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".

Oga You have not answer my Question the tenant have told the landlord plain that he will not pay any house rent again without any reason. he have stayed for some months already without paying any money. are you saying the landlord should overlook him and wait for complete 6 months before talking action against the man. what if the landlord took loan to build the house then how do you expect him to pay back if every tenants begin to behave that way.

collinsmp:
Hi everyone please i need an advice on what to do . My tenant house rent have expired since August this year he have refused to pay for house rent i told my junior brother to go to court last week and the court served him Quit notice pasted it in his door but the 7

days have expired on Monday this week the court have not done anything to eject him and him have refused to go to court or park out. i need an advice next step to take this will be my first time of serving my tenant Quit notice am always lucky to have good tenants but this one have been giving all the tenants in my house problem my tenants have been complaining to me bitterly

go there and beat him to a pulp it's "under the influence of anger", temporary lost of mind, nobody can say to u shit, then after fling his sorry ass with all his rubbish out of the house shikena!

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

I don't hv anytin to tell u,I just knw dat u r 1 of those tenants u don't need to tell me,I guess u hv a problem of reading and understanding

Lajet:


Oga You have not answer my Question the tenant have told the landlord plain that he will not pay any house rent again without any reason. he have stayed for some months already without paying any money. are you saying the landlord should overlook him and wait for complete 6 months before talking action against the man. what if the landlord took loan to build the house then how do you expect him to pay back if every tenants begin to behave that way.

The tenancy law was not formulated based on your listed points, but bear in mind that subsequent amendment of the law might try to tackle and prevent such occurrence.
For now, as stated in most state's tenancy law, a landlord must serve "notice to quit"(usually depends on the duration of the tenancy) first before serving the 7days quit notice if the tenant is still occupying the property.
In the case of the OP's tenant, if there's evidence of the defaulting tenant bragging about his intention never to pay his landlord, then its at the discretion of the judge to rule whether or not he should be issued a notice to quit or 7days quit notice.

Daboomb:


No Sir!
You cant back-date a Quit Notice.
It becomes invalid.
It has to take effect from the date you serve it

Ok ...learnt something

dgurudoer:


him build house for u or u Bleep him wife or his gf u no pay, then if no get a able-strong men to throw him out of d house, atleast one police officer to witness or goto police station to write a statement I know y I am saying this in case he take u to court. my friend throw him out. I owe n manage an estate of 15 bungalow In abuja I dont give a Bleep whether a tenant dnt have money to that y I requires them to pay 10% of insurance fee d total rent d year. NO BODY BUILD HOUSE FOR ME OOOO

Ok Sir since i have taken the matter to court let me have patience . he must leave my house before January end and he must pay all my money he is owing me i have already hired 4 people to be at the gate with my Caretaker making 5 people they have to be at gate 24 hours until court give order to throw him out i want to use him as an example because he have boasted too much leaving him will make other tenants to fellow his footstep i have order the boys not allow him to take anything out of the Compound.

arnold123:
go there and beat him to a pulp it's "under the influence of anger", temporary lost of mind, nobody can say to u shit, then after fling his sorry ass with all his rubbish out of the house shikena!

Thank Sir am waiting for Court order very soon he will regret what he have done

greggng:


I thought u are educated. You ought to ve gotten a lawyer first b4 approach the court through ur lawyer. It is the work of lawyers not ur work. There are processes and procedures. Go and get yourself a good lawyer now

Am making arrangement for that

Bidobado:


God helps the tenant who refused to leave my house after being served quit notice.
I will Fvck him up. Some people just like to take the Piss.

The guy have been boasting that he have been doing it to other landlords but i will be the one to put an end to this madness

Petonis:

Oga landlord...if u can prove that he has done this before, the court will see it as a pattern and will evict him immediately.

