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Nairaland Forum / Nairaland / General / Properties / Will A Tenant Pay During His 3 Or 6 Months Quit Notice? (70289 Views)
Quit Notice To A Tenant / Help My Land Lady Give Me 3 Months Quit Notice While My Rent Is Till Running / Our Tenant Refuses To Vacate Our Apartment After About 10 Months Quit Notice! (2) (3) (4)
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Re: Will A Tenant Pay During His 3 Or 6 Months Quit Notice? by valentineuwakwe(m): 9:13am On Nov 09, 2017 |
Crownofwealth: make Sango strike your poverty stricken life. . .fool! |
Re: Will A Tenant Pay During His 3 Or 6 Months Quit Notice? by teemy(m): 9:16am On Nov 09, 2017 |
Oblongata: On the contrary it does not work like that. That tenant is just deceiving himself. Any period of time used would be paid for. The court will calculate his debt, have him pay and have him leave. All you need to do for an owing tenant is provide him with a SEVEN DAYS NOTICE before you proceed to the magistrate court to get an order for repossession and rent recovery. Depending on where you live, like in my area here it only takes no more than two weeks. Ask the probable time from the court registrar. You do not even need a lawyer to file it but ensure you have all proof in triplicates before the court date and ensure there is no loophole the tenant that try to twist things. (provide video or audio recordings showing the tenant boasting of having the money and not wanting to pay to nail his coffin with - be discrete in obtaining this). One lesson and all the other tenants will fall in place. By the way, you can serve a quit notice to your tenant right from the day they move in and let them know you would present it in court and it comes into effect should they default by due date. 12. Length of Notice (1) Where there is no stipulation as to the notice to be given by either party to determine the tenancy, the following shall apply (a) a weeks notice for a tenant at will; (b) one (1) months notice for a monthly tenant; (c ) three (3) months notice for a quarterly tenant; (d) three (3) months notice for a half-yearly tenant; and (e) six (6) months notice for a yearly tenant. (2) In the case of monthly tenant, where he is in arrears of rent for three (3) months, the tenancy shall be determined and the Court shall make an order for possession and arrears of rent upon proof of the arrears by the landlord. (3) In the case of a quarterly or half-yearly tenant, where he is in arrears of rent for six (6) months, the tenancy shall be determined and the Court shall make an order for possession and arrears of rent upon proof of the arrears by the landlord. (4) Notice of tenants under subsection (1) ( ), (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. (5) In the case of a tenancy for a fixed term, no notice to quit shall be required once the tenancy has been determined by effluxion of time and where the landlord intends to proceed to Court to recover possession, he shall serve a seven (7) days written notice of his intention to apply to recover possession as in Form “TL4” in the Schedule of this Law. (6) The nature of a tenancy shall, in the absence of any evidence to the contrary, be determined by reference to the time when the rent is paid or demanded. The one month notice, three months and six months in the subsection 1 above applies in cases when you guys did not determine when tenancy ends. If any tenant is owing and you determined the end of tenancy contract beforehand, all you need is the Seven Day Notice. Serve him and when he lands in court, watch his bubble burst when the magistrate corrects him 8 Likes 2 Shares |
Re: Will A Tenant Pay During His 3 Or 6 Months Quit Notice? by kachi105(m): 9:19am On Nov 09, 2017 |
Uve been giving opportunity to look for another apartment during dis period u dont pay a dime to your land. If u pay ur rent monthly u will be given one month notice If u pay ur rent every six month u will b given 3 month notice And if u pay yearly u will b given 6 month. Do not give any landlord money during dis periods... 1 Like |
Re: Will A Tenant Pay During His 3 Or 6 Months Quit Notice? by valentineuwakwe(m): 9:19am On Nov 09, 2017 |
lordyugo: thanks for your advice, the guy rent runs yearly and will expire by Feb 02, 2018 but by April of this year he had issues with his landlord over generation position and the landlord issued him notice to quit by Feb 02, 2018 when his rent will expire. .he showed me the letter and I was amazed cos I was expecting to see quit notice of say 3 or 6 months starting from when his rent will expire by Feb 02, 2018. . .dats why I put up the thread on nairaland. .what the difference between notice to quit and quit notice? besides why serve him notice to quit when he is just 2 months to the new rent he paid.....need some clarifications. thanks 1 Like |
