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Sublet/squatting Tenants Is Refusing To Move. - Properties (3) - Nairaland

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Re: Sublet/squatting Tenants Is Refusing To Move. by regularjoe8080(m): 7:59am On Mar 27, 2017
Daboomb:
Tenants have right, so do House owners.
If you are not a bonafide tenant, you cant enjoy the "rights" of a tenant, under the law.

So, the crux of the matter is for you to establish that he is NOT a Tenant in that premises but rather he is Trespassing on your property.


*get the original tenancy agreement of the tenant he is squatting with, from the Lawyer (I dont trust that your Lawyer one bit!).
*get the real tenant to "communicate with you" in writing that the has vacated the residence. You can send him a chat message asking if he is still interested in the house but you must phrase it in a way that will make him to say NO.
For example, tell him their are some charges that he needs to pay (Security charge, Maintenance charges, e.t.c that amounts to #100K), and you want to know if he should be billed, on the assumption that he is still holding unto the place!
grin grin

I am sure he will quickly tell you that he is no longer responsible for the place!
undecided grin

Armed with that "exchange of communication", you can just reply him that since he has vacated the place, you will no longer demand such money from him nor establish further communication with him and just wish him well in his new abode.

Now, go back to the "Squatter" and let him know that he is TRESPASSING on your property.
Dont even say he is squatting at all.

Give him two days to disappear (ofc, he wont).
Report a case of "Trespassing on private property" to the Police and charge him to court.
In the meantime, you have the right to recover your property as the law does not protect anyone committing an offence.
Double Lock the place and let him go and bring Police (The same Police that you have reported him to, for Trespassing!)

As for the Mediation Center, simply tell them you dont know him and that you have reported him to the Police for trespassing on your property.
Since he is the one that would be claiming he is your Tenant, the onus is on him to provide evidence of a tenancy contract between YOu and HIM
.

Now, (if you want to be nice...l am not) he can be advised to leave the place, with a "written undertaking" in place, in a week or two weeks time (Its not your business if he sleeps under the bridge, he is obviously a trouble maker and such people dont deserve any pity).
Dont agree to more than two weeks, be firm on this because after that length of time, you are going to "dash him" some "Squatter Rights" which you dont want to.

On the contrary, he might prove stubborn:
Charge his Trespass case to court .. while he will charge you to court for violating his "tenancy rights", as a Landlord!
Your Lawyer will insist, at the Mediation Centre, that there is an ongoing "Criminal case" on the matter and as such, it super-ceeds a "Civil case" of Tenancy.
A Criminal case must finish before the civil part/matter can be heard! grin grin

So, he gets docked for trespassing..... and You win that case because you did not rent the place to him nor did you have any rent Contract with him.

His defence will be that "he sublet the place" from the previous Tenant.
You will debunk that by saying the previous tenant has vacated the place and you dont know who he is andneither are you a party to subletting, which is unlawful and illegal.
(That "written communication" you established with the bonafide tenant, is your proof)

Apart from the fact that subletting is illegal, you actually dont know him. Finito.
He could be fined or jailed for Trespassing. I dont give a f*ck!

The Civil case will die a natural death, using the same arguments above (ofc, he wont even show face again.)

You see why l said l dont trust that your Lawyer?
he should have laid all these down on the table for you.

Now, can l have my "pay" for this brief, please? l wrote it at 3am! grin grin

nice
Re: Sublet/squatting Tenants Is Refusing To Move. by CarlosTheJackal: 8:04am On Mar 27, 2017
TinaAnita:


Give him enough time to move out. April isn't enough dude. Try to understand his situation as a human being with conscience.How will you feel if someone comes from nowhwere and asks you to move out of your apartment simply because the house has been sold out? Whatever you do today think of tomorrow. Sit him down and talk to him man to man without issuing threats. Yes it's your property but that doesn't give you the license to mistreat him
You can't manage your properties with this mindset

5 Likes

Re: Sublet/squatting Tenants Is Refusing To Move. by nwakibie3(m): 8:08am On Mar 27, 2017
Daboomb:
Tenants have right, so do House owners.
If you are not a bonafide tenant, you cant enjoy the "rights" of a tenant, under the law.

So, the crux of the matter is for you to establish that he is NOT a Tenant in that premises but rather he is Trespassing on your property.


*get the original tenancy agreement of the tenant he is squatting with, from the Lawyer (I dont trust that your Lawyer one bit!).
*get the real tenant to "communicate with you" in writing that the has vacated the residence. You can send him a chat message asking if he is still interested in the house but you must phrase it in a way that will make him to say NO.
For example, tell him their are some charges that he needs to pay (Security charge, Maintenance charges, e.t.c that amounts to #100K), and you want to know if he should be billed, on the assumption that he is still holding unto the place!
grin grin

I am sure he will quickly tell you that he is no longer responsible for the place!
undecided grin

Armed with that "exchange of communication", you can just reply him that since he has vacated the place, you will no longer demand such money from him nor establish further communication with him and just wish him well in his new abode.

Now, go back to the "Squatter" and let him know that he is TRESPASSING on your property.
Dont even say he is squatting at all.

Give him two days to disappear (ofc, he wont).
Report a case of "Trespassing on private property" to the Police and charge him to court.
In the meantime, you have the right to recover your property as the law does not protect anyone committing an offence.
Double Lock the place and let him go and bring Police (The same Police that you have reported him to, for Trespassing!)

As for the Mediation Center, simply tell them you dont know him and that you have reported him to the Police for trespassing on your property.
Since he is the one that would be claiming he is your Tenant, the onus is on him to provide evidence of a tenancy contract between YOu and HIM
.

Now, (if you want to be nice...l am not) he can be advised to leave the place, with a "written undertaking" in place, in a week or two weeks time (Its not your business if he sleeps under the bridge, he is obviously a trouble maker and such people dont deserve any pity).
Dont agree to more than two weeks, be firm on this because after that length of time, you are going to "dash him" some "Squatter Rights" which you dont want to.

On the contrary, he might prove stubborn:
Charge his Trespass case to court .. while he will charge you to court for violating his "tenancy rights", as a Landlord!
Your Lawyer will insist, at the Mediation Centre, that there is an ongoing "Criminal case" on the matter and as such, it super-ceeds a "Civil case" of Tenancy.
A Criminal case must finish before the civil part/matter can be heard! grin grin

So, he gets docked for trespassing..... and You win that case because you did not rent the place to him nor did you have any rent Contract with him.

