If you have decided to vacate before your tenancy expires, you are entitled to a refund only when a tenant is found for the apartment.

In other words your tenancy will continue to subsist in the apartment until it is let to a new tenant. Once the place is let after you have vacated (and before the expiration of your tenancy) you are then refunded for the unexpired term.

So let's say you vacated 6 months to the end of your tenancy, you don't get a refund for the 6months unexpired term. The apartment has to be let to somebody else. If it takes 3 months to do that, then you get a refund for the remaining 3 months unexpired term.

This is how it happens; for example, if you have an unexhausted term of like 6monthd from a yearly tenancy, the agent in charge would source for tenant to occupy the property, the period taken to get a new tenant will be deducted from your tenancy i.e If it takes a month to get a new tenant, that'd be 6months + 1month = 7months. Then, you will be refunded on prorata (the 5months unused). This is legal, no form of subletting, it's a fresh lease and all necessary documents signed by the new tenant. The tenancy anniversary changes too.

JuanDeDios:
If you want to vacate a house when your tenancy has not expired, are you entitled to a refund of the unused amount (that is, the amount paid for the remaining months)?

only if the landlord served you with a quit notice........else you are on your own

JuanDeDios:
If you want to vacate a house when your tenancy has not expired, are you entitled to a refund of the unused amount (that is, the amount paid for the remaining months)?

In Nigeria, depending on your agreement with the landlord but in the U.S. It is either you pay more for moving out before expiration or you get sued.

If u are the landlord, will you refund??

Except in some villages ; I'm Emeka 7 (Forum Games champion 2011) I endorse ivyy for miss Nairaland Forum 2016 voting is 10:00 - 6:00 today thanks all you folks .

Firefire:


If in Nigeria, technically NO, but you might get a refund under certain conditions:

- If another tenant come let the apartment, you get your refund less the month(s) the apartment is not in use.

However, no Nigerian landlord will deep his hand in his treasury and refund you when you are the one terminating the tenancy agreement.

However, please read what you signed in your contract.

Bon Voyage.

Not all landlord are wicked

Not too long i relocated from an apartment in ikeja lagos which i have already paid 2years rent and have spent just 7months.

Was surprised when the landlord requested for my account details, i gave it to him and after 1month he refunded my balance of 17months

Yes na you will definately get a refund of the unuse months na

No refund

For where?

A friend of mine had an agreement with his landlady-to-be that she would use or give him 10k from the rent money to paint the apartment, but guess what?

She reneged on the agreement once the money was paid, citing another tenant that paid and still painted his own apartment.

A week later, my guy got angry and changed his mind on the accommodation and wanted his money back (for he got a better bargain elsewhere), three weeks after and counting she is yet to refund his money, saying the money would be refunded once she rents the apartment to another person.
Imagine that.

JuanDeDios:
If you want to vacate a house when your tenancy has not expired, are you entitled to a refund of the unused amount (that is, the amount paid for the remaining months)?

Tenancy is a "CONTRACT"!
If you break it "at will", you are not entitled to any refund.


It is at the discretion of the landlord, whether he wants to refund you or not.
It does not make him "Wicked or Good".
Ofcourse, you have the right to lock-Up the place till your rent expires.



Lastpage!

No

JuanDeDios:
If you want to vacate a house when your tenancy has not expired, are you entitled to a refund of the unused amount (that is, the amount paid for the remaining months)?

its not like you're asked to vacate, if the landlord is a good person he will refund if its been occupied, but most landlords dont except they were the ones that asked you to vacate

donifez:
Some do refund.

After the new tenant has paid.

Op, if you don't get a refund... Please and please lock up the apartment until your rent expires.

That's what I did in my previous house, and I told the landlady I kept 500k in the wardrobe, just for her information. Then, the PHCN bills for the 3 months it was locked up + 1 month of the month I was leaving (total 4 months) would have covered and surpassed the 7k debt I met on the meter when I moved in newly; and was cunningly made to pay.

1kinggy:


After the new tenant has paid.

Na so ooh

JuanDeDios:
If you want to vacate a house when your tenancy has not expired, are you entitled to a refund of the unused amount (that is, the amount paid for the remaining months)?

U may get a refund only if d landlord gets another tenant immediately

Depends on conditions and the person you are dealing with. But I don't think one has a case if one willingly decides to vacate such premises prior to expiration.

No you're not getting a dime from landlord. But if only he give it out b4 the expiration, you may get something.

eluquenson:
Property expert, food is ready

IMO it depends on what is stated on the tenancy agreement signed by the house owner and the tenant

No lawyer will prepare a tenancy agreement with that clause included because that will amount to importing non-legal instruments into a legally defined law. And I am surprised that some people are making it look like it's only in Nigeria that it's not possible.

