komols856:
Hello to my follow Naira landers, i know problem shared will find a solution.

We have been given 2 months impromptu quit notice from our landlord through his lawyer. And information gathered has it that they have secured court injunction to throw us and our properties out of the compound forcefully irrespective of Lagos state government tenancy law that demand 6 months prior notice before ejection of tenants after quit notice.

The house in question is a 3 bed flat, and 1 room and palour self-contain. A particular family was living in that house before, but they were transferred out of Lagos in 2014. after that, they then bring one of their church member that were having accommodation problem to come and live in the house and continue the renewal of house rent since the landlord was not living in that house, but the caretaker were notified of the new development and there was no problem as long the payment of the house rent is maintained. However, the new occupant cannot afford to pay for the flat alone, other tenant came in to share the flat and the house rent among them and there was no problem, some have lived and left the house to another place but before the go they will put their brothers to avoid paying agent and agreement fee.

There was no problem until recently when the caretaker came to befriend one of the tenants and things turn out against his expectation and consequently got angry and decided to punish all the tenants. He went ahead to rubbish us before the landlord and he then ask the landlord to issue us quit notice. the caretaker is the only one that the landlord knew before he relocate to Canada, and we have been paying house rent through the caretaker which in turn send the money to the landlord account since 2014 and it is presumed to be the one that rented the flat. The rent has always been paid in the name of the caretaker as the only occupant of the flat.

Now, we were notified of the quit notice last week which was addressed to the caretaker name based on what the caretaker asked the land to do. after the caretaker pasted the quit notice for us to see, we discover that it was back dated to reflect march 2017 to enable them claim in the court of law that the quit notice has been issued to us since march and that makes them to as well secure court injunction to eject us by force at the end of this July. we have been begging the landlord to at least give us like 3 months after July ending to enable us secure another accommodation, but the landlord refused, saying he don't know us and we have no tenancy agreement with him.

Please we need advice of what to do in this case and how to get a human right lawyer to defend us, because now we do not have money to urgently rent another house, neither do we have money to make case with the landlord. All we are asking for is more time to get money and rent another house since he said we should not pay again immediately after the expiration of our rent at the end of this July.

Please your suggestions and opinion is highly needed.
Thank you.

Hire a lawyer n stop begging d stupid landlord

Papiikush:
Bro, there is no other way, you've got to evict the residence.

By the way One month is too short for a quick notice. A minimum of 3 months is required for you to get another apartment.

If your landlord is giving you problems you should take this up to human rights activists.

if you can still say 'quick notice' instead of 'quit notice' then i can understand your academic background...
only your confidence can take u higher in life...intelligence? No!!

To advise you as a lawyer, firstly, if irrespective of any quit notice or any backdating of quit notice, as long as your tenancy has not elapsed, nobody has the right to throw out your belongings from the building. The position of the law is that, even when your tenancy has been determined, a landlord or whoever acts on his behalf is expected to file a claim to the court to recover possession. However, if the landlord wants to collect the rent for the period you stay over after the expiration of your rent, the law allows him to claim what we call mesne profit for that period instead of resorting to self help by throwing out your belongings. In other to do the necessary things to save you any embarrassment, I'd advise you get a lawyer. If it is Ibadan, you can beep me on 08182106124

Ohanaka295:
Once the caretaker has a proof of service of
The notice served on them, it is
Valid. He can paste it on their door and snap it. That already is proof of service.

They just have to plead for more time to vacate.

Yes, if he pasted it on their door or slid it under their door and can prove it, the notice is valid. Unfortunately, we don't know exactly what transpired. I was just letting the guy know his rights, as well as his obligations.

The two need to prove their cases to the court. It is not game over yet, till a competent court of law determines the outcome.

Thanks for your contributions. This is what we need here on NL. Not all the yeye topics up and down.

Sterope:
I disagree


They may not have a tenancy agreement but their occupation was acknowledged and rent was received , basically they have an oral tenancy.

@OP, consult a lawyer. He/she may write a letter to the caretaker on your behalf.