His defence will be that "he sublet the place" from the previous Tenant.
You will debunk that by saying the previous tenant has vacated the place and you dont know who he is andneither are you a party to subletting, which is unlawful and illegal.
(That "written communication" you established with the bonafide tenant, is your proof)

Apart from the fact that subletting is illegal, you actually dont know him. Finito.
He could be fined or jailed for Trespassing. I dont give a f*ck!

The Civil case will die a natural death, using the same arguments above (ofc, he wont even show face again.)

You see why l said l dont trust that your Lawyer?
he should have laid all these down on the table for you.

Now, can l have my "pay" for this brief, please? l wrote it at 3am! grin grin


Your are simply good.

1 Like

Re: Sublet/squatting Tenants Is Refusing To Move. by lorhema(f): 8:09am On Mar 27, 2017
I've been in a similar situation but even then the person involved was a tenant whom the former landlord stopped collecting rents from over 6 months before our purchase, not a squatter.I asked my lawyer friend what to do and she said that we should pay him to move blah blah blah. We gave him 2 months and got a lawyer who knows his onions.21 days later,the court bailiffs were there to watch him move out. It's important to get a lawyer who knows what he's doing so you don't waste your time and money.Please don't use rough tactics.

2 Likes

Re: Sublet/squatting Tenants Is Refusing To Move. by xavier0327(f): 8:11am On Mar 27, 2017
Daboomb:
Tenants have right, so do House owners.
If you are not a bonafide tenant, you cant enjoy the "rights" of a tenant, under the law.

So, the crux of the matter is for you to establish that he is NOT a Tenant in that premises but rather he is Trespassing on your property.


*get the original tenancy agreement of the tenant he is squatting with, from the Lawyer (I dont trust that your Lawyer one bit!).
*get the real tenant to "communicate with you" in writing that the has vacated the residence. You can send him a chat message asking if he is still interested in the house but you must phrase it in a way that will make him to say NO.
For example, tell him their are some charges that he needs to pay (Security charge, Maintenance charges, e.t.c that amounts to #100K), and you want to know if he should be billed, on the assumption that he is still holding unto the place!
grin grin

I am sure he will quickly tell you that he is no longer responsible for the place!
undecided grin

Armed with that "exchange of communication", you can just reply him that since he has vacated the place, you will no longer demand such money from him nor establish further communication with him and just wish him well in his new abode.

Now, go back to the "Squatter" and let him know that he is TRESPASSING on your property.
Dont even say he is squatting at all.

Give him two days to disappear (ofc, he wont).
Report a case of "Trespassing on private property" to the Police and charge him to court.
In the meantime, you have the right to recover your property as the law does not protect anyone committing an offence.
Double Lock the place and let him go and bring Police (The same Police that you have reported him to, for Trespassing!)

As for the Mediation Center, simply tell them you dont know him and that you have reported him to the Police for trespassing on your property.
Since he is the one that would be claiming he is your Tenant, the onus is on him to provide evidence of a tenancy contract between YOu and HIM
.

Now, (if you want to be nice...l am not) he can be advised to leave the place, with a "written undertaking" in place, in a week or two weeks time (Its not your business if he sleeps under the bridge, he is obviously a trouble maker and such people dont deserve any pity).
Dont agree to more than two weeks, be firm on this because after that length of time, you are going to "dash him" some "Squatter Rights" which you dont want to.

On the contrary, he might prove stubborn:
Charge his Trespass case to court .. while he will charge you to court for violating his "tenancy rights", as a Landlord!
Your Lawyer will insist, at the Mediation Centre, that there is an ongoing "Criminal case" on the matter and as such, it super-ceeds a "Civil case" of Tenancy.
A Criminal case must finish before the civil part/matter can be heard! grin grin

So, he gets docked for trespassing..... and You win that case because you did not rent the place to him nor did you have any rent Contract with him.

His defence will be that "he sublet the place" from the previous Tenant.
You will debunk that by saying the previous tenant has vacated the place and you dont know who he is andneither are you a party to subletting, which is unlawful and illegal.
(That "written communication" you established with the bonafide tenant, is your proof)

Apart from the fact that subletting is illegal, you actually dont know him. Finito.
He could be fined or jailed for Trespassing. I dont give a f*ck!

The Civil case will die a natural death, using the same arguments above (ofc, he wont even show face again.)

You see why l said l dont trust that your Lawyer?
he should have laid all these down on the table for you.

Now, can l have my "pay" for this brief, please? l wrote it at 3am! grin grin

You deserve 1000k likes for this!

2 Likes

Re: Sublet/squatting Tenants Is Refusing To Move. by adatemi: 8:12am On Mar 27, 2017
bebe2:


shocked shocked

Is dat legal? cheesy

Don't ever remove the ceiling, door or use soldiers to threaten him. You'll be sued by him and he will own you, ur properties & etc
I think you should go back to the mediation Ctr and tell ur part of the story that he trespassed on your property. If you are giving him time to stay there, make sure you have it in writing by him that he will leave after it expires. Also try to hire a property manager to manage ur home to avoid things such as this in the future.

1 Like

Re: Sublet/squatting Tenants Is Refusing To Move. by jobsat34(m): 8:15am On Mar 27, 2017
Daboomb:
Tenants have right, so do House owners.
If you are not a bonafide tenant, you cant enjoy the "rights" of a tenant, under the law.

So, the crux of the matter is for you to establish that he is NOT a Tenant in that premises but rather he is Trespassing on your property.


*get the original tenancy agreement of the tenant he is squatting with, from the Lawyer (I dont trust that your Lawyer one bit!).
*get the real tenant to "communicate with you" in writing that the has vacated the residence. You can send him a chat message asking if he is still interested in the house but you must phrase it in a way that will make him to say NO.
For example, tell him their are some charges that he needs to pay (Security charge, Maintenance charges, e.t.c that amounts to #100K), and you want to know if he should be billed, on the assumption that he is still holding unto the place!
grin grin

I am sure he will quickly tell you that he is no longer responsible for the place!
undecided grin

Armed with that "exchange of communication", you can just reply him that since he has vacated the place, you will no longer demand such money from him nor establish further communication with him and just wish him well in his new abode.

