There is this my neighbor who is currently in court with his landlord for giving him quit notice before his rent expired. He argues that his rent must expire before the landlord can give him quit notice.
Pls house especially lawyers in the house help me. i dont know much about this. when is quit notice to be given and for how many months is it suppose to be slammed?
thnx

was the landlord paying his rent up to date?

Isn't everything outlined in the tenancy agreemeny? check that document.

For yearly tenants, stipulated law says 6 mths quit notice
Monthly tenants - 7 days notice

But if the agreement stipulates otherwise, it's what's in the agreement that would follow, except his lawyer intelligently capitalizes on equity.

That is why we advise that prospective tenants shouldn't rush into signing tenancy agreements because they are in a hurry to move into a house. Take your time and read the terms and conditions line by line before commiting your signature. Where you dont understand, ask a learned fellow or an estate surveyor to explain to you in clear terms. Note: Dont mistake an estate surveyor for an agent o. I mean no insult, though. If any clause seems to work against you, ask that it be removed, that's why it is called an agreement. You dont sign what you dont agree with.

Depends on what is written in tenancy agreement,but by implication its suppose to be 6months notice

six months from the day of expiration. I relish that.

Everything shld be stated in the tenancy agreement.

"six months from the day of expiration. I relish that."

I believe it should be SIX MONTHS TO THE EXPIRATION OF THE TENANCY

A yearly tenant-6 month notice starting from the first anniversary till the last-if your tenancy commenced on the 24th of November,2009(i.e the date stated in your receipt as the starting date) then a quit notice in order to be valid has to expire on the 23rd of any given month if the tenancy was a monthly tenancy.

If on the other hand, he is a yearly tenant then the quit notice has to expire on 23rd of November,2010 before the landlord would ten give a 6 months notice starting from the 1st of December,2010 to 30th of may,2011.

During the period which a quit notice was given, you would be paying what is called MESNE PROFIT and not RENT to your landlord for the period you would be staying searching for another house

6 months tenant-3 months notice-starting from the first anniversary till the last

Monthly tenant-1 week notice

be you a yearly or monthly tenantand you refused to pay your rent for over some months, you would then become a tenant at will and a 1 week notice would be issued to you and your are gone

We MUST in Nigeria always tell the supposedly landlord with his so called lawyer what they do not want to hear, they capitalised on our(Nigerians) ignorance of the law to deal with their victims.


Enlighten yourselves more on this website: http://lexprimus.com/Publications/Quit101.pdf

erastus75:

A yearly tenant-6 month notice starting from the first anniversary till the last-if your tenancy commenced on the 24th of November,2009(i.e the date stated in your receipt as the starting date) then a quit notice in order to be valid has to expire on the 23rd of any given month if the tenancy was a monthly tenancy.

If on the other hand, he is a yearly tenant then the quit notice has to expire on 23rd of November,2010 before the landlord would ten give a 6 months notice starting from the 1st of December,2010 to 30th of may,2011.

During the period which a quit notice was given, you would be paying what is called MESNE PROFIT and not RENT to your landlord for the period you would be staying searching for another house

6 months tenant-3 months notice-starting from the first anniversary till the last

Monthly tenant-1 week notice

be you a yearly or monthly tenantand you refused to pay your rent for over some months, you would then become a tenant at will and a 1 week notice would be issued to you and your are gone

We MUST in Nigeria always tell the supposedly landlord with his so called lawyer what they do not want to hear, they capitalised on our(Nigerians) ignorance of the law to deal with their victims.


Enlighten yourselves more on this website: http://lexprimus.com/Publications/Quit101.pdf

thanks for the enlightenment. but i thought it was 6 months b/4 the tenants rent expires and not after.

i must be given @ least 90 days notice before i leave

stede:

i must be given @ least 90 days notice before i leave

Hello Sir, if you are a yearly tenant, the landlord according to law guiding tenant and landlord relationship stipulates that you should be given 6 months notice and not the 3 months you are glamouring for.

RICHIE BOI:

thanks for the enlightenment. but i thought it was 6 months b/4 the tenants rent expires and not after.

