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My Tenant Refused To Park Out After His Rent Expired - Properties (7) - Nairaland

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Re: My Tenant Refused To Park Out After His Rent Expired by teemy(m): 5:58pm On Dec 16, 2017
mannatech:

In the case of a yearly tenant who was issued Notice to Quit after expiration of his rent, is he required by law to pay rent for the 6months duration
Yes.

The sis months is just a allowance to let the tenant find a house that attunes to his schedule of work, convenience and other factors that made him select that house in the first place. That duration enables a PAYING tenant have a smooth transition. An owing tenant loses that right and becomes what is known as a Tenant-At-Will.

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Re: My Tenant Refused To Park Out After His Rent Expired by butanep(m): 6:35pm On Dec 16, 2017
macanu:
My brother I have same problem with my tenant,his rent expire since oct 22 I hv given him 6months quit notice since june,he begged me that he will renew d rent,after I have served him d notice now last month he called me and said he has 50k dat month ending of nov he will balance d remaining out of pity I collected I hv already served ouit notice o,now he is making problems telling me dat he has paid for 3months(50k) and he will not park it d 3months expires. tenants sha,what do I do
so you expect him to pack when his house rent is still counting. you get sense Abi. you have no right to give someone quit notice when his rent is still active. some landlord are just heartless like you
Re: My Tenant Refused To Park Out After His Rent Expired by Lajet: 6:43pm On Dec 16, 2017
Daboomb:




Sorry to burst your bubble, he is damn WRONG! undecided undecided

ONLY Until a yearly tenants owe six months rent, that is the only time you can give them a 7days Notice, because they have become a "Tenant at will".

I have read a lot of MISCONCEPTION on this thread, l just hope l will have the time to respond to some of them.


BTW: after not paying rent for six months, You go to Court and get a Form TL2 and serve a 7days Quit Notice.

After the expiry of that 7days Quit Notice and the tenant still refuse to leave, You then GO BACK TO COURT and serve ANOTHER 7days "Notice to Recover Property" (Making 14days now! grin ).

After that, you still go back to court and ask them to give you a baliff who will jack the tenants stuff and that stuffs will be AUCTIONED" to recover all Arreas of Rent (Six Months + 14 days).

That is the process for removing a "Statutory tenant" (one whose case has been reported to the Courts).

You are wrong since the tenant rent have expired the landlord have right to serve the tenant 7 days Quit notice. The OP said that the tenant have said that he will not pay for the house rent showing that he want trouble are you saying that the landlord should fold his hands and wait for 6 months before talking action against the miscreant even when the miscreant rent have expired since August
Re: My Tenant Refused To Park Out After His Rent Expired by goldedprince: 7:02pm On Dec 16, 2017
Just invite some homo come rape am ni
Re: My Tenant Refused To Park Out After His Rent Expired by enemyofprogress: 7:33pm On Dec 16, 2017
teemy:


You still pay for the six months and it is not as if it is free housing dear and once you owe, you become a Tenant-At-Will and based on the state's laws you can be ejected in seven days or one month + seven days. grin
ojoro law

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Re: My Tenant Refused To Park Out After His Rent Expired by obstead200(m): 7:34pm On Dec 16, 2017
ebujany:




Oga landlord. Paying rent a day after rent has expired? Have u ever been a tenant in someone's house before? Is that how u use to pay? Even in this present economic situation?


As for your tenant, hes obviously a trouble maker and a landlord like u that will ask his tenant to renew His rent a day after his rent has etxpired deserves some one like that
I am not a lawyer. But equity is one of the foundation of contract law.
As far as I know, failure to pay rent as at when due even if it became due 2 hours ago, is enough grounds for immediate eviction after due notice (21 days and then another 7 days)

Nothing like 6 months notice for someone whose only grounds for eviction is failure to pay rent.
As long as everything is documented sha
Re: My Tenant Refused To Park Out After His Rent Expired by obstead200(m): 7:41pm On Dec 16, 2017
Daboomb:




Sorry to burst your bubble, he is damn WRONG! undecided undecided

ONLY Until a yearly tenants owe six months rent, that is the only time you can give them a 7days Notice, because they have become a "Tenant at will".