Now, go back to the "Squatter" and let him know that he is TRESPASSING on your property.
Dont even say he is squatting at all.

Give him two days to disappear (ofc, he wont).
Report a case of "Trespassing on private property" to the Police and charge him to court.
In the meantime, you have the right to recover your property as the law does not protect anyone committing an offence.
Double Lock the place and let him go and bring Police (The same Police that you have reported him to, for Trespassing!)

As for the Mediation Center, simply tell them you dont know him and that you have reported him to the Police for trespassing on your property.
Since he is the one that would be claiming he is your Tenant, the onus is on him to provide evidence of a tenancy contract between YOu and HIM
.

Now, (if you want to be nice...l am not) he can be advised to leave the place, with a "written undertaking" in place, in a week or two weeks time (Its not your business if he sleeps under the bridge, he is obviously a trouble maker and such people dont deserve any pity).
Dont agree to more than two weeks, be firm on this because after that length of time, you are going to "dash him" some "Squatter Rights" which you dont want to.

On the contrary, he might prove stubborn:
Charge his Trespass case to court .. while he will charge you to court for violating his "tenancy rights", as a Landlord!
Your Lawyer will insist, at the Mediation Centre, that there is an ongoing "Criminal case" on the matter and as such, it super-ceeds a "Civil case" of Tenancy.
A Criminal case must finish before the civil part/matter can be heard! grin grin

So, he gets docked for trespassing..... and You win that case because you did not rent the place to him nor did you have any rent Contract with him.

His defence will be that "he sublet the place" from the previous Tenant.
You will debunk that by saying the previous tenant has vacated the place and you dont know who he is andneither are you a party to subletting, which is unlawful and illegal.
(That "written communication" you established with the bonafide tenant, is your proof)

Apart from the fact that subletting is illegal, you actually dont know him. Finito.
He could be fined or jailed for Trespassing. I dont give a f*ck!

The Civil case will die a natural death, using the same arguments above (ofc, he wont even show face again.)

You see why l said l dont trust that your Lawyer?
he should have laid all these down on the table for you.

Now, can l have my "pay" for this brief, please? l wrote it at 3am! grin grin

Baddoo

1 Like

Re: Sublet/squatting Tenants Is Refusing To Move. by OldBeer: 8:22am On Mar 27, 2017
TinaAnita:



Has he not been renewing his rent before the property was sold off? Oya go drag him out of his apartment and see if you won't rot in jail. I don't have much to say to you but one thing I know is the fact that you aren't sensitive to the sufferings, plights and misfortunes of others.
Madam Sensitive, stop littering this thread with your filth.
If you are angry, ask op for the name of the squatter and put him in your house.
Nansense

11 Likes

Re: Sublet/squatting Tenants Is Refusing To Move. by delishpot: 8:26am On Mar 27, 2017
jumpandpas:


Were they properly informed that the house will be sold or have been put for sale or you just bought the house and told them to leave?.

But he isn't a legal tenant so how would someone inform him officially? I consider hat h is doing to be trespassing IMO

OP, maybe the lawyer/care taker has been Choping the man's rent without documentation.
Re: Sublet/squatting Tenants Is Refusing To Move. by jumpandpas(m): 8:28am On Mar 27, 2017
Daboomb:
Tenants have right, so do House owners.
If you are not a bonafide tenant, you cant enjoy the "rights" of a tenant, under the law.

So, the crux of the matter is for you to establish that he is NOT a Tenant in that premises but rather he is Trespassing on your property.


*get the original tenancy agreement of the tenant he is squatting with, from the Lawyer (I dont trust that your Lawyer one bit!).
*get the real tenant to "communicate with you" in writing that the has vacated the residence. You can send him a chat message asking if he is still interested in the house but you must phrase it in a way that will make him to say NO.
For example, tell him their are some charges that he needs to pay (Security charge, Maintenance charges, e.t.c that amounts to #100K), and you want to know if he should be billed, on the assumption that he is still holding unto the place!
grin grin

I am sure he will quickly tell you that he is no longer responsible for the place!
undecided grin

Armed with that "exchange of communication", you can just reply him that since he has vacated the place, you will no longer demand such money from him nor establish further communication with him and just wish him well in his new abode.

Now, go back to the "Squatter" and let him know that he is TRESPASSING on your property.
Dont even say he is squatting at all.

Give him two days to disappear (ofc, he wont).
Report a case of "Trespassing on private property" to the Police and charge him to court.
In the meantime, you have the right to recover your property as the law does not protect anyone committing an offence.
Double Lock the place and let him go and bring Police (The same Police that you have reported him to, for Trespassing!)

As for the Mediation Center, simply tell them you dont know him and that you have reported him to the Police for trespassing on your property.
Since he is the one that would be claiming he is your Tenant, the onus is on him to provide evidence of a tenancy contract between YOu and HIM
.

Now, (if you want to be nice...l am not) he can be advised to leave the place, with a "written undertaking" in place, in a week or two weeks time (Its not your business if he sleeps under the bridge, he is obviously a trouble maker and such people dont deserve any pity).
Dont agree to more than two weeks, be firm on this because after that length of time, you are going to "dash him" some "Squatter Rights" which you dont want to.

On the contrary, he might prove stubborn:
Charge his Trespass case to court .. while he will charge you to court for violating his "tenancy rights", as a Landlord!
Your Lawyer will insist, at the Mediation Centre, that there is an ongoing "Criminal case" on the matter and as such, it super-ceeds a "Civil case" of Tenancy.
A Criminal case must finish before the civil part/matter can be heard! grin grin

So, he gets docked for trespassing..... and You win that case because you did not rent the place to him nor did you have any rent Contract with him.

His defence will be that "he sublet the place" from the previous Tenant.
You will debunk that by saying the previous tenant has vacated the place and you dont know who he is andneither are you a party to subletting, which is unlawful and illegal.
(That "written communication" you established with the bonafide tenant, is your proof)

Apart from the fact that subletting is illegal, you actually dont know him. Finito.
He could be fined or jailed for Trespassing. I dont give a f*ck!

The Civil case will die a natural death, using the same arguments above (ofc, he wont even show face again.)

