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Ejecting Tenants After 6 Months Notice Lapses: How Do I Do It? - Properties (2) - Nairaland

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Should I Give My Unfaithful Tenant An Eviction Notice? / Fashola To Seize Property If Tenants Commits Crime. / Stubborn Tenants Refuse To Leave And Don't Pay Rent! (2) (3) (4)

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Re: Ejecting Tenants After 6 Months Notice Lapses: How Do I Do It? by obicentlis: 9:06am On Mar 28, 2012
olanshi: I need help on this issue, please I need a good lawyer that can help handle some of my tenants.. They are already taking a fool of themselves...

@ Lawyer,please email me directly on :- greatolanshi@gmail.com


Cheers...
Sincerely, am having this issue with my tenants.
Plz email me too. Ahizechiobioma@yahoo.com
Re: Ejecting Tenants After 6 Months Notice Lapses: How Do I Do It? by blank(f): 11:22am On Mar 28, 2012
obicentlis:
Sincerely, am having this issue with my tenants.
Plz email me too. Ahizechiobioma@yahoo.com

Why don't u email him instead. His details are on his profile.
Or bette still, add him as a friend so you can get his email address.

1 Like

Re: Ejecting Tenants After 6 Months Notice Lapses: How Do I Do It? by soapdish(f): 12:39pm On Mar 28, 2012
I have been trying to post a reply and each time I will banned. Why?. My posts are not offensive so why I'm I being banned Oga Moderator.
Re: Ejecting Tenants After 6 Months Notice Lapses: How Do I Do It? by basadenet: 12:54pm On Mar 28, 2012
pls jake to d lawyers advice and get d expected justice.
Re: Ejecting Tenants After 6 Months Notice Lapses: How Do I Do It? by DECOtech(m): 12:58pm On Mar 28, 2012
Una too like long story. This rainy reason. Leave the smart tenants alone. Take away ur roofing sheets.
Them wan try me? *vexing*
Re: Ejecting Tenants After 6 Months Notice Lapses: How Do I Do It? by soapdish(f): 1:14pm On Mar 28, 2012
@Lastpage.. .there is no law that provides for additional one month Notice after the Statutory six months Notice. It is also perfectly legal to issue a Notice to Quit while the tenancy subsists, in fact, a Notice to Quit ought to expire on eve of the anniversary of that tenancy I.e at the same time the. tenancy expires.

@OP...you have two options- to wait for the Notice you gave him to expire then serve him seven days Notice of Owner's Intention to Recover Possession then Court but here the tenant will not be compelled to pay rent for the extra months that fell within the six months Notice. This is because the six months Notice is the Prerogative of the Tenant.
Alternatively,you can wait for him to renew then serve him a Notice that will expire on the eve of his anniversary.

N/B- this is only applicable to Lagos State.
Re: Ejecting Tenants After 6 Months Notice Lapses: How Do I Do It? by nnacent(m): 3:58pm On Mar 28, 2012
My fellow nlanders, my landlord issued me quit notice 4 askin 4 water dat i paid for. Sincerely d only way 2 describe dis man is heartles. He keeps colectin money 4rm us 4 one tin or d order. He collectd 2500 4rm ova 10 tenants 4 nepa meter 4 over 1yr nw n til date, no meter. If u ask questns, u are treatnd wit quit notice. Now he has given me. Dnt knw wat 2 do. Pls i need advice
Re: Ejecting Tenants After 6 Months Notice Lapses: How Do I Do It? by lastpage: 6:01pm On Mar 28, 2012
soapdish: @Lastpage.. .there is no law that provides for additional one month Notice after the Statutory six months Notice. It is also perfectly legal to issue a Notice to Quit while the tenancy subsists, in fact, a Notice to Quit ought to expire on eve of the anniversary of that tenancy I.e at the same time the. tenancy expires.