I have read a lot of MISCONCEPTION on this thread, l just hope l will have the time to respond to some of them.


BTW: after not paying rent for six months, You go to Court and get a Form TL2 and serve a 7days Quit Notice.

After the expiry of that 7days Quit Notice and the tenant still refuse to leave, You then GO BACK TO COURT and serve ANOTHER 7days "Notice to Recover Property" (Making 14days now! grin ).

After that, you still go back to court and ask them to give you a baliff who will jack the tenants stuff and that stuffs will be AUCTIONED" to recover all Arreas of Rent (Six Months + 14 days).

That is the process for removing a "Statutory tenant" (one whose case has been reported to the Courts).
Oga, even if u are a lawyer, u are still a damn liar!!!.
6 months notice do not apply to debtors.
If it does, pple will be moving house every year and enjoying months free.
In law, if that happens equity is dead.
Remember, equity is the foundation of contract law.
Re: My Tenant Refused To Park Out After His Rent Expired by basadenet: 8:04pm On Dec 16, 2017
follow the court process to the latter and will surely leave within few months. and if he decides to pay you later, please do not accept it.
Re: My Tenant Refused To Park Out After His Rent Expired by Lajet: 8:18pm On Dec 16, 2017
obstead200:
Oga, even if u are a lawyer, u are still a damn liar!!!.
6 months notice do not apply to debtors.
If it does, pple will be moving house every year and enjoying months free.
In law, if that happens equity is dead.
Remember, equity is the foundation of contract law.

Don't mind him not only 6 months na 60 years because government gave landlord money to build his house

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Re: My Tenant Refused To Park Out After His Rent Expired by Daboomb: 8:27pm On Dec 16, 2017
Seankay323:
good contributions oga, I have lil issue with my landlord o, I have been diligently paying rent for the past 2 years. As at January this year our electricity was disconnected from the main source (another estate due to reasons beyond me and can't be resolved) I paid rent a week b4 the light was disconnected and since then nothing has been done till date , I have paid rent and landlord is still being laid back about sorting the light issue. God knows how much i have spent on fuel this year. Please wot do u suggest, is there a way I can be compensated or just wait till January move out and allow landlord to get away with this( 700k rent) .

From what you worte, you did NOT SAY your Landlord was responsible for disconnecting your Light, intentionally or otherwise.
So, l would say he is not responsible for the Light situation and noting that you said "from main source in another Estate".
best bet in the circumstances is to prepare to just get another suitable house and let them sort out their light issue

1 Like

Re: My Tenant Refused To Park Out After His Rent Expired by Daboomb: 8:29pm On Dec 16, 2017
mannatech:

In the case of a yearly tenant who was issued Notice to Quit after expiration of his rent, is he required by law to pay rent for the 6months duration

Very true!
The landlord will still sue for "Miens", to recover the outstanding Rent, if the tenant refuses to pay.
His properties can be auctioned to cover such cost, by the court.

1 Like

Re: My Tenant Refused To Park Out After His Rent Expired by Daboomb: 8:31pm On Dec 16, 2017
femoree2:


Go to citizen mediation centre and tender your case they will invite him and help resolve your issues. You will have to forfeit 1-3 months to give the tenant time to organize money to get another apartment then vacate your property, if he doesn't they will take it up with the tenant. It's easier than going to court cos if you go to court it's going to take longer to get him out of the house cos he can appeal.

False advice!
There are certain issues you need to deal with, straight away.
Its not about being easy, it is about getting the result you want.
Re: My Tenant Refused To Park Out After His Rent Expired by Daboomb: 8:34pm On Dec 16, 2017
vetinosae:
You are good man and most commend you. However note that the tenant must be evicted via a due process. from your account stated, that quit notice is defective and invalid. you ought to have informed him 6 months to the expiration of his rent that you won't renew it as the expiration of his rent. you didn't do this. so on what grounds do you think you can evict him. I will suggest you meet with him and ask him to pay you another year rent counting from August. By 2nd of February 2018, formally write him your intention of not renewal when his rent expires by August 1st 2017. when the time comes in August after the expiration if Jesus has not come, we can also be of advise to you. you can meet your lawyer for advice.