You see why l said l dont trust that your Lawyer?
he should have laid all these down on the table for you.

Now, can l have my "pay" for this brief, please? l wrote it at 3am! grin grin

If you say that the old tenant have vacated the place and you don't know him (the present occupant), I will ask you to clap for yourself for not knowing when a stranger occupied your property.

Don't forget that a tenant has the right to travel and leave his family members in his rented apartment.

Did you contact the old tenant?.

Were the present occupants properly informed before the house was sold?.

2 Likes

Re: Sublet/squatting Tenants Is Refusing To Move. by Donkaz(m): 8:29am On Mar 27, 2017
Daboomb:
Tenants have right, so do House owners.
If you are not a bonafide tenant, you cant enjoy the "rights" of a tenant, under the law.

So, the crux of the matter is for you to establish that he is NOT a Tenant in that premises but rather he is Trespassing on your property.


*get the original tenancy agreement of the tenant he is squatting with, from the Lawyer (I dont trust that your Lawyer one bit!).
*get the real tenant to "communicate with you" in writing that the has vacated the residence. You can send him a chat message asking if he is still interested in the house but you must phrase it in a way that will make him to say NO.
For example, tell him their are some charges that he needs to pay (Security charge, Maintenance charges, e.t.c that amounts to #100K), and you want to know if he should be billed, on the assumption that he is still holding unto the place!
grin grin

I am sure he will quickly tell you that he is no longer responsible for the place!
undecided grin

Armed with that "exchange of communication", you can just reply him that since he has vacated the place, you will no longer demand such money from him nor establish further communication with him and just wish him well in his new abode.

Now, go back to the "Squatter" and let him know that he is TRESPASSING on your property.
Dont even say he is squatting at all.

Give him two days to disappear (ofc, he wont).
Report a case of "Trespassing on private property" to the Police and charge him to court.
In the meantime, you have the right to recover your property as the law does not protect anyone committing an offence.
Double Lock the place and let him go and bring Police (The same Police that you have reported him to, for Trespassing!)

As for the Mediation Center, simply tell them you dont know him and that you have reported him to the Police for trespassing on your property.
Since he is the one that would be claiming he is your Tenant, the onus is on him to provide evidence of a tenancy contract between YOu and HIM
.

Now, (if you want to be nice...l am not) he can be advised to leave the place, with a "written undertaking" in place, in a week or two weeks time (Its not your business if he sleeps under the bridge, he is obviously a trouble maker and such people dont deserve any pity).
Dont agree to more than two weeks, be firm on this because after that length of time, you are going to "dash him" some "Squatter Rights" which you dont want to.

On the contrary, he might prove stubborn:
Charge his Trespass case to court .. while he will charge you to court for violating his "tenancy rights", as a Landlord!
Your Lawyer will insist, at the Mediation Centre, that there is an ongoing "Criminal case" on the matter and as such, it super-ceeds a "Civil case" of Tenancy.
A Criminal case must finish before the civil part/matter can be heard! grin grin

So, he gets docked for trespassing..... and You win that case because you did not rent the place to him nor did you have any rent Contract with him.

His defence will be that "he sublet the place" from the previous Tenant.
You will debunk that by saying the previous tenant has vacated the place and you dont know who he is andneither are you a party to subletting, which is unlawful and illegal.
(That "written communication" you established with the bonafide tenant, is your proof)

Apart from the fact that subletting is illegal, you actually dont know him. Finito.
He could be fined or jailed for Trespassing. I dont give a f*ck!

The Civil case will die a natural death, using the same arguments above (ofc, he wont even show face again.)

You see why l said l dont trust that your Lawyer?
he should have laid all these down on the table for you.

Now, can l have my "pay" for this brief, please? l wrote it at 3am! grin grin

Baba your mind is very sharp.

1 Like

Re: Sublet/squatting Tenants Is Refusing To Move. by Nobody: 8:32am On Mar 27, 2017
Pls give him like 3more months to get his finances together and move. Pls pls, times are hard. For the sake of his family, give him time. I doubt one month is enough. Just be sure to put this notice in writing and signed by a lawyer too.

If he doesn't move by then, you can employ more force and legal proceedings to get him out.
Re: Sublet/squatting Tenants Is Refusing To Move. by bebe2(f): 8:41am On Mar 27, 2017
adatemi:

Don't ever remove the ceiling, door or use soldiers to threaten him. You'll be sued by him and he will own you, ur properties & etc
I think you should go back to the mediation Ctr and tell ur part of the story that he trespassed on your property. If you are giving him time to stay there, make sure you have it in writing by him that he will leave after it expires. Also try to hire a property manager to manage ur home to avoid things such as this in the future.

Definitely , don't know why the previous owner was so careless with the property.

1 Like

Re: Sublet/squatting Tenants Is Refusing To Move. by Lexusgs430: 8:41am On Mar 27, 2017
bebe2:
Good day all,

Pls I need to advice from experienced house owners or legal minds .

We just purchased a property that has 4flats, three of the tenants moved out leaving one who has refused to move.

On further investigation we realised he wasn't the original tenant, he was squatting with the original tenant who moved out of the country .

We have explained to him but has refused saying he want to renew the tenancy and be paying rent.

He has gone to get a letter from lagos state mediation centre . Which has forced us to get lawyer to start legal proceedings.

Considering he is subletting, and was not the original tenant should we going thru the court?

Bottom line is how do we get this tenant out?

You need to go to court to gain possession of your property. Would take a couple of months to gain possession (also factor in cost of bailiff, incase he ignores court order).

1 Like

Re: Sublet/squatting Tenants Is Refusing To Move. by donigspain(m): 8:42am On Mar 27, 2017
Daboomb:
Tenants have right, so do House owners.
If you are not a bonafide tenant, you cant enjoy the "rights" of a tenant, under the law.

So, the crux of the matter is for you to establish that he is NOT a Tenant in that premises but rather he is Trespassing on your property.


*get the original tenancy agreement of the tenant he is squatting with, from the Lawyer (I dont trust that your Lawyer one bit!).
*get the real tenant to "communicate with you" in writing that the has vacated the residence. You can send him a chat message asking if he is still interested in the house but you must phrase it in a way that will make him to say NO.
For example, tell him their are some charges that he needs to pay (Security charge, Maintenance charges, e.t.c that amounts to #100K), and you want to know if he should be billed, on the assumption that he is still holding unto the place!
grin grin

I am sure he will quickly tell you that he is no longer responsible for the place!
undecided grin

Armed with that "exchange of communication", you can just reply him that since he has vacated the place, you will no longer demand such money from him nor establish further communication with him and just wish him well in his new abode.

