First of all I will simplify the issue of a tenancy relationship for all of us to understand .

A tenancy relationship is usually created when a Landlord hands over exclusive possession of the property to tenant for an agreed period of time in return for money. At the expiration of the Tenancy period, the property reverts back to the Landlord.
Even though the property reverts back to the landlord, there is a laid down law / procedure which must be followed for a landlord to recover possession (get his property) from the tenant. In Lagos (where I live) the applicable law is the Lagos State Tenancy Law. This law applies to most of Lagos but however excludes some parts e.g. Ikoyi, Apapa, Victoria Island etc.
Oga lawyer, how can Oga Landlord Recover Possession From Tenant Konigba ?

The Two Major Ways Are

Notice to quit

This is a requirement for termination periodic tenancies ( eg the type you renew on a yearly basis). A notice to quit must contain the description of the premises, its location, the commencement and expiration of the Tenancy. The length of this notice and its content is dependent on the length of the tenancy in question. Section 13(1)Tenancy Law 2011 of Lagos State, which provides for the length of notice as follows:

a) Tenant-at-will (when you allow a tenant stay without payment): one week notice.
b) Monthly tenant: one month notice.
c) Quarterly tenant: three months notice.
d) Half yearly tenant: three months notice.
e) Yearly tenant: Six months notice (half a year).
This notice can be issued by Oga landlord, his lawyer or his agent. Previously, this notice, had to expire on the eve of the expiration of the tenancy, but the new Lagos State law provides that a six month notice does not have to expire on the eve.

Notice of Owner’s Intention to Recover Possession

This is a notice giving a tenant 7 days before you go to court to recover possession from him. The tenancy law of Lagos state provides that if you create a tenancy relationship for a fixed term e.g. If Oga landlord gives a house for two years ( let’s say January 2011 to January 2013) to Tenant Konigba , and the time expires, he does not have to give a notice to quit but he goes Straight to this 7 days notice.


So Oga lawyer, what do I do when I have given this notice to my tenant and he still refuses to live the house.

The next step is to sue the tenant to court. It is called an action for recovery of possession. You don’t hire the thugs or police men to pursue the tenant OOO . What happens is that you bring an action against Tenant Konigba in the Magistrate Court closest to the premises and wait for the law to take its course . This process may take anything from 6 months above.[/b][b][b][/b][b][/[[b][/b]b][/b]b]

How can a landlord secure his right on his property?


The first thing is to make sure a legal practitioner prepares the agreement between the tenant and the landlord. A lawyer knows the loop holes to put in the agreement to prevent the landlord from having many issues in trying to recover posession from the tenant. i agree that some landlords are bad however some tenants are worse.
Case sample

A

A Tenant has lived in a landlords house for 18 yrs, the landlord is late and all but one of the landlords children are abroad. The one resident in nigeria has sued the tenant for posession and the tenant claims that he owns the property. he also says that the land lord sold to him many years ago. Here is the problem. There is no tenancy agreement, there is no Sale Agreement. Land lord in question is late, there is no will . The case has been in court for four years already.

b

Another tenant has lived in a landlord’s house for two years. Landlord wanted to take two years rent but I advised against it because it is against the law. I also advised the land lord to give the tenant possession on a yearly basis. ie a fixed term. every year. The beauty of doing this is that if the landlord needs the property for any reason, he simply gives a 7 days’ notice of owners intention to recover possession and we go to court from there if the tenant . This is better than a periodic tenancy which attracts the 6 months notice.




Summary of all this discourse is that in any tenancy relationship secure your interest. BE YOU THE LANDLORD OR TENANT.

i don tire to type. if you need further clarification you can holla at me on 08163854109 or 32fcf253. BARRISTER MARK

Why so many landlord tenant threads nowadays.

@ Younglawaya. What if tenancy agreement says the tenant must renew rent rent 2 months before expiry per agreement signed and currently the tenant is in 4 months default after several email reminders and failed promises to pay! Can the landlord file the 7 day notice to recover possession plus disconnect services being enjoyed by tenant eg treated water,cleaning of tenant compound? I need your answers

Ok