Re: Ejecting Tenants After 6 Months Notice Lapses: How Do I Do It? by fridayiwere: 8:28am On May 20, 2013 |
What's ur take on dis issue? pls Comment. He threatened to throw my load out if I didn't comply with his new rent. Do have a case against him, if he eventually did? |
Re: Ejecting Tenants After 6 Months Notice Lapses: How Do I Do It? by Larriekay: 3:50am On Apr 22, 2018 |
2 lastpage:
Please let me chip in this: You CANNOT USE a tenants "contract period" as "Quit Notice" period. What do l mean? Lets assume Tenant has paid for a full year, January to December. Within those period, he is in a valid "Lease Contract" with you. He MUST enjoy that ONE YEAR without disturbance, that is the law. You cannot be "in contract" with a Tenant (jan - Dec) and then issue a Notice mid-way (July to December), The Tenant will simply ignore your notice 'cos it is INVALID. Your Notice can only be effective AFTER the contract has lapsed, i.e from January the following Year. Furthermore, After the six months and he refuses to leave, you will issue One Month, after one month, you will issue 7days , if he still refuses to leave, you will apply to the courts to recover your premises. This is when "conditions" to recover premises will come-in. See Below.
Your "iron-clad" contract can be unenforceable, if it is "illegal" a-priori! How cn you collect money for one year and make the Tenant sign (he will say under duress, mind you) a contract of eviction just six months into the contract? Its Null and Void ab-initio joor!
If the One year finishes and teh Tenant does not pay or renew his tenancy, after three Months, his Tenancy is "Determined at law" and he is entitled to only 7days Notice, after which you head to court for recovery.
If you are the one that is refusing to collect payment (on the basis that you have served him a quit notice)then this condition does not apply since he will simply go to "mediation centre" to inform them that he is trying to pay his Landlord and he is refusing to collect money. They will invite Landlord for "discussions" and would serve as witness in court, if need be, to show that you are the one who refused rent.
Assuming you gave valid notice (6, 1month and 7days) and he refuse to leave. You will argue in court that you need the flat for your son or personal use. This is a very valid argument. Others like renovation are difficult to prove. If court upholds your argument, they will still ask the Tenant "when he can reasonably move out". He will ask for another 3months!
At the end, he would move out but he will pay all outstanding rent sha. If he does not move out after that, court will order Bailiffs to move him out.
Please, dont ever do "self help" as a lot of people are suggesting here, especially in Lagos. I have seen a few Landlords get jail time for this, of recent. Things have changed so much and the era of "jankara Judgement" seems to be over. You cant even do the "impersonation" scam of hose years anymore now. Courts are wiser, tenants are smarter and rules are stricter! I hate to see a Landlord jailed by a tenant for issues like this! Any tenant that sublets your house is just silly because you can actually lock the house and direct the "new squatter" to deal with it, with he former tenant who sub-letted the place. Its not your headache, its between the two of them. No 'squatter' can sue you for a full year's rent since it is in the rent agreement that the house cannot be sub-let. Simples. I hope my contribution was useful to somebody.
Lastpage!
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Re: Ejecting Tenants After 6 Months Notice Lapses: How Do I Do It? by Blessingmoyo: 7:39pm On Sep 27, 2018 |
lastpage:
Please let me chip in this: You CANNOT USE a tenants "contract period" as "Quit Notice" period. What do l mean? Lets assume Tenant has paid for a full year, January to December. Within those period, he is in a valid "Lease Contract" with you. He MUST enjoy that ONE YEAR without disturbance, that is the law. You cannot be "in contract" with a Tenant (jan - Dec) and then issue a Notice mid-way (July to December), The Tenant will simply ignore your notice 'cos it is INVALID. Your Notice can only be effective AFTER the contract has lapsed, i.e from January the following Year. Furthermore, After the six months and he refuses to leave, you will issue One Month, after one month, you will issue 7days , if he still refuses to leave, you will apply to the courts to recover your premises. This is when "conditions" to recover premises will come-in. See Below.
Your "iron-clad" contract can be unenforceable, if it is "illegal" a-priori! How cn you collect money for one year and make the Tenant sign (he will say under duress, mind you) a contract of eviction just six months into the contract? Its Null and Void ab-initio joor!
If the One year finishes and teh Tenant does not pay or renew his tenancy, after three Months, his Tenancy is "Determined at law" and he is entitled to only 7days Notice, after which you head to court for recovery.
If you are the one that is refusing to collect payment (on the basis that you have served him a quit notice)then this condition does not apply since he will simply go to "mediation centre" to inform them that he is trying to pay his Landlord and he is refusing to collect money. They will invite Landlord for "discussions" and would serve as witness in court, if need be, to show that you are the one who refused rent.
Assuming you gave valid notice (6, 1month and 7days) and he refuse to leave. You will argue in court that you need the flat for your son or personal use. This is a very valid argument. Others like renovation are difficult to prove. If court upholds your argument, they will still ask the Tenant "when he can reasonably move out". He will ask for another 3months!
At the end, he would move out but he will pay all outstanding rent sha. If he does not move out after that, court will order Bailiffs to move him out.
Please, dont ever do "self help" as a lot of people are suggesting here, especially in Lagos. I have seen a few Landlords get jail time for this, of recent. Things have changed so much and the era of "jankara Judgement" seems to be over. You cant even do the "impersonation" scam of hose years anymore now. Courts are wiser, tenants are smarter and rules are stricter! I hate to see a Landlord jailed by a tenant for issues like this! Any tenant that sublets your house is just silly because you can actually lock the house and direct the "new squatter" to deal with it, with he former tenant who sub-letted the place. Its not your headache, its between the two of them. No 'squatter' can sue you for a full year's rent since it is in the rent agreement that the house cannot be sub-let. Simples. I hope my contribution was useful to somebody.
Lastpage!
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Re: Ejecting Tenants After 6 Months Notice Lapses: How Do I Do It? by Onyedelmagnifico: 9:31am On Apr 05, 2020 |
After mediation centre has given tenant a dead line to quit a given property, can the mediation centre forcefully eject such tenant in lagos state? |