The guy have been doing it for a long time i will put an end to this madness waiting for court order.

mannatech:

Went through similar wahala on my first ever tenant eviction. I have had tenants owing me pack out without informing me or settling their bills. So far, u have done everything right by the law and in my state here, the 7 days quit notice which comes after the lengthy notice to quit, is only issued once and afterwards its forceful eviction by either the court or police Since u already have a landlord-tenant agreement/contract with the troublesome tenant, which I guess he signed to,

He signed the tenancy agreement

collinsmp:


He signed the tenancy agreement

Good. Thats evidence 1, try and record him boasting. Let him dig his own grave. Get him kicked out fast

thotianna:
@OP collinsmp
Tell him you want to renovate the house, give him the court approved time for moving out for renovation I think it's one month notice.
After one month start scattering the house, remove the doors of the house or roof under the guise of renovation. Just do your best to make the house uninhabitable for him.
Can you imagine his rubbish, boasting about staying in your house for a year without paying as if na ground you pick money wey you take build house.

Court will give order very soon my duty for now is to make sure that he don't park out in the night i have hired 4 people including my caretaker making it 5 people to be at the gate 24 hours i told them not allow him to remove anything from his apartment.

mfm04622:


When is he expected to renew his rent if not a day after his rent expires? A month grace period? You can even see the landlord didn't disturb him. Hmm. Tenants are wicked ooooo

Some people matter tire me the landlord have tried the tenant is not a good person

6UEE:
At this your age your mates are thinking of how to build their own house and not forming solidarity with never do well tenants like yourself.

See finishing chai try to fear God small

Airforce1:
Telling him to pay rent a day after his rent expired is pure wickedness.

When did you expect him to pay the rent so after one year he could save some money to pay his house rent

rafa9:
Maybe he is having financial constraints. The last 2years have been terrible for Nigerians.

If he is having financial problem he would have beg his landlord instead of insulting him

Punstar:
I can see some hungry boys saying the landlord is wicked. For Pete's sake, the tenant signed the agreement on volition. If you sign to an agreement to pay within 24hrs of expiration of your rent and you can't meet up, say because of financial hardship, there are saner ways to plead with the landlord.

The landlord has tried enough.....This is Dec and rent expired in August....and its not like the idiot is willing to pay oo. Living freely on another man's source of income

My experiences with such inconsiderate tenants angers me when i hear of cases like this.....Imagine, the landlord is losing money too. I dont know why pple dont consider that. Hungry pple are always quick to support defaulters and debtors, whereas, there are pple who have money and are willing to pay, looking for such accommodation. I have encountered evil tenants who want to live in a posh house while they can afford to pack to low cost houses. Such tenants wont agree to cut their coat according to their clothe, by moving to less expensive accommodations.

My advice to the Op is to either get a competent lawyer to hasten the ever slow legal system we have in Nigeria, or visit the court more to rush things up himself

The fault is not from the landlord but the wicked tenant. You said it all

Seriously ?

Daboomb:




Sorry to burst your bubble, he is damn WRONG!

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! ).

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).

if it is so then y does it t take d courts almost a year to successfully evict a tenant

obstead200:

It is clear u are a lawyer. U Specialize in twisting the law to exploit the un-iformed.

No, that is not true!
First, if you say someone is "uninformed", l assume you are referring to someone like yourself who does not know their left from their right!
Those are exactly the type of people l am positioned to HELP...[b]by showing them exactly WHAT THE LAW SAYS, THE TRUTH (as l have been doing on this thread) BUT NOT NECESSARILY WHAT THEY WANT TO HEAR.
There is a big difference between the two.

obstead200:
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?[/b]
Bro, u are a liar

Again, yo are displaying IGNORANCE OF THE LAW.... which is not an axcuse to avoid liability!
Let me explain:
You pay your rent in advance say in January 2017.
You have from that January 2017, to start saving for oyur next rent, even if you have to do "contribution` into a Piggy bank" every Week/month but it is sure that if you take your rent seriously as you are supposed to, you will hit your target or be very close to it by January 2018, when the next Rent is due!
But foolish people like you, that l dont have any form of pity for, will use all their income to "flex", chase ladies, buy expensive phones, go to Eateries and SPEND on about everything ..... except their RENT!