@OP...you have two options- to wait for the Notice you gave him to expire then serve him seven days Notice of Owner's Intention to Recover Possession then Court but here the tenant will not be compelled to pay rent for the extra months that fell within the six months Notice. This is because the six months Notice is the Prerogative of the Tenant.
Alternatively,you can wait for him to renew then serve him a Notice that will expire on the eve of his anniversary.

N/B- this is only applicable to Lagos State.
I hope we can resort to "facts" in this dispute?
In a "Contractual Rent Agreement", there is an "offer" and "Acceptance" by the Landlord and Tenant respectively, for a "Performance" (Rentage without disturbance) with a "duration" for which the Agreement stands (one year rent), on the basis of a "Consideration (one year rent payment). FACT.

If you apply this to the Tenant/Landlord equation, you will notice that both parties are in a VALID CONTRACT FOR ONE YEAR!
Any of the parties that tries to tamper with this "legal agreement" is trying to BREAK A VALID CONTRACT.

Essentially, you are asking the court to help you commit an offense!
shocked

I dont know if your position is based "on Law" but l will ask any third "Learned Party" to intervene.

My position remains unchanged
: The Tenant is entitled to enjoy and undisturbed tenancy for the full year of your agreement which he paid for and using part of that period for "Quit Notice" (A disturbance of his rights o peaceful enjoyment of the Contract) is Null and Void.

I think we should also distinguish between "The Notice to quit" (intention to recover property) and the "Notice Period" (Period legally required to be given a Tenant, to allow that tenant to look for alternative accommodation, after the expiration of their current, contractual Tenancy with the landlord)

He will simply ignore your Notice and wait for you to take him to court, knowing you will loose! grin

I have assisted people on this and Landlord was directed by the Judge to go and issue proper notice and "pay legal cost" to Tenant.

As a Landlord myself, l will hate to be publicly embarrassed by a Tenant but that is what happens if you dont follow the letter of the law (an A.s.s by the way! grin )

Lastpage!

1 Like

Re: Ejecting Tenants After 6 Months Notice Lapses: How Do I Do It? by lastpage: 6:17pm On Mar 28, 2012
nnacent: My fellow nlanders, my landlord issued me quit notice 4 askin 4 water dat i paid for. Sincerely d only way 2 describe dis man is heartles. He keeps colectin money 4rm us 4 one tin or d order. He collectd 2500 4rm ova 10 tenants 4 nepa meter 4 over 1yr nw n til date, no meter. If u ask questns, u are treatnd wit quit notice. Now he has given me. Dnt knw wat 2 do. Pls i need advice

You dont need advice, you need a good Lawyer!
And l hope you collected a signed Tenancy agreement when you rented the house?
At the end of the day, you are likely to en up in court if an amicable settlement cannot be reached.

If what you say above is exactly as it is (since your Landlord's story might be different), he would have to take you to court to explain WHY he wants to recover property though he might say he needs the place for his son coming from Abroad! grin (perfectly legal! shocked ) but if he has given quit Notice to say five Tenants in the same house, that might be difficult to substantiate in court.

Its left for your own Lawyer to show that the Quit Notice is vexatious because you demanded an explanation for his "Non Performance" of things he collected money for.
So as Fela would say, "Na argument, Argue..."!

At the end of the day, all you need is "reasonable time" to look for alternative accommodation"; It is his house, abi?
No court will ever grant you license to live in someones house perpetually.
That is the bottom line.

Lastpage!
Re: Ejecting Tenants After 6 Months Notice Lapses: How Do I Do It? by lastpage: 6:19pm On Mar 28, 2012
BTW: Seun; why cant we "FOLLOW A TOPIC" by E-mail anymore?
Does it have anything to do with your recent "Tweaking" of the Servers?

Please address this issue as its making this place time-consuming and not so interesting!