Re: Will A Tenant Pay During His 3 Or 6 Months Quit Notice? by Seankay323: 9:32am On Nov 09, 2017 |
Some landlords are wicked too o, my brother paid rent of almost 1 mil and landlord didn't provide electricity for that year it got disconnected from the source due to disagreement between another neighborhood. Do u expect him to pay again for another year without compensation? He too has the right to not pay for one year or at most 6 months due to no electricity. |
Re: Will A Tenant Pay During His 3 Or 6 Months Quit Notice? by valentineuwakwe(m): 9:34am On Nov 09, 2017 |
valentineuwakwe: thanks for all your comments. .the full story goes this way and I think you guy can advice promptly. .a friend came to me and showed me a notice to quit from his landlord and I was surprised to see the caption instead of quit notice. .the funny thing is that his rent will expire by Feb 2, 2018 and because he had issues with the landlord over where to place his generator, the guy issued him a notice to quit by April 2017, just two months of renewing the yearly rent..now am asking is quit notice not meant to be given after the expiration of the annual rent of my friend? and what's the different between notice to quit and quit notice? is the landlord right to have given my friend the said notice of quit instead of quit notice when his rent is still running? some advice needed. . .cos my friend is bent on asking the landlord to give him quit notice officially instead, while me I am advising him to avoid all this landlord wahala n pack out before Feb 02 when his rent will expire n look for another flat...what do you think? 1 Like 1 Share |
Re: Will A Tenant Pay During His 3 Or 6 Months Quit Notice? by onunwa21(m): 9:36am On Nov 09, 2017 |
Timoleon: You re very correct dear. 2 Likes |
Re: Will A Tenant Pay During His 3 Or 6 Months Quit Notice? by teemy(m): 9:36am On Nov 09, 2017 |
valentineuwakwe: Ten months is a long time and things could still change between them and the landlord might not enforce the quit notice. Normally, landlords who know the law would give you a quit notice within a period that your rent runs so that they do not lose out on any month. It is however a totally different thing if the tenant was owing and all that is needed is SEVEN days notice and after which the tenant has to leave and pay up any outstanding debts. Your friend however does not fall into this category. Let him just peacefully use out his allotted time. No free ice-cream for him, sorry. 2 Likes |
Re: Will A Tenant Pay During His 3 Or 6 Months Quit Notice? by mfm04622: 9:50am On Nov 09, 2017 |
valentineuwakwe: 1 Like |
Re: Will A Tenant Pay During His 3 Or 6 Months Quit Notice? by mfm04622: 9:51am On Nov 09, 2017 |
Lilipawpaw: For the house you live in. 1 Like |
Re: Will A Tenant Pay During His 3 Or 6 Months Quit Notice? by eagleeye2: 9:52am On Nov 09, 2017 |
Partnerbiz:You were the only one that mentioned Mesne profit. I was already thinking that Nairalanders are daft. Back to topic. A landlord does not run a charity home. So any day spent in his premises is meant to be paid for and no court in Nigeria will ask a tenant not to pay. Mesne profit is the money you pay to your landlord for the duration of your quit notice or while you are in court trying to get more grace period or while looking for another place to stay. 4 Likes 2 Shares |
Re: Will A Tenant Pay During His 3 Or 6 Months Quit Notice? by Timoleon(m): 9:59am On Nov 09, 2017 |
onunwa21:aiit. |
Re: Will A Tenant Pay During His 3 Or 6 Months Quit Notice? by mastro: 10:04am On Nov 09, 2017 |
I guess I'm lucky not to have members of Nairaland as tenants, so una want de live for person house for free abi, better go read your tenancy agreement. Small time they will be calling Evans criminal. 1 Like |
Re: Will A Tenant Pay During His 3 Or 6 Months Quit Notice? by nuclearboy(m): 10:08am On Nov 09, 2017 |
Should you have access to water, electricity and a roof, because you got a quit notice? If no, then you shouldn't pay. If you are using and enjoying his facilities (including having his roof over your head), then why shouldn't you pay? |
Re: Will A Tenant Pay During His 3 Or 6 Months Quit Notice? by Oblongata: 10:19am On Nov 09, 2017 |
teemy:you are my hero for this, chai I don suffer, house way I build for over 10 years na him I no go reap? Thank you sir 1 Like |
Re: Will A Tenant Pay During His 3 Or 6 Months Quit Notice? by Surefire1: 10:21am On Nov 09, 2017 |
No. You dont need to pay since you have been given notice. 6 months notice for a yearly tenant 3 months notice for a half year tenant 1 month notice for a monthly tenant. The worst still get a lawyer. |
Re: Will A Tenant Pay During His 3 Or 6 Months Quit Notice? by Rubyventures: 10:26am On Nov 09, 2017 |
So you mean a landlord will spend his hard earned cash to build a house for someone to come and stay free of charge. No wonder property investment in Nigeria is one big joke. |