There is NOTHING defective in the Quit Notice...... as long as it is not served EARLIER THAN the Six months for which the Tenant's rent is still covered and it is for the stipulated length of time (6 months).
Re: My Tenant Refused To Park Out After His Rent Expired by Daboomb: 8:37pm On Dec 16, 2017
barristerbiodun:




As a lawyer, I believe my legal advice should suffice...since your tenant's rent had expired since August...all you need is 7 Days Owners intention to Recover Possession....this will be drafted by lawyer...after the expiration of 7 days from when the notice has been served...landlord will now proceed to court to get a lawful eviction, anything apart from this way will be unlawful...forceful eviction will make you liable so be careful...your best bet is proceed to court after the expiration of 7 days...pay your lawyer!

Your advice is not taking all the issues into consideration and therefore INVALID.
You must give a valid Quit Notice period (6 months in ths case) first, before you can file an "intention to recover possesion".
We are not talking about a "fixed term" tenure here!
Re: My Tenant Refused To Park Out After His Rent Expired by Daboomb: 8:40pm On Dec 16, 2017
Chukazu:


We saying the same thing.
It doesn't really matter when you serve the notice, what matters to take cognizance of the rent expiration date...the notice can even be back dated to such effect

No Sir!
You cant back-date a Quit Notice.
It becomes invalid.
It has to take effect from the date you serve it
Re: My Tenant Refused To Park Out After His Rent Expired by Daboomb: 8:42pm On Dec 16, 2017
butanep:
so you expect him to pack when his house rent is still counting. you get sense Abi. you have no right to give someone quit notice when his rent is still active. some landlord are just heartless like you

You are completely ignorant of the law!
read it up first before allowing emotions to becloud your reasoning. grin grin
Re: My Tenant Refused To Park Out After His Rent Expired by Daboomb: 8:45pm On Dec 16, 2017
Lajet:


You are wrong since the tenant rent have expired the landlord have right to serve the tenant 7 days Quit notice. The OP said that the tenant have said that he will not pay for the house rent showing that he want trouble are you saying that the landlord should fold his hands and wait for 6 months before talking action against the miscreant even when the miscreant rent have expired since August

Dont just talk....read what the law says first.... and then comment on that.
There are "legal events" that must occur before you can issue 7days Notice, and rent having expired just now, is not one of them.
To issue 7days Notice, the tenant must be in arreas of 6months rent first and thus, becomes a tenant at will.
Re: My Tenant Refused To Park Out After His Rent Expired by Daboomb: 8:46pm On Dec 16, 2017
obstead200:
I am not a lawyer. But equity is one of the foundation of contract law.
As far as I know, failure to pay rent as at when due even if it became due 2 hours ago, is enough grounds for immediate eviction after due notice (21 days and then another 7 days)

Nothing like 6 months notice for someone whose only grounds for eviction is failure to pay rent.
As long as everything is documented sha

There is NOTHING like IMMEDIATE EVICTION in the Tenancy laws of Lagos State.
If you think l am wrong, "please Quote the Section" here .
Re: My Tenant Refused To Park Out After His Rent Expired by Biggers82(m): 8:47pm On Dec 16, 2017
collinsmp:

PH
you can still get in touch with him too he can handle it too
Re: My Tenant Refused To Park Out After His Rent Expired by Daboomb: 8:48pm On Dec 16, 2017
obstead200:
Oga, even if u are a lawyer, u are still a damn liar!!!.
6 months notice do not apply to debtors.
If it does, pple will be moving house every year and enjoying months free.
In law, if that happens equity is dead.
Remember, equity is the foundation of contract law.

You are IGNORANT, Mr. man.
The law does not say you wont pay for the "NOTICE PERIOD", so the basis of your position is 'faulty".
Speak, nased on law and not on what "you think".
Re: My Tenant Refused To Park Out After His Rent Expired by Daboomb: 8:49pm On Dec 16, 2017
Lajet:


Don't mind him not only 6 months na 60 years because government gave landlord money to build his house

Ignorant people everywhere! grin grin

Point out the part of the tenancy law, that supports your opinion.
Re: My Tenant Refused To Park Out After His Rent Expired by Lajet: 8:54pm On Dec 16, 2017
Daboomb:


Dont just talk....read what the law says first.... and then comment on that.
There are "legal events" that must occur before you can issue 7days Notice, and rent having expired just now, is not one of them.
To issue 7days Notice, the tenant must be in arreas of 6months rent first and thus, becomes a tenant at will.