Oral? Naaaa

I have taken a case to court before when a Tennant failed to leave my house. The lawyer first will take his/her appearance fee about 5k, and help you adjorn the case to buy time. But if you don't have a valid receipt and or tenancy agreement, then leave his house.

You might end up loosing and paying a layer isnt easy

There is something the Op isn't telling. No landlord will eject a paying tenant, especially in this economy. No court will issue an injunction to evict tenants (an order of possession), before the conclusion of the case. Which court is hearing the matter? When was the last rent paid? These are the things that will determine the nature of the notice you are entitled to, even in the absence of an Agreement.
The bottom line is: seek legal opinion from one or two lawyers and file an appearance in court, if the case is still on.

mark2sunny:


Oral? Naaaa

I have taken a case to court before when a Tennant failed to leave my house. The lawyer first will take his/her appearance fee about 5k, and help you adjorn the case to buy time. But if you don't have a valid receipt and or tenancy agreement, then leave his house.

You might end up loosing and paying a layer isnt easy

There is agreement, it doesn't have to be oral or written. By law, if you allow another person the use of your property, after a while, consent is implied. It is a universal practice. Your silence is taken as an agreement.

All the tenants need to do is to prove that they have been living there for a while and that they were not served the quit notice as at when claimed. The onus is on the caretaker to prove to the courts that he served them the notice as required by law.

Unfortunately, some of the lawyers and judges are too lazy to research. They will take the easy way out and ask the tenants to leave.

FTbomb:
you're either a wicked landlord or a sadistic caretaker.

nop just a realist - i call a spade: spade and not a shovel.

you have no right to sublet anybody's house for whatever reason - not even in the most advanced society talk-less of Nigeria.



they should vacate the man's house - period.

doughziay:
Go to court.

The case will be delayed for another 6 months

or better still go to a mediation centre to resolve d issue

onyeawka80:
or better still go to a mediation centre to resolve d issue

The mediator at the mediation will only appeal to the landlord to give you people some time. The best thing get a lawyer to drag the matter so you will have ample time to vacate. But have it in mind that you are vacating the property.

You all are illegal occupier of the house which is against tenancy law .No sublet,No transfer of rooms should be done in tye absence of the landlord .You people should keep begging him cos he has the right to evict as an intruder on his property .

komols856:
Hello to my follow Naira landers, i know problem shared will find a solution.

We have been given 2 months impromptu quit notice from our landlord through his lawyer. And information gathered has it that they have secured court injunction to throw us and our properties out of the compound forcefully irrespective of Lagos state government tenancy law that demand 6 months prior notice before ejection of tenants after quit notice.

The house in question is a 3 bed flat, and 1 room and palour self-contain. A particular family was living in that house before, but they were transferred out of Lagos in 2014. after that, they then bring one of their church member that were having accommodation problem to come and live in the house and continue the renewal of house rent since the landlord was not living in that house, but the caretaker were notified of the new development and there was no problem as long the payment of the house rent is maintained. However, the new occupant cannot afford to pay for the flat alone, other tenant came in to share the flat and the house rent among them and there was no problem, some have lived and left the house to another place but before the go they will put their brothers to avoid paying agent and agreement fee.

There was no problem until recently when the caretaker came to befriend one of the tenants and things turn out against his expectation and consequently got angry and decided to punish all the tenants. He went ahead to rubbish us before the landlord and he then ask the landlord to issue us quit notice. the caretaker is the only one that the landlord knew before he relocate to Canada, and we have been paying house rent through the caretaker which in turn send the money to the landlord account since 2014 and it is presumed to be the one that rented the flat. The rent has always been paid in the name of the caretaker as the only occupant of the flat.

Now, we were notified of the quit notice last week which was addressed to the caretaker name based on what the caretaker asked the land to do. after the caretaker pasted the quit notice for us to see, we discover that it was back dated to reflect march 2017 to enable them claim in the court of law that the quit notice has been issued to us since march and that makes them to as well secure court injunction to eject us by force at the end of this July. we have been begging the landlord to at least give us like 3 months after July ending to enable us secure another accommodation, but the landlord refused, saying he don't know us and we have no tenancy agreement with him.

