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Nairaland Forum / Nairaland / General / Properties / My Tenant Refused To Park Out After His Rent Expired (33044 Views)
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Re: My Tenant Refused To Park Out After His Rent Expired by Carlyn: 11:02am On Dec 16, 2017 |
Please how do i go about such, i want to teach my ex-tenant lesson, who duped her luggages in the house and moved out... Asking me to do my worst and if i should temper remove her luggages in the house, she will claim she kept million in d room and only travel.. that i must pay all the damages. what do i do Daboomb: |
Re: My Tenant Refused To Park Out After His Rent Expired by Daboomb: 11:03am On Dec 16, 2017 |
coolcatty: I guess the problem of asshats like you is to try to cheat those who have sweated and made something good of their life. Some like you will die in a rented room and still they cant find where to bury your body! And YES, having your own house is one of the yardstick that shows you are progressing in life. ebujany: Just listen to this one! When are you supposed to pay your yearly rent when the last one has expired? If credit expires/finishes on your phone, do oyu continue to make calls, without buying new credit? Poverty mentality is your problem. FYI, Your rent should be the first "savings" you make, even before buyin Chritmas dress and Chicken because once you eat all those, you will go to toilet and the next week, you are a debtor to your landlord! Build your own house, you cant build. Pay for the one you are renting, na wahala....is this what poverty has turned you to, in life? Ask your brothers who live abroad whether they dare not remit their rent on the first day it is due. Over there, it is just 7days and you are out. Landlord will even just change the keys to thehouse and embarass you openly in the neighbourhood. It is only here in Nigeria that some of you are used to chronic debt. No wonder many of your types endup sleeping under the bridge. 4 Likes |
Re: My Tenant Refused To Park Out After His Rent Expired by ayokellany: 11:06am On Dec 16, 2017 |
Airforce1: He should pay after a year ba ? 2 Likes |
Re: My Tenant Refused To Park Out After His Rent Expired by Nobody: 11:07am On Dec 16, 2017 |
Exert some force! It will serve as warning to others. Since this one has pushed you to the wall. Take the full 9 yards out on him. He is currently making you seem weak in front of other tenants & this is bad for business. It's your hard work nd sweat! No nincompoop should give you headache. |
Re: My Tenant Refused To Park Out After His Rent Expired by Carlyn: 11:07am On Dec 16, 2017 |
How do you get a copy pls Daboomb: |
Re: My Tenant Refused To Park Out After His Rent Expired by zodd(m): 11:08am On Dec 16, 2017 |
Talking from experience here - Don't wait for any useless courts judgement! After the six months notice it will take more than a year to get him out through the courts and he still may not be able to pay anything substantial anytime soon - if he's able to prove he does not have the capacity, and you will be forced to make some useless arrangement where he pays about 3% per month, spreading it over 2&1/2 years (not adjusted for inflation), and he may not even have anyone to Guarantee it. It is not a crime to owe. If you are certain he has no intention to pay, You need to take matters into your own hand and make his life unbearable. We were in a similar position with one of our tenants. The case was in court for more than a year and while its was in court we could not forcefully evict the tenant, and they racked up another years rent while we were at it. We incurred legal fees, wasted valuable time, and hearings were being postponed regularly by the lazy Judge. My advice is to first cut access to all services; light & water at source, parking (park a vehicle there, many people have old, broken-down vehicles - tow it there if necessary), cleaning the vicinity, security etc. Service Charge is not part of the Rent and is treated separately by law. If he does not pay for those services - he does not receive them, there is no transfer of possession bullshit. If that doesn't work start a renovation on your property. Get a engineer (registered biz) to do a bogus structural integrity check and write a report sighting an imminent collapse of your building including the roof with various critical faults especially at his location - and others, then you can dump a tipper of sand at his doorstep, remove the roof, etc... be creative. No Judge is going to fault you for ensuring the safety of your other tenants, and preventing your building from collapsing. He will leave. If he doesn't life will be unbearable, with no basic amenities etc.. Our gate-man ensured the tenant stayed at the gate for about 10 minutes each time they got back and he would rain insults at them, since we could not deny them access. All this methods are still within the law.. Since you have gone to the courts already. |
Re: My Tenant Refused To Park Out After His Rent Expired by Chukazu: 11:11am On Dec 16, 2017 |
