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Unlawful Ejectment Or Recovery Of Landlord's Property By Self-help (or Thugs) - Properties - Nairaland

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Unlawful Ejectment Or Recovery Of Landlord's Property By Self-help (or Thugs) by Anderlis(m): 2:04pm On Mar 22, 2017
The Recovery of Premises or the Rent Control and Recovery of Residential Premises Laws all over Nigeria, is to ensure
that if a tenant should be ejected from the Landlord's property, it must be according to the law.

1. Any landlord or Agent who demolishes, alters or modifies a building in order to force a tenant out of his rented accommodation, without an order of court, can be punished with imprisonment or fine or both.

2. A tenant can claim damages against the landlord who throws away his belongings or goods, with false affidavit that the tenant has abandoned his flat or shop.

3. Abatement notice from government to landlord to repair or demolish his building is not enough to force a tenant out of his rented accommodation. Notwithstanding the government abatement notice, the landlord is required to serve the tenant with necessary notice and to obtain court order for the ejectment of the tenant.

4. Even where a tenant's rented accommodation is an illegal structure, the landlord should not use self-help or thugs to force the tenant out of his building, otherwise tenant can claim damages against him.

5. Whether you are president, governor, commissioner, local government chairman or any government official, you should not use thugs or area boys to throw away a lawful tenant and his properties out of government building or land, otherwise the tenant can claim a lot of money for damages suffered. Unfortunately, it is the government that pays the damages.

6. A landlord should not use police or soldiers to force a tenant to pay rent or pack out. Whether the tenants are in arrears of rent for 3years or is a "bad tenant" the landlord is required by law to serve the tenant with the required notices. If he proves stubborn or refuses to pack out, the landlord should take the matter to court and obtain an order to ejectment or pack out order against the tenant.

7. A landlord with his hired thugs breaking into tenant's rented accommodation in his absence or presence and throwing away his belongings or properties is wrong. It is trespass to the land and chattel.

8. It is not permitted by any of our laws in Nigeria, to remove tenant's door, window or roof because he refuses to pack out or because he fails to pay his rent.

9. Courts in Nigeria held that, one of the worst wrongs, a person can commit against another person is to deprive him a roof over his head by force, and not by law.


http://onomerealtor..com.ng/2017/03/unlawful-ejectment-or-recovery-of.html

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