spyder880:

I have got more than four calls this morning from concerned neighbors who could not sleep throughout the night because this man was doing some carpentry works from 12pm to 4 am.

Impossible. Oga Landlord, I no believe that one

Some peeps here have given a good summation on what should be done.
I am a lawyer and i would advice you to give him one clear months notice of your intention to recover your premises.Where the one month is short even by an hour the court would state that you didnt do what was required by Law and you would be asked to go and do the proper thing,so please let the notice be one complete month.This can only be done by perusing the Tenancy Agreement to determine when the tenancy of this particular tenant commenced.
When the one month is over you would go to court to get a notice of Owners intention to apply to court to recover posession (seven days notice).This must also be 7 clear days because where this is short the court would rule in his favour.
To avoid the tenant becoming a perpetual tenant please and please dont throw him out .
Get a Lawyer and show him the Tenancy Agreement you entered with the fellow and he would start the process according.
The law of Landlord/tenant is very technical and where you make one mistake the tenant can stay in your house for a longer period than envisaged.
Your Advantage -1.)He is in arrears of rent and your Lawyer would try to show the court that this particular tenant is a bad tenant.
2.)He is a monthly tenant and one months notice is a shorter period than a six months notice as is the case of a tearly tenant
If you require my services you can call me on 08033589393 my name is peter.

My people, the case has assumed a new dimention, I went to try and talk thing over with him and the man flared up, accusing me of sending people to make trrouble with him, even though I live several kilometers away. He accused me of persecuting him and even told me to my face that I cannot remove him. He pointed in my face and threatened me.
I promptly drove to a police station nearby and made a police report, they will arrest him tomorrow. This police involvement will give me the reason to serve him papers as soon as he is through with the police. I am trying to be civil, but things are changing fast.

Jide fido:

U nid divine intervention.u just ve to get him out any way u can

So what does your big face have to do with this case?

chino4:

Some peeps here have given a good summation on what should be done.
I am a lawyer and i would advice you to give him one clear months notice of your intention to recover your premises.Where the one month is short even by an hour the court would  state that you didnt do what was required by Law and you would be asked to go and do the proper thing,so please let the notice be one complete month.This can only be done by perusing the Tenancy Agreement to determine when the tenancy of this particular tenant commenced.
When the one month is over you would go to court to get a notice of Owners intention to apply to court to recover posession (seven days notice).This must also be 7 clear days because where this is short the court would rule in his favour.
To avoid the tenant becoming a perpetual tenant please and please dont throw him out .
Get a Lawyer and show him the Tenancy Agreement you entered with the fellow and he would start the process according.
The law of Landlord/tenant is very technical and where you make one mistake the tenant can stay in your house for a longer period than envisaged.
Your Advantage -1.)He is in arrears of rent and your Lawyer would try to show the court that this particular tenant is a bad tenant.
2.)He is a monthly tenant and one months notice is a shorter period than a six months notice as is the case of a tearly tenant
If you require my services you can call me on  08033589393 my name is peter.

We didnt sign any tenancy agreement before he moved in, is this going to be a problem?

MeGaStReEt:

Impossible. Oga Landlord, I no believe that one

You are right, I asked many more people in the compound and they said the man started the carpentry works around 6pm and worked till after 8pm, then woke up by around 5am and worked till other tenants started shouting at him by 6.30am. I still think it is an abnormal timing meant to create problems.

4llerbuntu:

you do not have to furnish him with an excuse for evicting him. and you are lucky he is a monthly tenant.
its this simpe fact all the greedy landlords in lagos do not get. a yearly tenant takes an average of 1 year to evict, a monthly one max 4 months


GET A SOUND LAWYER. eviction is not hard, but technical. you don't need a SAN but at the same time don't go for a cheap haggard looking doofus.

if u are concerned about his fee then get a young bright lawyer, he may be willing to take a decent sum. but remember, if u want your job done properly, do not pay a sum that will only get the lawyer to court twice then three months later u start complaining.

[b]you SHOULD give him the statutory one month's notice, [/b]forget the shortcuts. it will end badly. the law and the court is very very sympathetic to the tenant!

after that give him 7 days notice of intention to recover possession.

then promptly file a brief to recover possession in court. if u prefer speed, forgo the arrears, and instruct the lawyer to ensure maximum possible speed. there are ways to speed up these things.


when you get judgment, get bailiffs to execute it instantly. in say 3 months you should be able to get your accomodation back

I agree with you, only problem is, the room is charged at N2000 monthly, how much money will I spend to retrieve the room? Sometimes I see why some landlords take the law into their hands and forcefully evict tenants without the law. The laws could be frustrating sometimes.

Then his type of tenancy would be determined by when he pays his rent as in is it monthly,quarterly or yearly.
I am guessing its monthly.
Please get a lawyer to draft Tenancy Agreement for all your tenants so that things would flow in case a problem exists.
It would not be a problem my friend.Do you issue him receipts when he pays.
He is breaching the rights of other tenants because they are entitled to a quiet and peaceful possession during their tenancy.
send me a mail on cino4442002@yahoo.com or add me on messenger lets chat.

