Daboomb:


Dont mind me, "jack of all trade"!
read too many things in my short life!

But everyone should read law .....or at least take elective courses in law!
Its just opens your mind to critical thinking.

I am feeling proud about you too joor!

BTW...... UNILAG (not MAULAG! )is a prestigious school, even more, in those days!

Daboomb:


Thank you posting my cheque!
Postman nicked it but no wahala.
I wish you the best in your new house ............. and to think we use to insult each other before in the Politics section!

'Church' is Life

Badgers14:


But dude is a squatter though..

His name is not even in the book. This is actually a none case.

Do you know if you want to be rugged, you could talk to the police and they will drag him out of there. Because he is not your tenant, he doesn't have tenancy agreement.

I wouldn't even reason legal option here because the case is likely to be thrown out it you are going for notice to quit ( at least in a civilized world). The better route would be criminal possession of your property.

For people reading this, if you are planning on sharing flat, make sure your name is included in the tenancy agreement.

Dreamwaker:
Remove the windows and roof and act like you are renovating. That's the best trick landlords over here use.

Turbocharged:

Any landlord that try that with my relative, will pay through his nose.

#

Turbocharged:


That police option can backfire. In justice, there is what is called LAW vs EQUITY.
In law, you have the case. But in equity, the chances are 50-50. It depends on his plea and theJudge on seat.
The best route is the court. Dont use tge police option it can put u in trouble.

bebe2:


Pls tell me it's a joke, one year rent

Of how much? To how many tenants ?

Daboomb:


Chai! Did l hear you call me "honourable"? Dont let Saraki and Dnino people hear that you call somebody who is not one of theirs "Honourable".

I an NOT Ooooo.......... l was just joking when l asked to be paid for "my brief", as in l was just helping another House-Owner, having been a Tenant before and now a Landlord for many years.

Okay, if you want to spill the beans here so we can all discuss it, l will still try to give my best "advice", as l would do if the issues were my personal issue.

if you dont want to discuss it openly here, just send me a PM and we can discuss it by Email. (I think others might also benefit, if we discuss thing so openly but then, it is within your rights too, to exercise your right to privacy)

Phone call on/with Nairaland is a 'No-No' for me, please. (Privacy et al.......... my apologies for that).

bebe2:


So how many months rent Did u offer him?

Daboomb:


My Oga-at-the-Top,

To be honest with you, Landlords have the upper hand 'only' when engaging a Tenant, at that point when they are just interested in renting your property, that is when you have the "Ace" in the `relationship and you must not waste that 'Ace'.

My advice to all House owners:

1.) Is to "tighten your Rent Contract" with any Tenant properly, let the contract be properly executed, and even Stamp-dutied so that it can have the force of Law (It may cost you some change but hey, it will save you a big Headache in future).
The 'Stamp' part has to do with "Agreements reached privately", which may not be expressly stated in the Lagos State tenancy Law 2011 (amended... if you are in Lagos!). This will make the agreement enforceable in court, as long as it is not un-enforceable ab initio, by the same Law.

2.) Put all the "Clauses" that would make eviction easier for you, when the time comes, inside the Contract.
Dont ever give out your Key, unless the Agreement is properly signed.
Beware of impostors, who use fake I.D's, Fake Husband, Fake wife, Fake work place, e.t.c to secure an accommodation.
Interview `your Tenants personally, there are 'signs' you will notice at first sight, if you are the "sharp" type.
I personally dont like lose & flippant people.

3.) Draw the attention of the Tenant to those Clauses, within the Contract and let them sign that "I have read the above (or it has been explained to me in a Language l understand) and that l "willingly and unreservedly agree to be bound" by these clauses, being an express agreement between me and the House owner" without any pressure whatsoever, from any event or the House owner.
This will ensure they dont turn around to say that "it was forced on me or l dont have a choice but to agree".

4.) State all applicable "surcharges" associated with the rent, in the Agreement Contract and let them sign such again, within the contract.
Dont be greedy, treat your Tenants fairly, when it comes to issue of money. Dont try to heap all your financial responsibility on them, just let them pay for only what they use and is "just".