Re: Will A Tenant Pay During His 3 Or 6 Months Quit Notice? by stallionng: 10:33am On Nov 09, 2017 |
except the landlord is an illiterate or dosn't know his rights.you must pay to the last kobo. he will ask for mesne profit equivalent to the house rent,so don't go creating opportunities for quit notice to be served you 1 Like |
Re: Will A Tenant Pay During His 3 Or 6 Months Quit Notice? by lordyugo: 10:56am On Nov 09, 2017 |
valentineuwakwe: A notice can be issued even when the rent is still subsisting but it must be timed to rhyme on the eve of the rents expiration, which in this case should be on the eve of feb 02 2018, if there was no tenancy agreement bw both of them as to how long the notice will be then tenancy laws applies which is 6months for a yearly tenant. Remember 6months notice only applies if there was no express agreement bw both parties in writing as to how long the notice will be. So d landlords timing of d duration of the notice is wrong cos the notice should hv been from sept. Notice to quit means the landlord wants or has the intention to initiate an action in the court to evict a tenant Quit notice means the court hv already passed a judgment to evict a tenant. Dont believe the position of a gen warrants enuf justification to evict a tenant unless mayb to prevent structural damage, Health reasons cos of the fumes Etc Eventhough a landlord has the right to evict but it must be on reasonable grounds, Did ur friend sign any tenancy agreement? If yes let him go through it again. Cheers 2 Likes |
Re: Will A Tenant Pay During His 3 Or 6 Months Quit Notice? by valentineuwakwe(m): 11:31am On Nov 09, 2017 |
lordyugo: no tenancy agreement was signed between them. .besides he said the landlord wants him to place his generator at an unprotected backyard while he has a well protected varanda. .others do put their on their varanda so i was amused about his case. .well there were other issues but I see the landlord is envious of his development strides in his compound. . .so I advice him to shun all wahala and park out before Feb 02, 2018. .thanks. .I will show or tell him all ur inputs here...tanks |
Re: Will A Tenant Pay During His 3 Or 6 Months Quit Notice? by uniqueflash(m): 12:40pm On Nov 09, 2017 |
Spaxon:u get mouth sha 1 Like |
Re: Will A Tenant Pay During His 3 Or 6 Months Quit Notice? by Bbdealer(m): 1:59pm On Nov 09, 2017 |
With the comment i see here i doubt there are landlords or owners of properties on this thread. A reasonable person should know that your staying in a property during quit notice is not free. Its only ignorant and uneducated people that feel it is free and would not pay for the quit notice period. Even in Nigerian tenancy law payment should be made during the duration of quit notice 1 Like 1 Share |
Re: Will A Tenant Pay During His 3 Or 6 Months Quit Notice? by lordyugo: 2:17pm On Nov 09, 2017 |
valentineuwakwe: Yea advice him on that,maybe get another accommodation soonest and ask for a refund from the landlord for the remaining months. Nigerian judicial system is really slow and frustrating, always advice ppl to try and avoid it unless your back is against the wall and no other options. Cheers 1 Like |
Re: Will A Tenant Pay During His 3 Or 6 Months Quit Notice? by kelly72: 2:55pm On Nov 09, 2017 |
I am appalled at the depth of ignorance the Nigerian youth is sick of. So this ignorance is real? So up till now you have not read smething as simple as the tenancy laws of the State you live in. Anyways, many of you are squatters who sleep on the floor, or you live under the bridge, or taking refuge in a church or are even being housed and fed by parents as a jobless 30 yr old No wonder politicians know their children will take over and rule the olodos on Nairaland forever. As for the poster, the purpose of notice to quit is to inform you that the landlord wants you out in 3 or 6 months or as the case may be, so that you can spend that time looking for an alternative. No law requires the landlord to become a philantropist during that time. If you think the period should be for free, then answer these. If you receive a quit notice; 1. Do you eat? Is the food for free? 2. Do you transport or buy fuel? Which comes free? 3. Do you make calls? You get vouchers free? 4. D you get free beer at the bar? A year ago I gave one of my tenants the shocker of his life My client built the 6 flats in 2012 and all tenants moved in same time. This particular one became a problem within one year. He fought two other tenants, the security guard, the landlord and even myself. 