Lastpage!
Re: Ejecting Tenants After 6 Months Notice Lapses: How Do I Do It? by Barristerlaw(m): 6:42pm On Mar 28, 2012
ochukoccna: Hello NLers smiley smiley smiley
I would like your insights into how to go about ejecting tenants after they were given eviction notices which has now lapsed.
The property in question is two 3 bedroom flats
Both tenants received 6 months eviction notices which lapsed in February though their rents lapsed in November/December 2011
They approached the agent for a 1 month extension grace [end of March] which he [agent] granted unilaterally without the landlord's [my guardian's] consent nor documentation of the request undecided undecided undecided undecided
My guardian is suspecting the 2 tenants are acting out a script to elongate their stay in consonance with the agent due to his foot dragging and lack of integrity in granting the 1 month extension
I want to suggest to my guardian ;the disconnection of the flats from PHCN mains, changing of the main gate's padlocks and stopping of water to the flats once March ends this weekends to drive home the point the tenants are unwanted
Yet I would like to receive insights from others who have encountered such challenges and how they solved it
Also if there are other legal ways one can go about this [so I can offer this advice to my guardian]
Thanks a bunch in advance wink wink wink wink
smiley
ochukoccna: Hello NLers smiley smiley smiley
I would like your insights into how to go about ejecting tenants after they were given eviction notices which has now lapsed.
The property in question is two 3 bedroom flats
Both tenants received 6 months eviction notices which lapsed in February though their rents lapsed in November/December 2011
They approached the agent for a 1 month extension grace [end of March] which he [agent] granted unilaterally without the landlord's [my guardian's] consent nor documentation of the request undecided undecided undecided undecided
My guardian is suspecting the 2 tenants are acting out a script to elongate their stay in consonance with the agent due to his foot dragging and lack of integrity in granting the 1 month extension
I want to suggest to my guardian ;the disconnection of the flats from PHCN mains, changing of the main gate's padlocks and stopping of water to the flats once March ends this weekends to drive home the point the tenants are unwanted
Yet I would like to receive insights from others who have encountered such challenges and how they solved it
Also if there are other legal ways one can go about this [so I can offer this advice to my guardian]
Thanks a bunch in advance wink wink wink wink
Re: Ejecting Tenants After 6 Months Notice Lapses: How Do I Do It? by Barristerlaw(m): 7:42pm On Mar 28, 2012
Tenancy matter is not as simple as some people thought.it is indeed very technical-that is why it is better left to the lawyers to handle.some NLs are even suggesting self help which is illegal and unfashionable in this era.it is worthy of note that the issuance of quit notice to tenants is only applicable where there is no written agreement or where there is no provision for it in the agreement.infact tenancy agreement could be drafted in such a way that does not require quit notice-tenancy for a fixed period(sec.13(5) of Lagos Tenancy Law).this requires only 7 days owner's intention to possess.i can't comment on the quit notice issued by the poser because i av to see it whether it is indeed a valid quit notice in law.if this is faulty, every other step taken becomes a nullity.there are many instances where courts have ordered that fresh quit notice be issued on tenants because of faulty statutory notices-too bad.it is the law that ,in the absence of any contrary written agreement, valid quit notice, as required by law, must be issued to a yearly tenant whether his rent has expired or not.it is only a valid quit notice that can terminate it.see OWODUNI V.AP,ODUTOLA V. PAPERSACK.It is indeed wrong to say that a yearly tenant whose rent has expired is a tenant at will,he is indeed referred to as STATUTORY TENANT.the new tenancy law is silent on yearly tenant who is holding over.infact there is no time to explain all the technicalities involved for further enquiry and clarification contact me on akinolaesq@yahoo.com

1 Like

Re: Ejecting Tenants After 6 Months Notice Lapses: How Do I Do It? by soapdish(f): 7:53pm On Mar 28, 2012
@Lastpage...my "position" is the position of the Law regarding Tenancy. I am a Lawyer so I should know that. You don't have to change your position though.
Re: Ejecting Tenants After 6 Months Notice Lapses: How Do I Do It? by MyLawyer(m): 11:18pm On Mar 28, 2012
It's really a pathetic situation!