5.) Let the Contract stipulate explicitly, CONDITIONS that will VOID the Rent Agreement e.g, altering the plan of the house .
"Voiding" the Rent agreement means they are no longer a Renting Tenant and must submit the Keys to the house or the reasons for voiding of the Contract becomes a reason, acceptable in court, for terminating their Rent at any point in the Rent Agreement e,g, mid-term of the yearly rent.
I always say "Tenant and House Owner" are like a Cat and Mouse, their "friendship" canonly go as far as they have a mutual point of interest, which is very rare!

Finally, let me also state that the Tenancy Law does not state anywhere, that a tenant must be given "free usage/ Rent -free occupation" of the house, during the Ejection Notice period. (If anyone thinks otherwise, could they be kind enough to point it out to me, please).

If for example, l give you a 3-month Notice for repossession of the occupied flat, it does not mena you will spend that 3 months "without paying rent" ......... A lot of Tenants equate "Notice period " to "Rent free period"!
That is very wrong and misleading........ though, a lot of House owners just overlook it because they are desperate to get the Tenant out and if such action will facilitate it, they dont mind.

Running away with "owed Rent" itself is an offence under the Tenancy Law.
The Landlord, if aware that you are "surreptitiously" packing out (A Tenant is required to inform the Landlord in writing, of their intention to pack out of the Rented place, also giving a "Notice Period") and have outstanding Rent, the Landlord has the Right to prevent the commission of a crime (running away with rent) by either bringing-in the Police to arrest you immediately during the process or to detain you from executing the action (a crime), inform the Police and execute a 'sort of' citizen arrest, pending when the Police arrive.
The Tenants property/chattels may be impounded pending when the matter is charged to court or he pays outstanding Rent.

But trusts me, most "Tenants from Hell" will monitor the Landlord properly and sneak out when they know he is not around!.

If any Tenant alters your building without permission, the "legal route" to take is to charge him for "criminal damage to property" in court (A a Civil suit may follow, for restitution, if he is found criminally guilty of the damage)
It is time and resource consuming.
But you can take pictures of the alteration, report the matter to the Police and use the "advantage" to "Repair your house" (under which circumstances, you might need to remove the Roof and Windows...... if you get my drift ) but you need to be smart about this so you dont find yourself on the wrong side of the law.

My advice to Tenants:
1.) Make paying your Rent, your number one priority in Life...... even if you dont eat, pay your Rent!
Strange as it may sound, a lot of "bad things" happen (will happen) to you if you become homeless.
Aside the disruption of your family-life (if you have a family), you will become depressed, you will lose friends, you become an object of ridicule, your property will become scattered and lost in the process, people will start seeing you as irresponsible, e.t.c. The list is endless.

2.) Rent a House you can afford!
Dont rent a three bed because you just won NairaBet..... you cant be winning NairaBet every year when your rent falls due!

3.) Let your Rent reflect your power of earning/steady income.
Dont Rent a 3-bed when your salary can only accommodate a self-contain.
Dont try to impress anyone by forming "Big Man". The only Big Men l know are those who own their own house!

4.) If your income dips (recession, salary cut, loss of job, e.t.c), scale down your accommodation. Talk to your Landlord if you are sure it is temporary and short duration (3months at most) but just look for a smaller house instead of struggling to pay the huge rent of the big house.
when things improve, you can also upscale your accommodation
This is why most Home owners dont like to Rent to "Traders/self employed" because their income is unpredictable and suffers variation from time to time.
When it is 'down', they cant afford to pay rent ........but when it is "Up", that is when they remember to throw a party or buy a new car.... instead of making provisions for say, consecutive two year rent!

5.) Most importantly, Buy a Land and try to build your own "small house' on it.
Even if its just a room and parlour, build it on the land (to secure it and to ensure that if "emergency" arrives, you wont be thrown on the street!)
Dont wait until you can afford to build a Duplex, before you start building your own home. Dont be greedy!