You are wrong their is no such law that said landlord have to wait for 6 months before serving 7 days Quit notice to a tenant their rent have expired. once tenant rent expired the landlord have full right to serve the tenant 7 days Quit notice to the tenant since the tenant is not ready to pay up his rent
Re: My Tenant Refused To Park Out After His Rent Expired by Daboomb: 9:03pm On Dec 16, 2017
Lajet:


You are wrong their is no such law that said landlord have to wait for 6 months before serving 7 days Quit notice to a tenant their rent have expired. once tenant rent expired the landlord have full right to serve the tenant 7 days Quit notice to the tenant since the tenant is not ready to pay up his rent

Oga, read section 13, sub-section 1, of the Tenancy Law of Lagos Sate or do youwant me to quote it here for you?

The exception here is that the tenant MUST HAVE BEEN in ARREARS for one "payment cycle".
Re: My Tenant Refused To Park Out After His Rent Expired by Happyfellow147: 9:22pm On Dec 16, 2017
Ok so can we chat on 06035333958
Biggers82:

Yes nah he can
Re: My Tenant Refused To Park Out After His Rent Expired by Teeboi56: 9:41pm On Dec 16, 2017
Sir can u heed to my advice
Go Call soldier for him/her I swear he we move out shap shap believe me
Re: My Tenant Refused To Park Out After His Rent Expired by rotecch77(m): 9:44pm On Dec 16, 2017

1 Like

Re: My Tenant Refused To Park Out After His Rent Expired by Biggers82(m): 9:52pm On Dec 16, 2017
Happyfellow147:
Ok so can we chat on 06035333958
Sure !
Re: My Tenant Refused To Park Out After His Rent Expired by Happyfellow147: 10:03pm On Dec 16, 2017
I mean 09035333958
Biggers82:

Sure !
Re: My Tenant Refused To Park Out After His Rent Expired by judlice84: 10:03pm On Dec 16, 2017
Don't even follow this advice.
This takes a longer period
Nweike1:
try citizen mediation center, each local government has it's own office. Google and find out the nearest close to you
Re: My Tenant Refused To Park Out After His Rent Expired by Biggers82(m): 10:16pm On Dec 16, 2017
Happyfellow147:
I mean 09035333958
OK because I have tried adding you but not working
Re: My Tenant Refused To Park Out After His Rent Expired by obstead200(m): 10:29pm On Dec 16, 2017
Daboomb:


You are IGNORANT, Mr. man.
The law does not say you wont pay for the "NOTICE PERIOD", so the basis of your position is 'faulty".
Speak, nased on law and not on what "you think".
It is clear u are a lawyer. U Specialize in twisting the law to exploit the un-iformed. So if ur default in rent payment is because u are broke, how then will u pay for the notice period (to the court registrar to hold in escrow)? u mean the law is stupid enough to allow a broke ass nigga stay in a house the landlord suffered to build (probably still on mortgage) for free, just because of 6months notice?
Bro, u are a liar


Provided a tenancy agreement stipulates when ur rent becomes due and stipulates the period ur rent covers, then if u did not pay by the next day after ur rent is due, u are in default and any landlord who knows his onions will throw u out in a heartbeat.
Re: My Tenant Refused To Park Out After His Rent Expired by obstead200(m): 10:32pm On Dec 16, 2017
Daboomb:


Oga, read section 13, sub-section 1, of the Tenancy Law of Lagos Sate or do youwant me to quote it here for you?

The exception here is that the tenant MUST HAVE BEEN in ARREARS for one "payment cycle".
If ur tenancy agreement says ur rent becomes due on 1st January, then my brother, by 2nd January, u are on arrears for one payment circle.
Ur attempt to twist the law is annoying

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