From the stand point of the law, cases of this sort begins with: "DID U ISSUE A TENANCY AGREEMENT TO THE TENANT(S)?" "WHAT ARE THE CONDITIONS RELATING TO EVICTION IN THE AGREEMENT?" and so many other salient questions that present themselves.

More so, it might interest you to know that ur NOTICE TO QUIT ought to have come (may be weeks or months)before the expiration of the tenancy. For instance, if the Tenancy says u're to give a 2 MONTHS NOTICE TO QUIT TO THE TENANT, then, ur 2 months notice... MUST BE SERVED before the expiration of the tenant's rent.

In respect of ur case, even if u get to a tribunal or court, and ur tenant secured the services of a lawyer that's worth his salt, then u'll be so bittered to embrace d reality of him staying for years on the premises without paying a dime - SORRY, IT DOES HAPPEN!

However, if no Tenancy Agreement, and for a yr's tenancy, then, d law says the tenant is entitled to 6MONTHS NOTICE TO QUIT (Putting into consideration the above condition). Until this is done, u stand to be in default.

The next step is to issue a 7 DAY NOTICE OF OWNER'S INTENTION TO APPLY TO THE COURT TO RECOVER POSSESSION, after seven day, and the tenant remains on the premises, all that is required, go to the court or Rent Tribunal to ask for SUMMONS against the tenant. U'll find clearly on the summons, a date slated for ur case against d tenant to commence.


If on d date of 'hearing' in court or at d Tribunal, d tenant fails to appear, the court (most often) could decide to enter judgment in ur favour; otherwise, the case would commence and ONLY GOD & THE JUDGE KNOWS WHEN IT WOULD END.

POSSIBLE SOLUTION:

1. Since ur uncle stands to be in default (from ur case), contact a Mediator or a lawyer that doubles as both to
mediate b/w ur uncle and the tenants.

2. If there is an Agreement to leave at d nearest possible time, he should prepare a MEMORANDUM OF
UNDERSTANDING & tactfully get them to sign.

3. If the tenant(s) defaults at the expiration of the agreed date on the MEMO..., simply use the MEMO...as one of ur
'WEAPONS'Exhibits) at the Tribunal or court and wait for judgement - of course as the case progresses.

Hope this solves d situation.

Takia.

1 Like

Re: Ejecting Tenants After 6 Months Notice Lapses: How Do I Do It? by Barristerlaw(m): 8:41pm On Apr 05, 2012
olanshi: I need help on this issue, please I need a good lawyer that can help handle some of my tenants.. They are already taking a fool of themselves...

@ Lawyer,please email me directly on :- greatolanshi@gmail.com


Cheers...
4 legal advice u can contact akinolaesq@yahoo.com
Re: Ejecting Tenants After 6 Months Notice Lapses: How Do I Do It? by Barristerlaw(m): 9:07pm On Apr 05, 2012
yamakuza:

if, say, the rent expired months ago, must you give a 6 month notice before the 7 day notice, or is a 7 day notice alone sufficient to file at the rent tribunal?

Thanks.
@yamakuza answers to this question depend on many variables:
(1)if the tenancy is for a term certain(fixed period),then it doesn require any quit notice but rather only 7 days owner's intention is required see section13(5) tenancy law.for other instances and clarification contact akinolaesq@yahoo.com