Small-small..... the Snail too gets to its own destination, just like the swift Cheetah.

I hate Landlords (I am one)..... so l build my own House!
I dont "fight them" to prove l hate them..... l just join them.

lorhema:
. We didn't offer him anything. I thought the advice was rubbish because the landlord stopped collecting rent from him 6 months earlierwhen he informed him that he wanted to sell the house. We left him for 2 months and had to get serious when we realised he had no intention of moving out. My lawyer friend's advice showed me that not all lawyers are aware of how all laws work. She was even surprised when she called and I told her we had taken possession after paying just the lawyer's fee.

iguita:
It was small money oo. About 36k we room. It was a face me I gave you apartment. There were four tenants.

bebe2:


WHAT ??

Please forgive me ooo

Na my village pple cause am,

This Nairaland sef, dey make person hot some times.

Forgive ke? You did not even offend me ooo.......... its all about winding and unwinding!

I dont take "Nairaland abuse" seriously, ..... na me abuse person pass sef!
If everybody l have abused on Nairaland should take me up, then l don die be that.
Its all in good humour joor.
Maam, do have a very pleasant week ahead.

Badgers14:


Well. I have never practised in Nigeria and not familiar with how the law work and all but I am very certain in most U.S states, A judge is likely to throw out the case, in fact as an attorney you will embarrass yourself in court. Why you might ask? Giving the guy notice to quit on what basis? As a legitimate tenant ? Which he is



Even in Nigeria I would think this is a criminal case and not a civil case.

This is why i also advice in all my posts for people to make sure there name is in the agreement if they are sharing a flat or shop.

Legally speaking, dude that went to get that piece of paper at the mediation center that's a rubbish move on his part. This is the kind of thing that makes someone to get a strong heart.

The guy should be trying to work out a deal with the landlord and not the other way round.

Turbocharged:


That police option can backfire. In justice, there is what is called LAW vs EQUITY.
In law, you have the case. But in equity, the chances are 50-50. It depends on his plea and the Judge on seat.
The best route is the court. Dont use tge police option it can put u in trouble.

Turbocharged:


The case is the same in Nigeria. It should treated as ILLEGAL/CRIMINAL OCCUPATION. As for using the Police to evict him, it could backfire if the person take him to court.


100% support


This is another reason he should not go thr police route. You dont know who is advising or supporting the tenant. And if the tenant go to court, the court will uphold the decision of the Mediation Center cos it was established by law.
2ndly, the guy has been living there and paying his rents. He has receipts and co-tenants as witnesses.

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!

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

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!

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!

Daboomb:


Forgive ke? You did not even offend me ooo.......... its all about winding and unwinding!

I dont take "Nairaland abuse" seriously, ..... na me abuse person pass sef!
If everybody l have abused on Nairaland should take me up, then l don die be that.
Its all in good humour joor.
Maam, do have a very pleasant week ahead.

Badgers14:


Your last paragraph got me puzzled.

What legal standing does the squatter guy have to sue the landlord to court?

Daboomb:


Sir, Equity is all about Justice and Fairness.
That is, serving Justice ....and doing it in a fair manner, despite the law "being blind" and "an ass"!
The Sword is for Justice, while the Scale is for fairness (Balance).

Using the information provided by the @Op "as it is", l think we can make a few deductions, using the "Equity route".

*The Squatter has not been paying rent, so is it Equitable to make use of someone's property and not pay for it?
*The Squatter did not "beg for time" or plead mitigating circumstances instead, made a very annoying retort " Where do you want me to get 500K to rent another house".

*Now, is it the responsibility of the House owner, to provide \rent money for a squatter or is it by force that he must expend 500K on accommodation?
*The @Op have made an offer to allow him to package himself and leave, (free, in addition to the free rent he has been enjoying), yet he did not avail of that opportunity.
*THE Squatter has also been a beneficiary of an illegal act viz "Sub-letting"

It is said that "He who must come to Equity, must come with Clean hands".