If you had consulted a Lawyer from the beginning before you rented the house you would not be in this dilemna.The only advice i can give you is to tell the Lawyer to draft the Tenancy Agreement of all the Tenants and aid you in sending the unruly tenant out of your premises,this way you would pay a reasonable sum in getting two things done at the same time instead of a lump sum in getting only one thing settled.Lawyers have conscience so try and negotiate with one.
Please and please do not evict the tenant without following the proper procedure.

some landlurds can be so cruel with evicting tenants from their propertiy,
Have you called this man and have a one one talk with him, at least let him justify his own end too before farther actions to requite him

@Ekpoma, quite unfortunate that u are from Edo state and i believe u are not unfamiliar with what landlords pass thru in the hands of tenant. if u have 6 tenants in ur compound and their was a disturbance and 4 of them decided to call what makes it a lie. I think people talk because they have something to say. If u don't have just keep ur tongue behind ur teeth.
@Scopusng, not all landlord are wicked. infact my landlord is like a father to us. we are about 20 in an estate level in Phc but rather than increasing the rent each year he actually reduced it. and each xmas he sends gift to each and everyone.
@poster, i don't know much about the law but i believe if his' stay constitute breach of peace or risk to the other tenants those laws will be bypassed. it is just for 3-4 tenants to support ur claim at the police station. But be careful because if the other tenants are not xtian and this particular tenant is and he is praying because of the environment he finds himself or he was doing carpenter work because he saw a tenant go into the house with a lady that is not his wife at night, i think he is trying to win soul for God's kingdom by 'disturbing' the devil in them.
The tenant might even be the reason why u remain blessed thru that house.
Pray about it and let God leads.Without him the fight is a loss.

@Ekpoma, quite unfortunate that u are from Edo state and i believe u are not unfamiliar with what landlords pass thru in the hands of tenant. if u have 6 tenants in ur compound and their was a disturbance and 4 of them decided to call what makes it a lie. I think people talk because they have something to say. If u don't have just keep ur tongue behind ur teeth.
@Scopusng, not all landlord are wicked. infact my landlord is like a father to us. we are about 20 in an estate level in Phc but rather than increasing the rent each year he actually reduced it. and each xmas he sends gift to each and everyone.
@poster, i don't know much about the law but i believe if his' stay constitute breach of peace or risk to the other tenants those laws will be bypassed. it is just for 3-4 tenants to support ur claim at the police station. But be careful because if the other tenants are not xtian and this particular tenant is and he is praying because of the environment he finds himself or he was doing carpenter work because he saw a tenant go into the house with a lady that is not his wife at night, i think he is trying to win soul for God's kingdom by 'disturbing' the devil in them.
The tenant might even be the reason why u remain blessed thru that house.
Pray about it and let God leads.Without him the fight is a loss.

There's a recent court of appeal decision to the effect that once a tenant is in arrears of rent, even for one day, the owner can validly serve 7days notice of intention to recover possession without serving quit notice, no matter d length of d tenancy.
Ur case is an easy one. But dnt forcefully evict him, as that will make d court favour him. Goodluck

my dad has gone through the same problem of evicting tenant but in this case, the tenant has been told to vacate the flat when 3 month to the end of the expiration of the flat and told to pay up her 6 month phcn bill simply because we found out the person that collected the flat has transferred it to another person 6 month before, only for the tenant to not want to leave. my dad simply removed the light and water at first but still there was no sign of her moving out which made my dad to remove the window of the flat. that night was filled with shouting and raining of abuse from the tenant, but we all stayed indoor and did come out to say anything because she had gone to bring some thugs to come and threatened us. the followed day, we were greeted with police in our doorstep coming to come to arrest my dad. only for my dad and mum to come back later in the day that she is at the police station and given less than 5 days to pack out of the house and also told to drop her spilt air conditional before middle of february she will pay her phcn bill.

what i will tell u is that inform the police of what is happening and instantly remove the light and windows of the apartment.

Cherechy:

There's a recent court of appeal decision to the effect that once a tenant is in arrears of rent, even for one day, the owner can validly serve 7days notice of intention to recover possession without serving quit notice, no matter d length of d tenancy.
your case is an easy one. But dnt forcefully evict him, as that will make d court favour him. Goodluck

In that case it will make sense to reject payment from an annoying tenant so you can have an expedited process

why why if quite the poor man what will you advicers gain from it.swins

^^^Few things can be as frustrating as an annoying tenant esp one who thinks he is 'connected'. Believe me, you dont want to be in that situation. This one is a small fry he will pack without much stress.