1 Like

Re: Ejecting Tenants After 6 Months Notice Lapses: How Do I Do It? by Barristerlaw(m): 12:07am On Apr 06, 2012
Going through the comments of nlds, i discover that quit notice properly so called is not understood by pple,some erroneously think it is a prerequisite in all instances,while some believe that 6 months notice must be given to a yearly tenant at all times,some ,in error ,also believe that once a tenant's rent expires,it requires only 7 days notice.These are indeed errors of fact and of law, which will be put in correct perspective seriatim:
1.it is the prerogative of the landlord to determine whether he is giving any quit notice or no quit notice at all at the end of the tenancy-according to the provisions in the tenancy agreement signed by both parties b4 the tenant parks in.any term in the agreement is binding on the parties who endorse it voluntarily.indeed the agreement supercedes the provisions for quit notice in THE TENANCY LAW OF LAGOS STATE.Indeed section 13 is only applicable where there is no contrary provisions in the agreement.the import of the introductory paragraph of the section is that if instead of 6 months both parties agree to 1day notice, so be it.hear what the section says:
'S.13(1)Where there is NO STIPULATION as to the notice to be given by either party to determine the tenancy,the following shall apply...
Caveat-the problems are self inflicted by the landlords therefore they should stop complaining,they will collect agreement fees,they will spend it instead of engaging a lawyer to draft agreement for them.
2.TENANCY FOR A FIXED TERM
Tenancy agreement can be drafted in such a way that landlords will not need to bother themselves on the issue of quit notices,what will be required is 7 days notice.See Section 13(5) of the Tenancy Law.for detail on this contact akinolaesq@yahoo.com
3.CAN Expiration of rent validly terminate tenancy agreement
The answer to this is NO unless the tenant is a licencee or he operates tenancy for a fixed period.the mere fact that tenant's rent has expired does not make him a squarter or tenant at will,he is indeed a statutory tenant and he is still protected by the law.The law requires that he should be given valid quit notice unless he is in arears for a specific months as provided by section 13(2)&(3) of the Tenancy law,which is reproduced hereinunder
'(2)in the case of monthly tenant,where he is in arrears of rent for three months,the tenancy shall be determined and the court shall make order for possession and arrears of rent upon proof of the arrears of rent by the landlord.
(3)in the case of a quarterly or half yearly tenant,where is in arrears of rent for six months,the tenancy shall be determined and the court shall make an order for possession.....'
apart from where the above conditions have taken place,valid quit notice is a prequisite before a tenancy can be determined or terminated.indeed the new law does not make provision for a yearly tenant that is holding over,therefore Section 13(1)(e)will be applicable where there is no contrary agreement.
4. CLARIFICATION ON THE ISSUE WHETHER QUIT NOTICE COULD BE ISSUE BEFORE THE EXPIRATION OF TENANCY
Quit notice is permissible in law to run concurrently with subsisting tenancy.for instance a yearly tenant that is let into a premise in january 1st jan. 2012 could be issued with a valid 6 months notice on july 1st to end on dec 31st 2012 .the essence of quit notice is to put the tenant on notice so that he can look for alternative accommodation-whether it is given during the pendency of the rent or after the expiration of the rent is of no moment.the most important thing is that the required month(s)must be complete:it can be given in excess, for instance instead of giving a 6 months notice ,one can decide to give 7 months however if by calculation in law,a quit notice is a day shorter then there is no quit notice validly known to law.in law a month is a full calendar month starting from 1st to the last day in the month.u can not start counting of a month other than from 1st see the Interpretation law.See Section 13(4) of the law which provides thus:
'Notice of tenants under this subsection(1)(a)-(e)of this section need not terminate on the anniversary of the tenancy but may terminate on or after the date of expiration of the tenancy'

4 Likes

Re: Ejecting Tenants After 6 Months Notice Lapses: How Do I Do It? by DrD1: 4:34pm On Apr 17, 2012
Hi Last Page,

I recently read your post and I'm in an odd dilemna with respect to repossession by a new landlord after a property sale which occurred a few months into my tenancy.

I would be grateful if we can discuss this outside the forum.

Thanks
Re: Ejecting Tenants After 6 Months Notice Lapses: How Do I Do It? by ochukoccna: 11:49pm On Apr 24, 2012
@ post, I thank all the contributors especially the legal experts for all their inputs
The tenants in question packed out in the 1st week of this month without incident.
This thread enlightened not only me but so many others too
Thanks y'all.

