)
3 get a red and black cloth
4 at midnite wen u r sure he is asleep, break a egg, tie one chick wit little black n red piece of cloth at its legs, then strangle d chick, spreading its blood at d front of his doorpost
5 make sure u do all dis at his door mouth or post; ensuring he sees dem every morning
6 do dis for 7days, if he doesnt pack out, then go to court Hmmm.... dont start what you cant finish o!There are "real ones" that will actually cripple the Tenant in all spheres of life (a gift from from Baba Agba in the village, when he came visiting) but we are now "Liberal" and dont subscribe to Satan anymore so, we dont go that route nor encourage anyone to go that route again.
It works both ways, you know?
The Legal route is enough to tackle any erring Tenant, if you know what you are doing
But hey, its real and effective back then. |
| Re: Sublet/squatting Tenants Is Refusing To Move. by Daboomb: 2:52pm On Mar 27, 2017 |
CEOconcord:
Hello Please! Are you a Lawyer? Your arguments and suggestions are very convincing and seems to be just the proper solution to this issue. Quoting this for future reference. You made my day sir/ma Dont mind me jare, l usually have these "brain waves" anytime l wake up at middle of the night and Madam does not want to "play ball"! i just write! Why do we always think it is only Lawyers that are smart or know what is right sef? You too can pick up that Tenancy Law 2011, read it, analyse it and then interpret it in a fair manner, to yourself.Infact, one my Tutors always tell us in class: Anyone can be a Lawyer but only naturally intelligent people (smart people) make good Lawyers! Thanks for the compliment, you made my week too! But it is a "simple case" so dont give me too much credit. 1 Like |
| Re: Sublet/squatting Tenants Is Refusing To Move. by Daboomb: 3:06pm On Mar 27, 2017 |
alpontif:
I want to put you on retainership. kindly let me know how to go about it. Let us just be online friends and we can offer each other advice.........FREELY without any cost or attachment! 
If you (or anyone here) have any issue, l can "respond" to the best of my ability, it doe snot stop you from paying your Lawyer and comparing notes. Is this how easy it is to get retainership? Chai! Dearsi God o! |
| Re: Sublet/squatting Tenants Is Refusing To Move. by Daboomb: 3:09pm On Mar 27, 2017 |
1 Like |
| Re: Sublet/squatting Tenants Is Refusing To Move. by Daboomb: 3:14pm On Mar 27, 2017 |
JhyMedex:
I suppose u read Law at at a reputable School... Am feeling Proud on ur behalf.. Dont mind me, "jack of all trade"!read too many things in my short life! But everyone should read law .....or at least take elective courses in law!
Its just opens your mind to critical thinking.I am feeling proud about you too joor! BTW...... UNILAG (not MAULAG!  )is a prestigious school, even more, in those days! 1 Like |
| Re: Sublet/squatting Tenants Is Refusing To Move. by Daboomb: 3:24pm On Mar 27, 2017 |
Innovictor:
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.
To YOU and everyone who think this was worth the effort, l salute you all.
You guys are beginning to make me feel "cool" sef! 1 Like 1 Share 
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| Re: Sublet/squatting Tenants Is Refusing To Move. by ciouxox(m): 4:00pm 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!
I am sure he will quickly tell you that he is no longer responsible for the place!
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: solid!
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!
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!
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| Re: Sublet/squatting Tenants Is Refusing To Move. by engrobidigbo: 4:23pm 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!
I am sure he will quickly tell you that he is no longer responsible for the place!
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!
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!
words of wisdom  1 Like |