Now, go back to the "Squatter" and let him know that he is TRESPASSING on your property.
Dont even say he is squatting at all.

Give him two days to disappear (ofc, he wont).
Report a case of "Trespassing on private property" to the Police and charge him to court.
In the meantime, you have the right to recover your property as the law does not protect anyone committing an offence.
Double Lock the place and let him go and bring Police (The same Police that you have reported him to, for Trespassing!)

As for the Mediation Center, simply tell them you dont know him and that you have reported him to the Police for trespassing on your property.
Since he is the one that would be claiming he is your Tenant, the onus is on him to provide evidence of a tenancy contract between YOu and HIM
.

Now, (if you want to be nice...l am not) he can be advised to leave the place, with a "written undertaking" in place, in a week or two weeks time (Its not your business if he sleeps under the bridge, he is obviously a trouble maker and such people dont deserve any pity).
Dont agree to more than two weeks, be firm on this because after that length of time, you are going to "dash him" some "Squatter Rights" which you dont want to.

On the contrary, he might prove stubborn:
Charge his Trespass case to court .. while he will charge you to court for violating his "tenancy rights", as a Landlord!
Your Lawyer will insist, at the Mediation Centre, that there is an ongoing "Criminal case" on the matter and as such, it super-ceeds a "Civil case" of Tenancy.
A Criminal case must finish before the civil part/matter can be heard! grin grin

So, he gets docked for trespassing..... and You win that case because you did not rent the place to him nor did you have any rent Contract with him.

His defence will be that "he sublet the place" from the previous Tenant.
You will debunk that by saying the previous tenant has vacated the place and you dont know who he is andneither are you a party to subletting, which is unlawful and illegal.
(That "written communication" you established with the bonafide tenant, is your proof)

Apart from the fact that subletting is illegal, you actually dont know him. Finito.
He could be fined or jailed for Trespassing. I dont give a f*ck!

The Civil case will die a natural death, using the same arguments above (ofc, he wont even show face again.)

You see why l said l dont trust that your Lawyer?
he should have laid all these down on the table for you.

Now, can l have my "pay" for this brief, please? l wrote it at 3am! grin grin
Great work.

1 Like

Re: Sublet/squatting Tenants Is Refusing To Move. by Nobody: 8:42am On Mar 27, 2017
Daboomb:
Tenants have right, so do House owners.
If you are not a bonafide tenant, you cant enjoy the "rights" of a tenant, under the law.

So, the crux of the matter is for you to establish that he is NOT a Tenant in that premises but rather he is Trespassing on your property.


*get the original tenancy agreement of the tenant he is squatting with, from the Lawyer (I dont trust that your Lawyer one bit!).
*get the real tenant to "communicate with you" in writing that the has vacated the residence. You can send him a chat message asking if he is still interested in the house but you must phrase it in a way that will make him to say NO.
For example, tell him their are some charges that he needs to pay (Security charge, Maintenance charges, e.t.c that amounts to #100K), and you want to know if he should be billed, on the assumption that he is still holding unto the place!
grin grin

I am sure he will quickly tell you that he is no longer responsible for the place!
undecided grin

Armed with that "exchange of communication", you can just reply him that since he has vacated the place, you will no longer demand such money from him nor establish further communication with him and just wish him well in his new abode.

Now, go back to the "Squatter" and let him know that he is TRESPASSING on your property.
Dont even say he is squatting at all.

Give him two days to disappear (ofc, he wont).
Report a case of "Trespassing on private property" to the Police and charge him to court.
In the meantime, you have the right to recover your property as the law does not protect anyone committing an offence.
Double Lock the place and let him go and bring Police (The same Police that you have reported him to, for Trespassing!)

As for the Mediation Center, simply tell them you dont know him and that you have reported him to the Police for trespassing on your property.
Since he is the one that would be claiming he is your Tenant, the onus is on him to provide evidence of a tenancy contract between YOu and HIM
.

Now, (if you want to be nice...l am not) he can be advised to leave the place, with a "written undertaking" in place, in a week or two weeks time (Its not your business if he sleeps under the bridge, he is obviously a trouble maker and such people dont deserve any pity).
Dont agree to more than two weeks, be firm on this because after that length of time, you are going to "dash him" some "Squatter Rights" which you dont want to.

On the contrary, he might prove stubborn:
Charge his Trespass case to court .. while he will charge you to court for violating his "tenancy rights", as a Landlord!
Your Lawyer will insist, at the Mediation Centre, that there is an ongoing "Criminal case" on the matter and as such, it super-ceeds a "Civil case" of Tenancy.
A Criminal case must finish before the civil part/matter can be heard! grin grin

So, he gets docked for trespassing..... and You win that case because you did not rent the place to him nor did you have any rent Contract with him.

His defence will be that "he sublet the place" from the previous Tenant.
You will debunk that by saying the previous tenant has vacated the place and you dont know who he is andneither are you a party to subletting, which is unlawful and illegal.
(That "written communication" you established with the bonafide tenant, is your proof)

Apart from the fact that subletting is illegal, you actually dont know him. Finito.
He could be fined or jailed for Trespassing. I dont give a f*ck!

The Civil case will die a natural death, using the same arguments above (ofc, he wont even show face again.)

You see why l said l dont trust that your Lawyer?
he should have laid all these down on the table for you.

Now, can l have my "pay" for this brief, please? l wrote it at 3am! grin grin
Quoting incase I need it when I get my own house. You tried. Thumbs up.

1 Like

Re: Sublet/squatting Tenants Is Refusing To Move. by TinaAnita(f): 8:45am On Mar 27, 2017
babyfaceafrica:
madam the sub letter has to plead his case...not use trouble...he is not the original renter..... I think OP is even been soft with him...if he tries it with someone else..that money wet no dey..he go spend am for court..all this tenants giving headache since 1890BC

He might not be the original tenant but that did not stop him from renewing his rent. If that guy plays his card well he will stay longer than expected. Any forceful ejection will attract more trouble. I dare you to go drag him out!
Re: Sublet/squatting Tenants Is Refusing To Move. by jumpandpas(m): 8:46am On Mar 27, 2017
delishpot:


But he isn't a legal tenant so how would someone inform him officially? I consider hat h is doing to be trespassing IMO

OP, maybe the lawyer/care taker has been Choping the man's rent without documentation.