1 Like

Re: Ejecting Tenants After 6 Months Notice Lapses: How Do I Do It? by egolaw75: 11:49am On Apr 25, 2012
@lastpage,mylawyer
I have a situation at hand.
I was given a quit notice by my landlord on the 20th april 2012. My rent was supposed to expire May 31st 2012. I paid yearly.
The landlord expected me to quit the house on the 31st May 2012.
Please what is your advise?

Thanks
Lawrence
Re: Ejecting Tenants After 6 Months Notice Lapses: How Do I Do It? by Barristerlaw(m): 3:23pm On Jul 06, 2012
lastpage:
I hope we can resort to "facts" in this dispute?
In a "Contractual Rent Agreement", there is an "offer" and "Acceptance" by the Landlord and Tenant respectively, for a "Performance" (Rentage without disturbance) with a "duration" for which the Agreement stands (one year rent), on the basis of a "Consideration (one year rent payment). FACT.

If you apply this to the Tenant/Landlord equation, you will notice that both parties are in a VALID CONTRACT FOR ONE YEAR!
Any of the parties that tries to tamper with this "legal agreement" is trying to BREAK A VALID CONTRACT.

Essentially, you are asking the court to help you commit an offense!
shocked

I dont know if your position is based "on Law" but l will ask any third "Learned Party" to intervene.

My position remains unchanged
: The Tenant is entitled to enjoy and undisturbed tenancy for the full year of your agreement which he paid for and using part of that period for "Quit Notice" (A disturbance of his rights o peaceful enjoyment of the Contract) is Null and Void.

I think we should also distinguish between "The Notice to quit" (intention to recover property) and the "Notice Period" (Period legally required to be given a Tenant, to allow that tenant to look for alternative accommodation, after the expiration of their current, contractual Tenancy with the landlord)

He will simply ignore your Notice and wait for you to take him to court, knowing you will loose! grin

I have assisted people on this and Landlord was directed by the Judge to go and issue proper notice and "pay legal cost" to Tenant.

As a Landlord myself, l will hate to be publicly embarrassed by a Tenant but that is what happens if you dont follow the letter of the law (an A.s.s by the way! grin )

Lastpage!
@lastpage t is the prerogative of the landlord to decide whether to issue quit notice during the pendency of your tenancy or after the expiration of your rent,the contemplation of the law is that a tenant must be given the notice agreed upon by the party or the one required by the law where there is no contrary provisions in the tenancy agreement.By virtue of Tenancy Law of Lagos state 2011,the notice can terminate on or after the date of the expiration of the tenancy.Section 13(4) makes it explicitly clear that the above scenario is in consonance with the law.For clarity the said provision is hereby reproduced:
"(4) Notice for tenants under subsection (1)(c),(d) and (e) of this section need not terminate on the anniversary of the tenancy but may terminate on or after the date of expiration of the tenancy"
a law remains valid whatever the opinion of whoever.for further enquiries send your question(s) to lagoslawgurus@gmail.com,akinolaesq@gmail.com.Your questions will be responded to immediately free of charge
Re: Ejecting Tenants After 6 Months Notice Lapses: How Do I Do It? by Excellentchris: 10:48am On Sep 10, 2012
@Lawyer, what happens if the landlord/developer collected rents from people far more than the number of apartments which made the possession of the apartments a free for all fight. Even the tenants who were lucky to have secured apartments collected keys from area boys and went through hell from same and similar set of area boys spending so much in the process. In addition, the apartments were not done as expected which entailed the tenants had to complete the apartments themselves. After 2 years, the developer surfaces and starts issuing tenants quit notices even as the people who couldnt secure apartments have taken him to court and the matter still in court. What do you advise the tenants to do?
Re: Ejecting Tenants After 6 Months Notice Lapses: How Do I Do It? by lastpage: 5:08pm On Nov 10, 2012
ego_law75: @lastpage,mylawyer
I have a situation at hand.
I was given a quit notice by my landlord on the 20th april 2012. My rent was supposed to expire May 31st 2012. I paid yearly.
The landlord expected me to quit the house on the 3[b]1st May 2012[/b].
Please what is your advise?