Such agreements, although rare, can only be oral and subject to certain conditions like getting another willing tenant.

azpekuliar:
If you have decided to vacate before your tenancy expires, you are entitled to a refund only when a tenant is found for the apartment.

In other words your tenancy will continue to subsist in the apartment until it is let to a new tenant. Once the place is let after you have vacated (and before the expiration of your tenancy) you are then refunded for the unexpired term.

So let's say you vacated 6 months to the end of your tenancy, you don't get a refund for the 6months unexpired term. The apartment has to be let to somebody else. If it takes 3 months to do that, then you get a refund for the remaining 3 months unexpired term.

Your analysis was nice except for the use of the word ENTITLED. A tenant who willingly terminates his/her tenancy is not entitled for a refund according to law. It is the same way that a landlord/landlady who serves you a quit notice is not entitled to receive payment for a covered period, depending on your tenancy category.

More so, it is even at the discretion of the landlord to either accept or reject the new tenant introduced by you subject to his/her considerations. This is because, although the apartment/property belongs to you until expiration, you are NOT ALLOWED to sublet.

So, you have the power to lock it up and hold the keys until the expiration of your tenancy. And nobody has the right to enter therein without your permission.

histemple:


Your analysis was nice except for the use of the word ENTITLED. A tenant who willingly terminates his/her tenancy is not entitled for a refund according to law. It is the same way that a landlord/landlady who serves you a quit notice is not entitled to receive payment for a covered period, depending on your tenancy category.

More so, it is even at the discretion of the landlord to either accept or reject the new tenant introduced by you subject to his/her considerations. This is because, although the apartment/property belongs to you until expiration, you are NOT ALLOWED to sublet.

So, you have the power to lock it up and hold the keys until the expiration of your tenancy. And nobody has the right to enter therein without your permission.

Thank you for your contribution. Indeed according to the law (The Lagos State Tenancy Law for the purpose of this discussion) there is no section that states that a tenant is entitled to a refund of the unexpired term. It is a contractual thing between the landlord and the tenant.

However, I do not understand the part of your post where you say the landlord is not entitled to any payment (rent) from the tenant for a period having issued the tenant a Notice to Quit. I will like you to shed more light on this.

Firefire:


If in Nigeria, technically NO, but you might get a refund under certain conditions:

- If another tenant come let the apartment, you get your refund less the month(s) the apartment is not in use.

However, no Nigerian landlord will deep his hand in his treasury and refund you when you are the one terminating the tenancy agreement.

However, please read what you signed in your contract.

Bon Voyage.

sorry, I a situation where you know u not gonna stay for one full year, will d landlord accept half year payment? Dats 6 months if ur sure u will pack out b4 d 6months expires?

NO

SUPOL:
sorry, I a situation where you know u not gonna stay for one full year, will d landlord accept half year payment? Dats 6 months if ur sure u will pack out b4 d 6months expires?

It depends on your original 'tenancy agreement', if you sign yearly rent, you have to abide by that and pay for full year rent as stipulated in the agreement.

However, if you know you will not stay up to a year, you can approach it the Nigerian way: don't pay when your rent expires and form you don't have the money... until you are 4 months gone into the year, you then pay six months, use another two months and pack out.

I will not advise you use a complete six months without paying by hiding under the Lagos law of 'Six Months Grace' for yearly tenant and 3 Months Grace for half-yearly tenant.

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-
(a) a week’s notice for a tenant at will;
(b) one (1) month’s 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 months notice for a yearly tenant

Please refer to the Lagos State Tenancy Law 2011 in the below link:

http://www.nigeria-law.org/Legislation/Laws%20of%20the%20States/Lagos%20State/Tenancy%20Law%202011..pdf

azpekuliar:


Thank you for your contribution. Indeed according to the law (The Lagos State Tenancy Law for the purpose of this discussion) there is no section that states that a tenant is entitled to a refund of the unexpired term. It is a contractual thing between the landlord and the tenant.

However, I do not understand the part of your post where you say the landlord is not entitled to any payment (rent) from the tenant for a period having issued the tenant a Notice to Quit. I will like you to shed more light on this.

Read my response here and follow the link if necessary... https://www.nairaland.com/3186133/vacating-house-before-tenancy-expires/1#46913102

Firefire:


It depends on your original 'tenancy agreement', if you sign yearly rent, you have to abide by that and pay for full year rent as stipulated in the agreement.

However, if you know you will not stay up to a year, you can approach it the Nigerian way: don't pay when your rent expires and form you don't have the money... until you are 4 months gone into the year, you then pay six months, use another two months and pack out.

I will not advise you use a complete six months without paying by hiding under the Lagos law of 'Six Months Grace' for yearly tenant and 3 Months Grace for half-yearly tenant.