Please we need advice of what to do in this case and how to get a human right lawyer to defend us, because now we do not have money to urgently rent another house, neither do we have money to make case with the landlord. All we are asking for is more time to get money and rent another house since he said we should not pay again immediately after the expiration of our rent at the end of this July.

Please your suggestions and opinion is highly needed.
Thank you.

Bruv you can let the matter go to court...
The notice given to you is defective..
Concerning the issue of Subletting and Trespass: If it was stated in the initial agreement, with the first tenant, not to sublet, then the owner of the property has a right to evict you from his property. However, there is what is called "waiver of rights" which can be express (oral) or implied (conduct). The caretaker who is an agent of the landlord, being aware of the sublet refused to act and furthermore, received rents from the subtenant. He is deemed to have waived the right of the landlord to evict on "the ground of subletting". If he now goes to court seeking to evict on that same ground, an average standard lawyer knows that he can raise a defence on the ground of the equitable doctrine of estoppel..
My advice to you is that before the matter goes to court "properly" you start arranging yourself for a new apartment..So you can easily tell the court that you need just a little time to organise yourself and move out...

This piece of information should not be regarded as a professional advice.. Should you require a professional advice, you can contact a lawyer very close to you or you can reach me on oyedejitobi@gmail.com.
Cheers

Eluwilussit:


You have a case. It is not as hopeless as some people make it sound. In the British common law, which most countries practice, including Nigeria, when one is in possession of another's property, after a period of time consent/agreement is implied. The law assumes that the owner of the property has given his consent to the status quo by keeping silent.

So if you have been dealing with the caretaker all these years and it was okay with the Landlord, then he was in total agreement with everything. The caretaker has committed a crime by backdating the quit notice, that is if you can prove that he did.

The quit notice starts the day you receive it and not the date on the paper, unless the caretaker can prove that you guys evaded the notice. This is a difficult thing for him to do. Go to court. Ask for the maximum time allowed by law, and agree to move out if it is not resolved. The law is on your side. More so, God is on your side. Don't panic.

thank you

Ohanaka295:
You people are illegal tenants already. First whose name is on the notice to quit? If it is the former legal tenant, just know that it will be easy to get judgment against you people. I it is your name, get a lawyer who can help you out. When they start to drag proof of service, tenancy agreement and some other things, the matter will prolong due to several adjournments, by that time you will have ample time to vacate.

From the look of things, I think the matter has been going on in court without you knowing. Before you know it, they will get judgment and get execution of judgment and your properties will be thrown out by the bailiffs.

You people have two options, get a lawyer to drag the matter a little or vacate. You can't win landlord on his property, even if judgment is in your Favour as tenant, you can never be at rest in the property.

the caretaker name was the one the address the quit notice letter to

Billyonaire:


You are not a landlord obviously.

Your understanding of being a landlord is worrisome. Isn't it that when you suspect that someone is trespassing on your property, you call the police and take that person to court.

Do you go ahead and conive with your agent, and collect money from the person? Not only that, do have to wait until the person refuses your sexual advances before you act?

Have you heard of the crime called sexual harassment? In a same climate, landlords like you would loss their house in no time.

At embolden ....classic reason why most landlords are very careful the kind of tenant they allow into their houses Landlord say give me back my house and you think taking him to court to fight him is the best SMH I know some landlords can be over bearing buh ....its their sweat, do not suffer them to enjoy their sweat please.

mygeeZ:
By virtue of payment and receipt your a tenant. That said, you need to get a lawyer as soon as possible. Don't be afraid the notice the gave you is wrong by back dating it. I know you didn't sign acknowledgement form for the notice.
The law require a six months notice to be given to you and another 21 days and 7days of owners intention to recover possession. At the expiration of this statutory notices you will now go to court which will last minimum of 6 months before trial and judgement.
You have close to a year and six months before concluding this matter.
Meanwhile, you will still pay the rent and mean average at the end of trial. My advice use the period of court to look for house and vacate. Don't be intimidated. Peace

bolegs:
Contact me directly I might be able to help you .

good evening I was just wondering if I could contact you. Kindly quote back