Thanks
Lawrence

Sorry Lawrence, l saw this very late,...just now!

.....ans l no be "Lawyer by qualification", by any stretch! grin
By law, the Notice can "start to take effect" immediately your Tenancy EXPIRES (in which case, the "contract" in place has expired).

broken down further, "the Notice" is a "PERIOD OF TIME" (say three months, depending on your type of Tenancy) through which you will have to look for another house and submit the Key to his house back to him.

That he gives you the notice "three months" before your Tenancy expires does not have any effect as it "does not take effect" from then.

It can only "start taking effect" when your Tenancy has expired or AFTER it has expired.

To do otherwise os to "negate" an already existing, binding legal contract.

Now, whether you are ready to "surrender tenancy" after the expiry of that "First Notice Period" is a matter of "choice and argument" by yourself and your Lawyer
.


"(4) Notice for tenants under subsection (1)(c),(d) and (e) of this section need not terminate on the anniversary of the tenancy but may terminate on or after the date of expiration of the tenancy"

It is not uncommon for Landlords to want to "inflate rent and get fresh agreement fee" by issuing quit notice to current Tenants! .....and the law is aware of this trend.

BTW, he cant give you a Months Notice when you are an "annual/ yearly Tenancy"!

The first Notice HAS TO BE 6MONTHS!

It will all boil down to how your Lawyer can "argue" this in court taking the view that "what exactly is the intention of the law with regards to Quit Notice"?

If l hold a subsisting Tenancy (a subsisting Legal Contract), can the Landlord use part of that period as his quit Notice, knowing that by Law, l am entitled to live unencumbered, during a valid Tenancy!
Does issuing a Quit Notice during that "valid Tenancy period" (if it is to take effect during that period) not translate to encumbering the Tenancy?

How would the 'law' view that situation and interpret it wrt "

"(4) Notice for tenants under subsection (1)(c),(d) and (e) of this section"?


Cheers,

Lastpage!
Re: Ejecting Tenants After 6 Months Notice Lapses: How Do I Do It? by lastpage: 5:12pm On Nov 10, 2012
Dr. D:
Hi Last Page,

I recently read your post and I'm in an odd dilemna with respect to repossession by a new landlord after a property sale which occurred a few months into my tenancy.

I would be grateful if we can discuss this outside the forum.

Thanks

I replied to your E-mail.
Please do check and sorry it took this long.
I did not follow the thread properly.

Lastpage!
Re: Ejecting Tenants After 6 Months Notice Lapses: How Do I Do It? by gabbytabby: 7:27pm On Nov 10, 2012
Lastpage if you know be laywer and not fully conversant with the tenancy law please no confuse people head oh.
Re: Ejecting Tenants After 6 Months Notice Lapses: How Do I Do It? by lastpage: 8:50am On Nov 11, 2012
I no be lawyer (l have said that in every response l made) ....but l am 'fully conversant' with tenancy law O!
If you are still confused, please consult your own Lawyer.

Any other comment?