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-
(a) a week’s notice for a tenant at will;
(b) one (1) month’s 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 months notice for a yearly tenant

Please refer to the Lagos State Tenancy Law 2011 in the below link:

http://www.nigeria-law.org/Legislation/Laws%20of%20the%20States/Lagos%20State/Tenancy%20Law%202011..pdf

wow, thanks so much.
But I state in Edo state not Lagos state. Does d same law apply also in Edo state?

azpekuliar:


Thank you for your contribution. Indeed according to the law (The Lagos State Tenancy Law for the purpose of this discussion) there is no section that states that a tenant is entitled to a refund of the unexpired term. It is a contractual thing between the landlord and the tenant.

However, I do not understand the part of your post where you say the landlord is not entitled to any payment (rent) from the tenant for a period having issued the tenant a Notice to Quit. I will like you to shed more light on this.

Thank you. I was referring to a general application of tenancy laws as regards determination of tenancy, but since you are apparently in Lagos State, let me answer you accordingly.

First, there is a distortion in certain sections of the amended Lagos State Tenancy Law 2015. For example, chapter 4 says it is unlawful and punishable for a landlord to demand a tenancy payment of more than 3months, just as it is for a tenant to pay such.

Based on the foregoing, you can't even approach the court if you are not a quarterly tenant.

But chapter 7, section 12 (d & e) went further to discuss length of quit notice bothering on half and yearly tenancy. This is the vague distortion.

Now to answer your question directly, the proper thing to do is for the landlord to issue a quit notice that will elapse upon the expiration of your rent. Otherwise any quit notice given upon the expiration of your rent, the landlord will not be entitled to any payment for the period covered by law (refer to chapter 7 section 12). Except he/she can prove that you were in arrears for certain period before the notice.

What this means is if your rent has expired and you didn't renew your rent or vacate the property, you must have to pay for the period you occupied that property before the notice.

histemple:


Thank you. I was referring to a general application of tenancy laws as regards determination of tenancy, but since you are apparently in Lagos State, let me answer you accordingly.

First, there is a distortion in certain sections of the amended Lagos State Tenancy Law 2015. For example, chapter 4 says it is unlawful and punishable for a landlord to demand a tenancy payment of more than 3months, just as it is for a tenant to pay such.

Based on the foregoing, you can't even approach the court if you are not a quarterly tenant.

But chapter 7, section 12 (d & e) went further to discuss length of quit notice bothering on half and yearly tenancy. This is the vague distortion.

Now to answer your question directly, the proper thing to do is for the landlord to issue a quit notice that will elapse upon the expiration of your rent. Otherwise any quit notice given upon the expiration of your rent, the landlord will not be entitled to any payment for the period covered by law (refer to chapter 7 section 12). Except he/she can prove that you were in arrears for certain period before the notice.

What this means is if your rent has expired and you didn't renew your rent or vacate the property, you must have to pay for the period you occupied that property before the notice.

Is a quit notice issued by a landlady herself recognized by the law or does she have to use a lawyer? Reason for this question is that I reside in New Bodija Estate, Ibadan and my landlady is a devil to say the least. I renewed my tenancy for this year in first week of March 2016 and that's to cover me precisely till 2nd March, 2017. Towards end of April 2016 there was a disagreement between us due to her excesses which I couldn't condone any longer and on 24th May 2016, she verbally told me that I should quit by the expiration of my tenancy on 2nd March, 2017; she later put it in writing all by herself (a hand written letter dated 15th June, 2016). Bro, I'm fuming real hot and really wanna deal with this woman, I really wish to teach her a great lesson of her life such that she will learn to treat subsequent tenants after me with respect. My plan is to approach a lawyer later this year let's say by September and get guidance on how to deal with her. In fact, I am planning to stay 6mnths+ after the expiration of my current tenancy without paying her a dime, please advice.

JuanDeDios:
If you want to vacate a house when your tenancy has not expired, are you entitled to a refund of the unused amount (that is, the amount paid for the remaining months)?

There are several answers to the question depending on the reason why you are vacating the apartment.

1. If you are vacating the apartment because you were given a notice to quit by your landlord, you are entitled to refund of the outstanding months.

2. If you are vacating on your own free will, two scenarios may come to play.
a. If there is a tenancy agreement, there tenancy agreement may provide for what will happen when one of the parties voluntarily terminates the tenancy.
b. Where there is no tenancy agreement or the tenancy agreement is silent on such issue, the tenant who is voluntarily terminating the tenancy may negotiate with the landlord as to what the landlord will refund.

3. Where the Landlord refuses to refund, the tenant is at liberty to retain the possession of the said property

Yes but on condition that you wait until another new tenant occupied the place and more you would loose a Month rent.

no way..the landlord should use the outstanding for repair and damages

even when there is none