The Squatter cannot benefit from "Equity" because his hands are not clean, having committed an illegality and in addition, having displayed gross insensitivity to the plight of the House owner.

No Judge will further his act of illegality.

My opinion though.

Turbocharged:


The poster wrote that they bought the property from another person. The question you should ask yourself is "why did the former landlord not evict him after the original tenant left the country?". Probably, the guy has been paying his rents.

Badgers14:


That was a legal question tho, that a squatter was paying his rent still does not make his tenancy " legitimate" as required by law.

Turbocharged:


Which law?


Nigerians and unnecessary argument are like cheese and burger.

Turbocharged:


I like the fact that you understand the workings of the law, but I want to throw more light what we already know.
In justice, if the LAW is followed, it based on codes. That is when the sections of the law is quoted. But in EQUITY, it is the Judge's calling: just like in PLEA BARGAINING. That is the much I can say for now on that.
Coming to the issue of him occupying the place ILLEGALLY, I dont think that is the case. (I stand to be corrected). If he was illegal, why didnt the former landlord evict him after the original occupant left the country?
Think about it

Turbocharged:


I like the fact that you understand the workings of the law, but I want to throw more light what we already know.
In justice, if the LAW is followed, it based on codes. That is when the sections of the law is quoted. But in EQUITY, it is the Judge's calling: just like in PLEA BARGAINING. That is the much I can say for now on that.
Coming to the issue of him occupying the place ILLEGALLY, I dont think that is the case. (I stand to be corrected). If he was illegal, why didnt the former landlord evict him after the original occupant left the country?
Think about it

Badgers14:


Don't argue legal facts if you are not familiar with it, leave legal arguments to lawyers and watch from the stands.

The assumption you made on your last paragraph is nonsense.

Grab a sit and learn, since op did not state in the original post that the former landlord was aware that the guy was a squatter, and neither did the tenant confirm that he was permitted by the landlord to live in the said flat.

His only response according to what op posted here was, where does op wants him to get 500k to rent a new place?

Why are you making the argument then that the former landlord should have evicted him for occupying the flat illegally?

You might have a very nice big lawsuit hanging on your neck. That's an accusation

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!

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

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!

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!

Daboomb:


Your "premise" of this "Tenancy Legality" is based on the fact that the original house owner did not eject him after the original occupant left the house (That much is evident in your submission).

Now, let me throw back some questions at you:
1.) Does "ejection process" take some time ... or you can just go-in and bundle the Tenant out? If your answer is that it takes some time, then can you imagine a scenario where the Landlord tried to eject him (the squatter) and he refused to move-out, citing the same ridiculous excuse of where to get 500K to rent another house? Is there a possibility that this was the case (and can it be argued successfully in court) ...till the Landlord sold his house?

2.) Another plausible reason is that the landlord was "not disposed" to undertake such strenuous exercise, at that point in time (Reasons that may be adduced in a law court for not being disposed include but not limited to: Financial situation, Health situation, time factor, e.t.c)

Limiting ourselves to the two reasons above, would you as a Judge still make a decision that the Squatter was a legitimate tenant, simply because the Landlord did not evict him after the original tenant left....... after the Lawyer makes you aware of any of the above, being reason for his (Squatter) continued enjoyment of such undeserved privilege of living in a house he had no tenancy contract over?

Notwithstanding all the above, the "legal position" is that Tenancy is established when and only when a "Valid Tenancy Agreement Contract" is executed between a House owner and a person looking to rent...and a consideration for such Agreement (The Rent Amount) exchanges hand between the two aforesaid parties.
That you were "left hanging in there" ......does not constitute a Valid tenancy Agreement Contract.

Now, Think about this properly

BTW: The Law regarding equity is not just based on the whims and caprices of a Judge, it is guided by "Precedence and a lot of common Sense", bearing in mind that the integrity and standing of the Judge is also at stake!

Equity <= Equitable <= FAIRNESS