So, when you come to tell me in 2018, that "You are Broke", l wil have NO Pity on you and would still throw you out.
But to make it easier for me, l have designed a series of "process and procedures" that "dance round the legaleese" whikel ensuring that No tenant can use the Notice Period as an excuse!
You get the Notice Six Months (minus one day!) before your current rent expires.
Thus, once you cant pay when it expires, you have already used-up your six months notice and what is next is your "7days Notice to Recover property".
So at worst, you wont owe me more than one month, by the time l get judgement to auction your property.
As a landlord, if any landlord needs my advice on how to deal with the type of Tenant l painted above, l am always willing to help.
No tenant can owe me and go scott-free. NEVER!.
I also said that even if you get the Notice at the end of your Rent, the law still requires you to pay your Rent for any length of time you spend in that property, till the day you leave.
Some of you think once you are given "Notice to Quit", that means you are now on "free accomodation"... but you need to read what the law says on that issue.
The Landlord can as well sue for "Miens", to recover such debt or auction your property, to defray the cost.

obstead200:
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.

Maybe we are saying the same thing here because l agree with you up to the point where you said "throw you out ina heartbeat".
There is no hearbeat in this, you will simply serve the proper Notices, file the proper process and get Judgement against such tenant and they would be out of your house.

You see, l am one of those people who dont like to "apologise to others" so l avoid wronging them inthe first place!
That is why l am a stickler for the LAW.

obstead200:

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

A "payment cycle" covers a whole period, say from January 1st to December 31st.
So, what the law says is that before you can serve 7days Notice, the Tenant MUST have owed you for SIX Months (yearly tenant)
if it is a six Months tenant, then it MUST have failed to pay for Three Months since the last rent was due.
If it is a Monthly tenant, then the MUST have failed to pay for One Month, since they paid last.

This is the ONLY exception for jumping the Notice period and issuing a "7days Notice to recover property".
If he is a yearly tenant and his rent was due on January 1st, what you can do on january 2nd is to serve hima SIX MONTHS Notice to Quit.
(That does not mean he will live for free in those six months, he still has to pay those rent arrears before leaving).


But you cant issue him a 7days Notice to recover property" on January 2nd.
If you do, yo uare breaking the law and may be asked to pay compensation/fine or even a jail time.

Before you argue with me, l beg you to go take that tenancy law and READ IT first.

Lajet:


Oga You have not answer my Question the tenant have told the landlord plain that he will not pay any house rent again without any reason. he have stayed for some months already without paying any money. are you saying the landlord should overlook him and wait for complete 6 months before talking action against the man. what if the landlord took loan to build the house then how do you expect him to pay back if every tenants begin to behave that way.

No Sir!
I am saying the Landlord's recourse to aris to issue that Tenant a Quit Notice, as soon as yesterday!
(You have not told us how many m,onths rent was owed in arreas, there is no provision for "some months" in that Tenancy law.)

This is my advice for such landlord:
- Dont wait till your Tenant owes you many months before giving them a Quit Notice (issue one once they start acting funny or their rent is due on you dont get it... You can always cancel it without Penalty, once they pay you but at least, start the process!).
- As for me, l dont even wait for you to owe me, before l issue you with Notice to Quit (I always make sure that the Notice coincide with "One day after" your rent expires, just in-case you want to act funny with my rent.
- After expiration of the Six Months Notice and tenant does not pay nor Vacate house, go back to Court and serve a 7days Notice "To recover Possesion" - by force).... and to recover outstanding arrears (Miens).
- After that 7days and tenant still does not Quit, Court will give you a Baliff to come to the house, break down the door and sieze his property, which will be auctioned (except he can provide the money immediately rigth there) to defray all his rent arrears.

But you MUST follow the PROCEDURE, step by Step otherwise, "accuse" can become the "accuser" o!
This is what some Landlords dont like or are not patient to follow.......landing them in trouble.

I hope l have answered you now?
Like you are paying me for brief, abi?