You are welcome though I am not a lawyer, the little I learnt while doing the borrowed courses stuff in school

Depending on the Tenant, 6 month.

these contributions here don give me more power now.chei i go finish my late landlord's agent n their lawyer wey dey threaten me ,

am in same shoe with the man here

my landlord has threat to issue me quit notice today or this week,he  accuse me of using generator over d nite and anytime i like, i make a lot of noise, all because i refuse him to trap power/light from my meter

he has been abusing me since yesternite

DON FASZY:

am in same shoe with the man here

my landlord has threat to issue me quit notice today or this week,he  accuse me of using generator over d nite and anytime i like, i make a lot of noise, all because i refuse him to trap power/light from my meter

he has been abusing me since yesternite

Why You too dey do I PASS MY Neighbour(Landlord)

Great responses here. thanks everybody that responded. Am really getting awareness here. keep rolling the responses in while we grab the knowledge . God bless NL.
thnx

when you shag his wife ;d

your neighbour no dey pay house rent, ? i op u're not treading his path, because telant go do same to u wen u build ur house oh,
as for the case? i no be lawyer,

Alright folks, lets not get too excited. Try and make peace with your landlord if your relationship with him is frosty because the Landlord can make your life sooooo legally miserable in more ways your lawyer can imagine.

This is the law:

A yearly tenant is entitled to 6 months' notice to quit.
A half-yearly tenant is entitled to six months' notice.
A monthly tenant is entitled to a month's notice.
A weekly tenant is entitled to a week's notice.

These are the rules. The exception comes in in the tenancy agreement where the parties may stipulate any length of notice between themselves. If you as a yearly tenant sign a tenancy agreement which says your tenancy may be terminated by a month's notice, it becomes binding on you. If as a monthly tenant, your tenancy agreement stipulates that you will be given 6-months' notice, your landlord is bound by it.

A quit notice may be given before or after the expiration of your tenancy. If for instance your tenancy runs from January 2009 to Decemebr 2009, your landlord is entitled to give you a six-month's quit notice sometime in June 2009 to coincide with the termination of your tenancy in December 2009. He is equally entitled to give you the six-month's notice anytime thereafter, so long as the notice does not terminate the tenancy midway. The law as stated by a recent Supeme Court case is that your landlord does not have to give you the notice to coincide with the expiration of your tenancy. He can give you the notice anytime before or after the expiration so long as he complies with the statutory requirement on the length of notice.

That is the law!


These issues were dealt with extensively in this book, KNOW YOUR RIGHTS AS A TENANT.

@ richieboi, . What kind of borrowed course will teach you the law of landlord and tenant?
@emiboy not yet uhuru 'six month ' as the law stipulates is normally before the tenancy expires and it should terminate on what is called the "eve of the anniversary of the tenancy. Not after the tenancy expires.
@ Ednut you really tried but, their much more in the exceptions to the rules than is in the rule itself.
Generally i would say in everything you do { except when making babies naturally} PLEASE TALK TO A LAWYER. and there's a whole lot of us everywhere these days
Beside, we have been treating the right lenght of notice to be given not 'when it is right to give notice as the topic suggested.
Now therefore, the right time to give quit notice includes but is in no way limited to the following when :
, the tenancy expires, either by operation of law
, or effluxion of time,
where there is a fundamental breach of the term in the tenancy agreement, or
, where there is a breach of a fundamental term of the agreement ,
the list goes on and on

@erastus
Pls cud u throw more light on what u mean by MESNE PROFIT

Austin234:

@erastus
Pls cud u throw more light on what u mean by MESNE PROFIT

Mesne profit is a term used for the money you would be paying to your landlord after he might given you a quit notice(during the time you would be searching for another house)

@ eractus 75, THANKS 4 UR ENLIGHTENMENT. I REALLY APPRECIATE IT

Pls what is d implication of not signing an agreement?
Well,he gave me quit notice about my 1-year anniversary.i blanked it as if it wasnt existing, d worst d frustrated man decided 2sieze d whole building water cos a tenant refuse 2vacate his apartment.

until the house rent got finished

It depends on the policy.

@erastus

i think the position of the laws is clear when it comes to tenancy aggreement. what ever is contained in the agreement signed by both parties is binding, but failing thus, one will result to the position of the law which is for tenants at will,

Yearly tenants are given 6months notice to quit which is to expire on the eve of the anniversary
half year tenants are given 3 months notice to quit.
monthly tenants are given 7 days notice to quit

At this juncture it should be noted that the procedure to be followed FOR SERVICE IS, after serving the notice to quit, then the tenant will be served with a 7days notice of landlord's intention to recover property.

@SSN

What you're doing is wrong, comining to a site like nairaland to denigrate lawyers and classify them as greedy is wrong, yes we have greedy lawyers but that does not mean you should hype urslf as a christian an belittle others.
Also whether a lawyer over charges or under charges he is left to his own discretion, his bill must not be in pari-pasu with others,his professional fees is his discretion. i wont charge a common man the same thing i will charge a minister as the transaction dynamics may differ.

ssn, doesnt pasting advert on the site go against rules of professional conduct, dont worry is subtle