Mr small:

some landlurds can be so cruel with evicting tenants from their propertiy,
Have you called this man and have a one one talk with him, at least let him justify his own end too before farther actions to requite him

I have tried, went there myself and begged him, settled issues more than 12 times, I have tried as a human being, last year as I wanted to quit him after just 5 months and countless wahala with many tenants, my wife begged me to let them be, she went there for the first time since the house was finished just to settle trouble. All to no avail. I am not wicked or cruel, I just want peace for my other tenants as I dont live there.

U dont owe ur tenant any explanations and he doesn't deserve one, especially when he is not performing his covenant of payinf rents as they fall due. QED,

@pennywise
the keyword is 'owing'. You cant reject rent frm ur tenant and then turn around to say he's owing you.
I think that decision wz primarily to protect lanlords. The various recovery of premises laws of different states protects tenants frm shylock landlords, but d tenants started abusing d privilege.
The rationale behind the decision is that b4 coming to court, ensure ur hands r clean. U cant be owing and at the same time seeking reliefs frm the courts.

@Cherechy
How do you proove I 'rejected' when you dont see me to give rent? These are supra-legal issues where experience and wisdom supercede intelligence

What a stupid man, you have to send him out of your house, but if he did not want to go easily than you call a lawyer to give him a letter to quite. without dat he keep continue distubing them and they will not like it. just fine a solution

goodday nairalanders,am a tenant,and am having a litle problem with my landlord.i just entered into the house about three years ago.i pays him yearly.but supprisingly,just two months after making my third year payment, he came up with a quick notice,written by his lawyer,that i should vacate the house in 6months time.when i called the lawyer that i just paid the landlord two months back,he said he is aware,that they want the eviction notice to run cocurrently with my payment,so that no party would be cheated.some people have advice me that it is never done,that i can only get a quit notice when my rentage expires.i have been adviced that when the comes,and he threaten to throw me out,that i should seek a legal help.
So i want you all to help me out with your suggestions thanks.

keleto:

goodday nairalanders,am a tenant,and am having a litle problem with my landlord.i just entered into the house about three years ago.i pays him yearly.but supprisingly,just two months after making my third year payment, he came up with a quick notice,written by his lawyer,that i should vacate the house in 6months time.when i called the lawyer that i just paid the landlord two months back,he said he is aware,that they want the eviction notice to run cocurrently with my payment,so that no party would be cheated.some people have advice me that it is never done,that i can only get a quit notice when my rentage expires.i have been adviced that when the comes,and he threaten to throw me out,that i should seek a legal help.
So i want you all to help me out with your suggestions thanks.

Better meet your lawyer, I think the man will not like to lose rent if the issue lingers. You can still meet him to talk things over with him. The issue may just be a guise to raise rent, or push you out and find a higher paying tenent.

nairalanders i hv an almost similar problem wit keleto, although when i meet with my landlord we always reach an agreement on a rent increase (this was like a year or two ago). now he is at it again and i cant allow it this time. he has sent two different agents claiming they are in charge of the house when i deal directly with the landlord , the recent one being his son. what steps can i take legally against him, is he meant to serve me a notice knowing fully well that ma rent expires in six months time

ps: d letters of notice that was brought requires that i sign on them but i refused on both occasion but i hv a copy

lucabraski:

The matter dey very simple. just double his rent, na him go come tell u say he wan pack .

You deserve an award for this!

keleto:

goodday nairalanders,am a tenant,and am having a litle problem with my landlord.i just entered into the house about three years ago.i pays him yearly.but supprisingly,just two months after making my third year payment, he came up with a quick notice,written by his lawyer,that i should vacate the house in 6months time.when i called the lawyer that i just paid the landlord two months back,he said he is aware,that they want the eviction notice to run cocurrently with my payment,so that no party would be cheated.some people have advice me that it is never done,that i can only get a quit notice when my rentage expires.i have been adviced that when the comes,and he threaten to throw me out,that i should seek a legal help.
So i want you all to help me out with your suggestions thanks.

Sincerely, since he gave you enough time, that is enough for you to go and look for a house. Why will you be fighting a landlord? It is his sweat.

i really like all ur comments on this topic...my dad too is in similar situation,almost all of his tenants re owing him house rent...the highest of them is from feb this year..some of them complain that some of the roof on the building re linking, then we decided to schedule a meeting with them that they should all pay six months each so that maintenance work can be carried out on the building...both parties agree on this and time frame was giving for the payment.All these were documented.
To our surprise no body respond to the agreement,after a month plus we decided to schedule another meeting to know the reason why none of them did not honour the agreement, none of them show up for the meeting..
is it possible for my dad to issue them quick notice base on the fact that; they refuse to pay up their rent and that he wants to carry out renovation work on the house..Also how can he go about the quick notice...does he needs to consult a legal practioner?how months quick notice can he serve them base on the law....

My tenant, rent will expire in six months time. And I don't want him to renew his rent, his makes trouble with other tenants in the compound. Can I give him notice now when is rent has not expired.