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

Turbocharged:


Bros, na this small matter u dey write all this essay for? No time to read them, abeg.
One thing I know is that I have given the poster the best advice I can give to myself, if I am face with such situation (Look before you leap). He can take my advice , or any other one he think will be best for him.
End of this matter

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.

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!

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?