PropertiesNaija: What do you mean by "week of grace"? If he pays yearly,he is entitled to six months notice,if he pays halve year...he is entitled to 3months notice |
Re: My Tenant Refused To Park Out After His Rent Expired by Daboomb: 11:12am On Dec 16, 2017 |
Carlyn: Give me more information: Yearly Tenant? How long has the placed being locked Which date did last rent cover up to? what have you done before now (Court, mediation, e..t.c?) Edit: Since you are not responding immediately, l have other things to do rightnow. But below is the part of the Lagos State tenancy Law 2013, which specifies what your problem is and what you are allowed to do, IN LAW. (Avoid self-help, as much as possible) Section 15-(1) A premises will be deemed to be abandoned where the- (a) tenancy has expired ;and (b) tenant has not occupied the premises since the tenancy expired and has not given up lawful possession of the premises. below is what you or your Lawyer will do (2) Following subsection (1) above ,the landlord shall- (a) issue a seven (7) days notice of the landlord's intention to recover possession as prescribed in Form TLA, which shall be served by pasting the notice on the abandoned premises; and (b) apply to the Court for an order for possession and an order to force open the premises. NB: You should not have wasted time on such matters. landlords need to start acting VERY SWIFTLY. 2 Likes |
Re: My Tenant Refused To Park Out After His Rent Expired by Chukazu: 11:15am On Dec 16, 2017 |
zodd: Bros if na me ,I take counter measures o...you can't fit treat mua like that mek I no retaliate |
Re: My Tenant Refused To Park Out After His Rent Expired by Carlyn: 11:18am On Dec 16, 2017 |
CJIDEX:I'm coping d number too |
Re: My Tenant Refused To Park Out After His Rent Expired by PeacenLove2: 11:20am On Dec 16, 2017 |
zodd: Wow! You got me thinking! |
Re: My Tenant Refused To Park Out After His Rent Expired by Nobody: 11:21am On Dec 16, 2017 |
Chukazu: Hello sir, So, how do you define he "six months" and the "three months" notices? |
Re: My Tenant Refused To Park Out After His Rent Expired by mechanics(m): 11:32am On Dec 16, 2017 |
Use police to eject him out, if court don't want to do anything or go back to the court to make it official, some tenants are very wicked. |
Re: My Tenant Refused To Park Out After His Rent Expired by Carlyn: 11:55am On Dec 16, 2017 |
Sorry, just got your message Yes yearly It has been locked for the 8months I have not done anything... but i have been calling her on phone to come and move her lugages. let me have ur contact pls... Daboomb: |
Re: My Tenant Refused To Park Out After His Rent Expired by AdolfHitlerxXx: 11:55am On Dec 16, 2017 |
zodd: This is excellent advice. Everyone should take note. The tenant after his car battery has been stolen when parking outside and faeces overflowing from soakaways....he would pack out quickly |
Re: My Tenant Refused To Park Out After His Rent Expired by Nobody: 12:00pm On Dec 16, 2017 |
collinsmp: him build house for u or u Bleep him wife or his gf u no pay, then if no get a able-strong men to throw him out of d house, atleast one police officer to witness or goto police station to write a statement I know y I am saying this in case he take u to court. my friend throw him out. I owe n manage an estate of 15 bungalow In abuja I dont give a Bleep whether a tenant dnt have money to that y I requires them to pay 10% of insurance fee d total rent d year. NO BODY BUILD HOUSE FOR ME OOOO |
Re: My Tenant Refused To Park Out After His Rent Expired by Daboomb: 12:02pm On Dec 16, 2017 |
zodd: If a landlord tries the above with me (assuming l am a tenant or Lawyer to the tenant), he will wither pay compensation or go to jail for six months. I repeat, we need to be careful with self-help and ansure that we dont put ourselves in a situation that makes a wicked tenant to mock us even more! YES, "major repairs" is a VALID REASON for ejecting a tenant (Section 25, sub-section 2(c).... but you still have to follow the 'legal process'! I wont go into too much details but l will just quote that aspect of the law, which you have violated, using the above method: Section (, sub-section (4) Not terminate or restrict the use of a common facility or service for the use of the premises. (light, water, e.t.c) (5) Not seize any item or property of the tenant or interfere with the tenant's access to his personal property. (Access gate). Section (37), sub-section (4) Notwithstanding the provisions of any Law, it shall be unlawful for a landlord to eject a tenant from any premises pending the determination of the (instituted) action. Most importantly, PLEASE read Section 44, sub-section (1). I dont want to quote it here because.... Also, let me mention that "landlord not receiving" a Service charge from tenant, does not constitute Tenant "not paying for service charge". "Those who know and understand the 'law', dont take it for granted". Am done. 1 Like |
Re: My Tenant Refused To Park Out After His Rent Expired by Daboomb: 12:04pm On Dec 16, 2017 |
PropertiesNaija: It means you NOTIFY the Tenant in writing, of your "Intention to Recover your property" on or before the expiry of that period (six months or three months as the case may be...... from the date of service). |