You traveled and left your family members either wife or brother in your rented apartment, and the landlord went and sold the house to another person without contacting you and the buyer just came from God knows where and begin to threatening your wife or brother to leave. What will you do?.

If the buyer and the seller had followed due process, there won't be this problem.

The law says, before you buy or rent a house where there are occupants, you should have a meeting with the occupants and let them know that the house will be sold at any time. Where you need to refund money, you do so.

Pls don't buy or rent house occupied by people without following due process.
Re: Sublet/squatting Tenants Is Refusing To Move. by alpontif(m): 8:47am On Mar 27, 2017
nice
Re: Sublet/squatting Tenants Is Refusing To Move. by bebe2(f): 8:49am On Mar 27, 2017
lorhema:
I've been in a similar situation but even then the person involved was a tenant whom the former landlord stopped collecting rents from over 6 months before our purchase, not a squatter.I asked my lawyer friend what to do and she said that we should pay him to move blah blah blah. We gave him 2 months and got a lawyer who knows his onions.21 days later,the court bailiffs were there to watch him move out. It's important to get a lawyer who knows what he's doing so you don't waste your time and money.Please don't use rough tactics.

So how many months rent Did u offer him?
Re: Sublet/squatting Tenants Is Refusing To Move. by alpontif(m): 8:52am On Mar 27, 2017
Daboomb:
Tenants have right, so do House owners.
If you are not a bonafide tenant, you cant enjoy the "rights" of a tenant, under the law.

So, the crux of the matter is for you to establish that he is NOT a Tenant in that premises but rather he is Trespassing on your property.


*get the original tenancy agreement of the tenant he is squatting with, from the Lawyer (I dont trust that your Lawyer one bit!).
*get the real tenant to "communicate with you" in writing that the has vacated the residence. You can send him a chat message asking if he is still interested in the house but you must phrase it in a way that will make him to say NO.
For example, tell him their are some charges that he needs to pay (Security charge, Maintenance charges, e.t.c that amounts to #100K), and you want to know if he should be billed, on the assumption that he is still holding unto the place!
grin grin

I am sure he will quickly tell you that he is no longer responsible for the place!
undecided grin

Armed with that "exchange of communication", you can just reply him that since he has vacated the place, you will no longer demand such money from him nor establish further communication with him and just wish him well in his new abode.

Now, go back to the "Squatter" and let him know that he is TRESPASSING on your property.
Dont even say he is squatting at all.

Give him two days to disappear (ofc, he wont).
Report a case of "Trespassing on private property" to the Police and charge him to court.
In the meantime, you have the right to recover your property as the law does not protect anyone committing an offence.
Double Lock the place and let him go and bring Police (The same Police that you have reported him to, for Trespassing!)

As for the Mediation Center, simply tell them you dont know him and that you have reported him to the Police for trespassing on your property.
Since he is the one that would be claiming he is your Tenant, the onus is on him to provide evidence of a tenancy contract between YOu and HIM
.

Now, (if you want to be nice...l am not) he can be advised to leave the place, with a "written undertaking" in place, in a week or two weeks time (Its not your business if he sleeps under the bridge, he is obviously a trouble maker and such people dont deserve any pity).
Dont agree to more than two weeks, be firm on this because after that length of time, you are going to "dash him" some "Squatter Rights" which you dont want to.

On the contrary, he might prove stubborn:
Charge his Trespass case to court .. while he will charge you to court for violating his "tenancy rights", as a Landlord!
Your Lawyer will insist, at the Mediation Centre, that there is an ongoing "Criminal case" on the matter and as such, it super-ceeds a "Civil case" of Tenancy.
A Criminal case must finish before the civil part/matter can be heard! grin grin

So, he gets docked for trespassing..... and You win that case because you did not rent the place to him nor did you have any rent Contract with him.

His defence will be that "he sublet the place" from the previous Tenant.
You will debunk that by saying the previous tenant has vacated the place and you dont know who he is andneither are you a party to subletting, which is unlawful and illegal.
(That "written communication" you established with the bonafide tenant, is your proof)

Apart from the fact that subletting is illegal, you actually dont know him. Finito.
He could be fined or jailed for Trespassing. I dont give a f*ck!

The Civil case will die a natural death, using the same arguments above (ofc, he wont even show face again.)

You see why l said l dont trust that your Lawyer?
he should have laid all these down on the table for you.

Now, can l have my "pay" for this brief, please? l wrote it at 3am! grin grin


I want to put you on retainership. kindly let me know how to go about it.

1 Like

Re: Sublet/squatting Tenants Is Refusing To Move. by nikz(f): 8:54am On Mar 27, 2017
Daboomb:
Tenants have right, so do House owners.
If you are not a bonafide tenant, you cant enjoy the "rights" of a tenant, under the law.

So, the crux of the matter is for you to establish that he is NOT a Tenant in that premises but rather he is Trespassing on your property.


*get the original tenancy agreement of the tenant he is squatting with, from the Lawyer (I dont trust that your Lawyer one bit!).
*get the real tenant to "communicate with you" in writing that the has vacated the residence. You can send him a chat message asking if he is still interested in the house but you must phrase it in a way that will make him to say NO.
For example, tell him their are some charges that he needs to pay (Security charge, Maintenance charges, e.t.c that amounts to #100K), and you want to know if he should be billed, on the assumption that he is still holding unto the place!
grin grin

I am sure he will quickly tell you that he is no longer responsible for the place!
undecided grin

Armed with that "exchange of communication", you can just reply him that since he has vacated the place, you will no longer demand such money from him nor establish further communication with him and just wish him well in his new abode.

Now, go back to the "Squatter" and let him know that he is TRESPASSING on your property.
Dont even say he is squatting at all.

Give him two days to disappear (ofc, he wont).
Report a case of "Trespassing on private property" to the Police and charge him to court.
In the meantime, you have the right to recover your property as the law does not protect anyone committing an offence.
Double Lock the place and let him go and bring Police (The same Police that you have reported him to, for Trespassing!)