Lastpage!
Re: Ejecting Tenants After 6 Months Notice Lapses: How Do I Do It? by fridayiwere: 6:53pm On May 18, 2013
I have an issue at hand now. I need some legal advise. The house I live have been sold three months ago.The new landlord has increased d rent from N170k to N280k.I told him I can't afford d new rent.we dragged it till my rent expired April.His lawyer called me and told me to vacant d premises.I told him to properly serve me notice to quit since I pay yearly, but he said dat d change of ownership and notice of increment he served me should be taken as a notice to quit. Pls advise me
Re: Ejecting Tenants After 6 Months Notice Lapses: How Do I Do It? by Barristerlaw(m): 8:45pm On May 19, 2013
The fact that he served you a letter of increase is an acknowledgement of the fact that you are his tenant. the position of law is crystal clear that in such a situation, the buyer buys with the liability therein. he can not claim that you are not his tenant. as a tenant,if truly you are a yearly tenant ,you are entitled to a 6-month quit notice; where there is no contrary provisions in a written agreement.Tall what the lawyer said has no basis in law.on issue of increment and details on this read my earlier posts or you can contact me on 08032493960
fridayiwere: I have an issue at hand now. I need some legal advise. The house I live have been sold three months ago.The new landlord has increased d rent from N170k to N280k.I told him I can't afford d new rent.we dragged it till my rent expired April.His lawyer called me and told me to vacant d premises.I told him to properly serve me notice to quit since I pay yearly, but he said dat d change of ownership and notice of increment he served me should be taken as a notice to quit. Pls advise me
Re: Ejecting Tenants After 6 Months Notice Lapses: How Do I Do It? by Barristerlaw(m): 9:15pm On May 19, 2013
@lastpage,i have explained in this forum the position of law regarding issuance of quit notice during the pendency of the tenancy but you persist in advertising ignorance to people.people who ask life questions want informed answer. it is honorable not to dabble into technical issue when you don't know. The principle that guides giving of judgement in our courts is what is referred to as STARIS DECISIS i.e it must be decided according to the laid down statutory and case law.There are many judicial decisions by our superior courts interpreting similar provision to the effect that landlord can issue quit notice during the pendency of the tenancy. you can contact me for the authorities. contrary to what you think cases are not won by only the argument of a lawyer but in addition the judges consider the facts and the existing law.
lastpage:
Sorry Lawrence, l saw this very late,...just now!

.....ans l no be "Lawyer by qualification", by any stretch! grin
By law, the Notice can "start to take effect" immediately your Tenancy EXPIRES (in which case, the "contract" in place has expired).

broken down further, "the Notice" is a "PERIOD OF TIME" (say three months, depending on your type of Tenancy) through which you will have to look for another house and submit the Key to his house back to him.

That he gives you the notice "three months" before your Tenancy expires does not have any effect as it "does not take effect" from then.

It can only "start taking effect" when your Tenancy has expired or AFTER it has expired.

To do otherwise os to "negate" an already existing, binding legal contract.

Now, whether you are ready to "surrender tenancy" after the expiry of that "First Notice Period" is a matter of "choice and argument" by yourself and your Lawyer
.



It is not uncommon for Landlords to want to "inflate rent and get fresh agreement fee" by issuing quit notice to current Tenants! .....and the law is aware of this trend.

BTW, he cant give you a Months Notice when you are an "annual/ yearly Tenancy"!

The first Notice HAS TO BE 6MONTHS!

It will all boil down to how your Lawyer can "argue" this in court taking the view that "what exactly is the intention of the law with regards to Quit Notice"?

If l hold a subsisting Tenancy (a subsisting Legal Contract), can the Landlord use part of that period as his quit Notice, knowing that by Law, l am entitled to live unencumbered, during a valid Tenancy!
Does issuing a Quit Notice during that "valid Tenancy period" (if it is to take effect during that period) not translate to encumbering the Tenancy?

How would the 'law' view that situation and interpret it wrt "

"(4) Notice for tenants under subsection (1)(c),(d) and (e) of this section"?


Cheers,

Lastpage!
Re: Ejecting Tenants After 6 Months Notice Lapses: How Do I Do It? by fridayiwere: 8:18am On May 20, 2013
@lastpage,i have explained in this forum the position of law regarding issuance of quit notice during the pendency of the tenancy but you persist in advertising ignorance to people.people who ask life questions want informed answer. it is honorable not to dabble into technical issue when you don't know. The principle that guides giving of judgement in our courts is what is referred to as STARIS DECISIS i.e it must be decided according to the laid down statutory and case law.There are many judicial decisions by our superior courts interpreting similar provision to the effect that landlord can issue quit notice during the pendency of the tenancy. you can contact me for the authorities. contrary to what you think cases are not won by only the argument of a lawyer but in addition the judges consider the facts and the existing law.

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