6 months before expiration of his rent I served him quit notice. He boasted he would live there for 3 years and move away not paying. Then I sued him at the Rent Tribunal. He and his lawyer came once and thereafter stayed away. Happily but patiently, I argued my case and after two years I got jugdment. The court ordered him to pay the N1.8 million rent arrears including the six months notice period and quit within one month. I refused to let him know about this until the one month had elapsed, then I reported back to court that he neither paid nor quit and applied for an eviction order. After listening, the magistrate granted my prayers. The eviction order was to throw everybody found in that flat outside the gate and bring all his property including his car to the court so that it could be auctioned to pay his gbese. Then I liaised with the Sheriff and Police and after approval, a date was picked. He had dressed up for work that day when we arrived at 6.am Suddenly, the strong man was running helter skelter, kneeling before me, calling to beg the landlord, asking people to intervene etc. We as he was doing this, the dutiful sheriff were busy bringing down all his property and loading them in the truck To cut it short, that was how a deputy manager was left stranded outside the gate as the truck drove off and his Jeep followed. 3 weeks later, he went to the Sheriff section and paid N1.8 million to to redeem his property and the call me to come take my money. So be careful. Don't listen to the dumbos who tell you here "It is free naa" If your landlord hire me peren, I will castrate you oo. 16 Likes 1 Share |
Re: Will A Tenant Pay During His 3 Or 6 Months Quit Notice? by Rubyventures: 3:55pm On Nov 09, 2017 |
kelly72: Now you are speaking my language 1 Like |
Re: Will A Tenant Pay During His 3 Or 6 Months Quit Notice? by valentineuwakwe(m): 5:09pm On Nov 09, 2017 |
kelly72: you are so funny and you talk from a landlord point of view poo..well from what I sense in all of these, my friend landlord is just envious of him and could not stand his intimidation in terms of development. . how can someone whose rent is yet to expire, you serve him a notice to quit your house because you don't want him to put his generator in his varanda. .you want him to be carrying it out at the backyard day and night when its time to switch it on. .well, I advice him to staycalm and just park out. .wahala no good and its does not pay. .I have shown him all the inputs here and am happy seun put it up on front page. . .may God bless u all www.valentine202.com |
Re: Will A Tenant Pay During His 3 Or 6 Months Quit Notice? by Spaxon(f): 8:56pm On Nov 09, 2017 |
uniqueflash: |
Re: Will A Tenant Pay During His 3 Or 6 Months Quit Notice? by Ikville(m): 7:30pm On Nov 11, 2017 |
A tenant is obliged to pay the landlord for the whole period he is under notice to quit. Notices to quit are usually issued in the last 3/6 months before the termination of of the tenancy agreement, so in other words, a tenant is put on notice to quit prior to the expiration of his house rent. In cases where the quit notice extends beyond his tenancy, he is obliged to pay for the extended period, except the landlord deliberately concedes the house rent to the tenant from the goodness of heart. 2 Likes |
Re: Will A Tenant Pay During His 3 Or 6 Months Quit Notice? by mail4henry89(m): 3:17am On Mar 19, 2019 |
Please call me let's talk. Are you in Lagos? 08034840573 kelly72: |
Re: Will A Tenant Pay During His 3 Or 6 Months Quit Notice? by debssy(m): 4:35pm On May 19, 2019 |
A friend of mine is on a yearly tenancy but since she moved in her bedroom had water coming out underneath as a result of poor plumbing in the house which she complained and they the developer refused to fix till her rent was due. They came to request for rent and she told them she won't renew till they fix the water coming out of the bedroom that have damaged almost all her things. They pleaded that they need money to fix it, she then opt to pay for 6months renewal and if they able to fix the leakage she would balance. They came to hurry do a semi repair that didn't work and next thing they served her a quit notice with a grace of only one month after her rent due. My question is can she challenge this in court?. And they came requesting for the rent balance and she told them the place is still like that and until they do the needful she won't pay. So those it mean the quit notice they brought was illegal because why already serve quit notice and still want to collect rent. |
Re: Will A Tenant Pay During His 3 Or 6 Months Quit Notice? by SoldierPikin: 10:19pm On Oct 23, 2019 |
kelly72:I need your services. How do I get in touch? |
Re: Will A Tenant Pay During His 3 Or 6 Months Quit Notice? by techtayo: 10:15pm On Nov 02, 2019 |
SoldierPikin: What is the position of the law, in a case where the erring tenant packs all his things and absconded from the house with rents owed, and you are able to locate his hideout. How does the landlord recover his rent here, 1 Like 1 Share |
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