As for the Mediation Center, simply tell them you dont know him and that you have reported him to the Police for trespassing on your property.
Since he is the one that would be claiming he is your Tenant, the onus is on him to provide evidence of a tenancy contract between YOu and HIM
.

Now, (if you want to be nice...l am not) he can be advised to leave the place, with a "written undertaking" in place, in a week or two weeks time (Its not your business if he sleeps under the bridge, he is obviously a trouble maker and such people dont deserve any pity).
Dont agree to more than two weeks, be firm on this because after that length of time, you are going to "dash him" some "Squatter Rights" which you dont want to.

On the contrary, he might prove stubborn:
Charge his Trespass case to court .. while he will charge you to court for violating his "tenancy rights", as a Landlord!
Your Lawyer will insist, at the Mediation Centre, that there is an ongoing "Criminal case" on the matter and as such, it super-ceeds a "Civil case" of Tenancy.
A Criminal case must finish before the civil part/matter can be heard! grin grin

So, he gets docked for trespassing..... and You win that case because you did not rent the place to him nor did you have any rent Contract with him.

His defence will be that "he sublet the place" from the previous Tenant.
You will debunk that by saying the previous tenant has vacated the place and you dont know who he is andneither are you a party to subletting, which is unlawful and illegal.
(That "written communication" you established with the bonafide tenant, is your proof)

Apart from the fact that subletting is illegal, you actually dont know him. Finito.
He could be fined or jailed for Trespassing. I dont give a f*ck!

The Civil case will die a natural death, using the same arguments above (ofc, he wont even show face again.)

You see why l said l dont trust that your Lawyer?
he should have laid all these down on the table for you.

Now, can l have my "pay" for this brief, please? l wrote it at 3am! grin grin
@ OP this write up has explained everything you need to do. This is the process we used to evict our former tenant and his friend that couldn't pay rent. We didn't know he was subleting to his friend. They went to the police, immediately the police came we showed them the agreement matter turn against them.
Re: Sublet/squatting Tenants Is Refusing To Move. by TinaAnita(f): 8:55am On Mar 27, 2017
jumpandpas:


If you say that the old tenant have vacated the place and you don't know him (the present occupant), I will ask you to clap for yourself for not knowing when a stranger occupied your property.

Don't forget that a tenant has the right to travel and leave his family members in his rented apartment.

Did you contact the old tenant?.

Were the present occupants properly informed before the house was sold?.




Of course they were not properly informed. I can assure you that the tenants were only informed to leave after the house was sold. That's Nigeria for you.
Re: Sublet/squatting Tenants Is Refusing To Move. by bebe2(f): 8:55am On Mar 27, 2017
Daboomb:
Tenants have right, so do House owners.
If you are not a bonafide tenant, you cant enjoy the "rights" of a tenant, under the law.

So, the crux of the matter is for you to establish that he is NOT a Tenant in that premises but rather he is Trespassing on your property.


*get the original tenancy agreement of the tenant he is squatting with, from the Lawyer (I dont trust that your Lawyer one bit!).
*get the real tenant to "communicate with you" in writing that the has vacated the residence. You can send him a chat message asking if he is still interested in the house but you must phrase it in a way that will make him to say NO.
For example, tell him their are some charges that he needs to pay (Security charge, Maintenance charges, e.t.c that amounts to #100K), and you want to know if he should be billed, on the assumption that he is still holding unto the place!
grin grin

I am sure he will quickly tell you that he is no longer responsible for the place!
undecided grin

Armed with that "exchange of communication", you can just reply him that since he has vacated the place, you will no longer demand such money from him nor establish further communication with him and just wish him well in his new abode.

Now, go back to the "Squatter" and let him know that he is TRESPASSING on your property.
Dont even say he is squatting at all.

Give him two days to disappear (ofc, he wont).
Report a case of "Trespassing on private property" to the Police and charge him to court.
In the meantime, you have the right to recover your property as the law does not protect anyone committing an offence.
Double Lock the place and let him go and bring Police (The same Police that you have reported him to, for Trespassing!)

As for the Mediation Center, simply tell them you dont know him and that you have reported him to the Police for trespassing on your property.
Since he is the one that would be claiming he is your Tenant, the onus is on him to provide evidence of a tenancy contract between YOu and HIM
.

Now, (if you want to be nice...l am not) he can be advised to leave the place, with a "written undertaking" in place, in a week or two weeks time (Its not your business if he sleeps under the bridge, he is obviously a trouble maker and such people dont deserve any pity).
Dont agree to more than two weeks, be firm on this because after that length of time, you are going to "dash him" some "Squatter Rights" which you dont want to.

On the contrary, he might prove stubborn:
Charge his Trespass case to court .. while he will charge you to court for violating his "tenancy rights", as a Landlord!
Your Lawyer will insist, at the Mediation Centre, that there is an ongoing "Criminal case" on the matter and as such, it super-ceeds a "Civil case" of Tenancy.
A Criminal case must finish before the civil part/matter can be heard! grin grin

So, he gets docked for trespassing..... and You win that case because you did not rent the place to him nor did you have any rent Contract with him.

His defence will be that "he sublet the place" from the previous Tenant.
You will debunk that by saying the previous tenant has vacated the place and you dont know who he is andneither are you a party to subletting, which is unlawful and illegal.
(That "written communication" you established with the bonafide tenant, is your proof)

Apart from the fact that subletting is illegal, you actually dont know him. Finito.
He could be fined or jailed for Trespassing. I dont give a f*ck!

The Civil case will die a natural death, using the same arguments above (ofc, he wont even show face again.)

You see why l said l dont trust that your Lawyer?
he should have laid all these down on the table for you.

Now, can l have my "pay" for this brief, please? l wrote it at 3am! grin grin

I don't think the lawyer knows what he is doing have to fire him.

Oga tnks for ur time ,
ur cheque is in the post grin
Re: Sublet/squatting Tenants Is Refusing To Move. by delishpot: 8:56am On Mar 27, 2017
jumpandpas:


You traveled and left your family members either wife or brother in your rented apartment, and the landlord went and sold the house to another person without contacting you and the buyer just came from God knows where and begin to threatening your wife or brother to leave. What will you do?.