BTW: Read the Poster below, he/she knows the law:

mannatech:

The tenancy law was not formulated based on your listed points, but bear in mind that subsequent amendment of the law might try to tackle and prevent such occurrence.
For now, as stated in most state's tenancy law, a landlord must serve "notice to quit"(usually depends on the duration of the tenancy) first before serving the 7days quit notice if the tenant is still occupying the property.
In the case of the OP's tenant, if there's evidence of the defaulting tenant bragging about his intention never to pay his landlord, then its at the discretion of the judge to rule whether or not he should be issued a notice to quit or 7days quit notice.

arnold123:
go there and beat him to a pulp it's "under the influence of anger", temporary lost of mind, nobody can say to u shit, then after fling his sorry ass with all his rubbish out of the house shikena!

Are you on drugs?
You think the court cannot diffrentiate between a "planned action" and "momentary insanity"?
"Under the influence of Anger" does not diminish your responsibility o!
When Court throw you into Kirikiri, your eyes go clear one time.

Follow the law and you can never go wrong.

collinsmp:


Ok Sir since i have taken the matter to court let me have patience . he must leave my house before January end and he must pay all my money he is owing me i have already hired 4 people to be at the gate with my Caretaker making 5 people they have to be at gate 24 hours until court give order to throw him out i want to use him as an example because he have boasted too much leaving him will make other tenants to fellow his footstep i have order the boys not allow him to take anything out of the Compound.

Good, now you are talking!
Use him as a 'sample' so that other tenants in that house know not to mess with your Rent.

BTW, is he now on the six months or 7days Notice?
When you get to the 7days Notice, dont forget to ask for "Miens" in your prayer to the Court (that is your rent arrears, with proof of him owing it).
I hope he is stubborn th emore so they can auction his property.
I have no single respect for "Debtors" who cannot "settle those they owe, before they get before a Judge"...... as the Bible adviced.

tpapi:
if it is so then y does it t take d courts almost a year to successfully evict a tenant

The Answer is simple: BRIBERY and CORRUPTION!
If you know the amount of corruption that has been going on in our Courts over the years past, then you will know why the EFCC is after them.

Do you know that even this Lagos Tenancy law, has "corruption in-built" into it?
Do you know that the "Politicians/Extremely Wealthy People" who made this law, EXEMPTED their own Property from such law, by saying the law does not apply to places like V/I, Ikeja GRA, Apapa GRA and other posh areas....... but it applies to low-income Landlords in places like Mianland, Mushin, Agege, Babdagry, Bariga, Alimosho, e.t.c?


That is how bad 'corruption' has eaten deep into our society.
Why exempt certain places/people from following a law that you enact?

collinsmp:


Court will give order very soon my duty for now is to make sure that he don't park out in the night i have hired 4 people including my caretaker making it 5 people to be at the gate 24 hours i told them not allow him to remove anything from his apartment.

I am loving this Landlord!
Be like say you don "wake-Up" sharp-sharp!

Airforce1:
Telling him to pay rent a day after his rent expired is pure wickedness.

Will u keep quiet .if u are a good and credible person, u dnt need anyone to tell u to pay up ur rent immediately it expires. I am sure u are one of those tenants dat owe rent on end and need constant reminders to pay up

what business those it have hear

excanny:


That 6 months notice is for paying tenants, not debtors. Its 7 days notice to pack out once your rent is over. Check Lagos Tenancy Law. Its called to recover your property from a defaulting tenant.

Thanks for the information.

mfm04622:


Not true! The moment a tenant's rent expires, you can serve him notice to vacate in 7 days! If he still has subsisting rent, then he need 6 months notice. Know that 6 months notice doesn't mean tenant won't pay rent again

Thanks. This information is very important.

Daboomb:


Are you on drugs?
You think the court cannot diffrentiate between a "planned action" and "momentary insanity"?
"Under the influence of Anger" does not diminish your responsibility o!
When Court throw you into Kirikiri, your eyes go clear one time.

Follow the law and you can never go wrong.

shut up u little prick! , did I ask u to comment ? you oversized good for nothing mumu! , your such a muddercunt u know