If the buyer and the seller had followed due process, there won't be this problem.

The law says, before you buy or rent a house where there are occupants, you should have a meeting with the occupants and let them know that the house will be sold at any time. Where you need to refund money, you do so.

Pls don't buy or rent house occupied by people without following due process.



If I traveled and left someone in my house, I will let the landlord know that I am still responsible for the rent and as such my family can stay. In sane climes you will pay extra for bringing in a squatter to live in the house with you. I believe the real tenant has washed his hands off the rent when he moved out (not not that he traveled he moved out and relocated) at the end of the contract year, a landlord can decide that he would no longer renew the contract and give a tenant ample time to arrange another place and move. If he was a squatter (that means he wasn't paying rent or having any official ties to support his right to use the place for a certain period of time as OP puts it, then he can not come and insist he stays and becomes an official tenant. Yes he can not be kicked out just like that but he can not insist he become a tenant by force.

2 Likes

Re: Sublet/squatting Tenants Is Refusing To Move. by bebe2(f): 8:59am On Mar 27, 2017
jumpandpas:


Were they properly informed that the house will be sold or have been put for sale or you just bought the house and told them to leave?.

Yes ooo

The other 3 tenants left.
The property was on the market for over 6months

1 Like

Re: Sublet/squatting Tenants Is Refusing To Move. by jumpandpas(m): 9:04am On Mar 27, 2017
delishpot:


If I traveled and left someone in my house, I will let the landlord know that I am still responsible for the rent and as such my family can stay. In sane climes you will pay extra for bringing in a squatter to live in the house with you. I believe the real tenant has washed his hands off the rent when he moved out (not not that he traveled he moved out and relocated) at the end of the contract year, a landlord can decide that he would no longer renew the contract and give a tenant ample time to arrange another place and move. If he was a squatter (that means he wasn't paying rent or having any official ties to support his right to use the place for a certain period of time as OP puts it, then he can not come and insist he stays and becomes an official tenant. Yes he can not be kicked out just like that but he can not insist he become a tenant by force.

One thing about humans is that we write or say things to win any argument but in practicality, we do otherwise.

1 Like

Re: Sublet/squatting Tenants Is Refusing To Move. by SirAweezy(m): 9:06am On Mar 27, 2017
Loisemm:
Pls give him like 3more months to get his finances together and move. Pls pls, times are hard. For the sake of his family, give him time. I doubt one month is enough. Just be sure to put this notice in writing and signed by a lawyer too.

If he doesn't move by then, you can employ more force and legal proceedings to get him out.

If you give such people 1year, in the next 3years they are still in that house. Can you do business on credit in the name of "Times are Hard?"

I pray you don't come across this person as Tenant.

3 Likes

Re: Sublet/squatting Tenants Is Refusing To Move. by SirAweezy(m): 9:11am On Mar 27, 2017
bebe2:


I don't think the lawyer knows what he is doing have to fire him.

Oga tnks for ur time ,
ur cheque is in the post grin

Good decision!!!
Re: Sublet/squatting Tenants Is Refusing To Move. by JhyMedex: 9:11am On Mar 27, 2017
Daboomb:
Tenants have right, so do House owners.
If you are not a bonafide tenant, you cant enjoy the "rights" of a tenant, under the law.

So, the crux of the matter is for you to establish that he is NOT a Tenant in that premises but rather he is Trespassing on your property.


*get the original tenancy agreement of the tenant he is squatting with, from the Lawyer (I dont trust that your Lawyer one bit!).
*get the real tenant to "communicate with you" in writing that the has vacated the residence. You can send him a chat message asking if he is still interested in the house but you must phrase it in a way that will make him to say NO.
For example, tell him their are some charges that he needs to pay (Security charge, Maintenance charges, e.t.c that amounts to #100K), and you want to know if he should be billed, on the assumption that he is still holding unto the place!
grin grin

I am sure he will quickly tell you that he is no longer responsible for the place!
undecided grin

Armed with that "exchange of communication", you can just reply him that since he has vacated the place, you will no longer demand such money from him nor establish further communication with him and just wish him well in his new abode.

Now, go back to the "Squatter" and let him know that he is TRESPASSING on your property.
Dont even say he is squatting at all.

Give him two days to disappear (ofc, he wont).
Report a case of "Trespassing on private property" to the Police and charge him to court.
In the meantime, you have the right to recover your property as the law does not protect anyone committing an offence.
Double Lock the place and let him go and bring Police (The same Police that you have reported him to, for Trespassing!)

As for the Mediation Center, simply tell them you dont know him and that you have reported him to the Police for trespassing on your property.
Since he is the one that would be claiming he is your Tenant, the onus is on him to provide evidence of a tenancy contract between YOu and HIM
.

Now, (if you want to be nice...l am not) he can be advised to leave the place, with a "written undertaking" in place, in a week or two weeks time (Its not your business if he sleeps under the bridge, he is obviously a trouble maker and such people dont deserve any pity).
Dont agree to more than two weeks, be firm on this because after that length of time, you are going to "dash him" some "Squatter Rights" which you dont want to.

On the contrary, he might prove stubborn:
Charge his Trespass case to court .. while he will charge you to court for violating his "tenancy rights", as a Landlord!
Your Lawyer will insist, at the Mediation Centre, that there is an ongoing "Criminal case" on the matter and as such, it super-ceeds a "Civil case" of Tenancy.
A Criminal case must finish before the civil part/matter can be heard! grin grin

So, he gets docked for trespassing..... and You win that case because you did not rent the place to him nor did you have any rent Contract with him.

His defence will be that "he sublet the place" from the previous Tenant.
You will debunk that by saying the previous tenant has vacated the place and you dont know who he is andneither are you a party to subletting, which is unlawful and illegal.
(That "written communication" you established with the bonafide tenant, is your proof)

Apart from the fact that subletting is illegal, you actually dont know him. Finito.
He could be fined or jailed for Trespassing. I dont give a f*ck!

The Civil case will die a natural death, using the same arguments above (ofc, he wont even show face again.)

You see why l said l dont trust that your Lawyer?
he should have laid all these down on the table for you.

Now, can l have my "pay" for this brief, please? l wrote it at 3am! grin grin
I suppose u read Law at at a reputable School... Am feeling Proud on ur behalf..grin

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