Re: My Tenant Refused To Park Out After His Rent Expired by Daboomb: 12:05pm On Dec 16, 2017 |
Carlyn: It is ONLINE naah. use Google. or go to any Court and request to buy a Hard Copy. or any Legal bookshop |
Re: My Tenant Refused To Park Out After His Rent Expired by sanchybaby: 12:07pm On Dec 16, 2017 |
Make him uncomfortable jare... Look for smelling stuffs and place it in and around his flat eg urine shit and those Yoruba fake sacrifice.. bye go tire am. Na to use poison kill poison. Look for padlock and lock he room once a while... Remove his flat light... Remove the roofing to his side of the building.. alright. |
Re: My Tenant Refused To Park Out After His Rent Expired by Daboomb: 12:08pm On Dec 16, 2017 |
AdolfHitlerxXx: Read my Post! it is BAD Advice. because something looks outlandish, does not make it "legally acceptable". Be Guided otherwise, the tenant will leave you in court and come back to your house to tell the other tenants how he dealt with you and you know what that will make the other tenants do. 1 Like |
Re: My Tenant Refused To Park Out After His Rent Expired by Daboomb: 12:11pm On Dec 16, 2017 |
mechanics: Again, the Police have no hand in Ejection process, unless if ordered by a Court, through the use of a Bailiff. You guys shoud lat least try to know what the law says, before offering advice. If "your enemy" end-up in Kirikiri now or you are asked to pay compensation to your tenant who is owing you rent, you will say the law is bad! The law does not respect anyone (theoretically sha ) 1 Like |
Re: My Tenant Refused To Park Out After His Rent Expired by dondo83(m): 12:12pm On Dec 16, 2017 |
collinsmp:. Don't be penny wise and pound foolish it is better you let agents manage your properties ( note certified and reputable companies not road side caretakers ) my one cent |
Re: My Tenant Refused To Park Out After His Rent Expired by olmoRoc: 12:18pm On Dec 16, 2017 |
collinsmp: I can never become a landlord in Naija. My neighbor's tenant has refused to pack out despite not paying for years. Even after cutting off their power and water supplies, they're comfortably using the BQ. If you can't pay your rent, please move out of the house/apartment, and relocate to the village! 1 Like |
Re: My Tenant Refused To Park Out After His Rent Expired by olmoRoc: 12:19pm On Dec 16, 2017 |
I can never become a landlord in Naija. My neighbor's tenant has refused to pack out despite not paying for years. Even after cutting off their power and water supplies, they're comfortably using the BQ. If you can't pay your rent, please move out of the house/apartment, and relocate to the village! |
Re: My Tenant Refused To Park Out After His Rent Expired by Chukazu: 12:19pm On Dec 16, 2017 |
PropertiesNaija: From the last date of expiration of previous payment |
Re: My Tenant Refused To Park Out After His Rent Expired by Daboomb: 12:21pm On Dec 16, 2017 |
Carlyn: Use a number she does not know to call her, Record the conversation and allow her to do the talking and prod her further and let her boast that she will lock the place up and you cant do nothing. infact beg her to please come and open the place that you are losing moeny all these days she is not living there and just locked it up. (You are allowing her to incriminate herself ). * Then proceed to Court. * Go to the nearest Magistrate Court and ask for Form TL4 (7 days Notice of owners intention to recover property). * Paste it on the door, take Pictures, let the picture cover you pasting it there as well, you can place a "Todays Newspaper" on the door as well, to show/prove the date on it, so you can tell the Judge it was actually pasted on that date. You have to prove to the Judge the Notice was posted and not some "jankara" notice) *After 7days, go back to the same Court as ask for "an order to take Possesion and force open the door". * Court will grant it and give you a Baillif to go along with you. NB: If you know where she lives, you can also ask for the Arrears of your rent and if they give a Judgement for your Arrears (Mense Re). she will be a Debtor to the court and can be arrested. It is as simple as that. 2 Likes |
Re: My Tenant Refused To Park Out After His Rent Expired by Daboomb: 12:25pm On Dec 16, 2017 |
olmoRoc:\ And what is your neighbour doing about it.... or just allowing some useless tenant to live for free? If any of my Tenannt tries rubbish with me, they would be out on the street faster than they can think! My Lease Agreement sef, Na die! Once you sign (and you must sign otherwise, no renting to you), lt is so easy for me to eject you legally (assuming l dont want to "show color" because everything is "tied properly" before hand. But l treat my tenants nicely |
Re: My Tenant Refused To Park Out After His Rent Expired by Yampotatocarrot(m): 12:29pm On Dec 16, 2017 |
Hmmmmmmmmm, after reading all this, I'm shocked I think d best thing to do z to give all tenants quit notice 5months to the end of their rent... That way, when d rent expires, they have stayed 5months already n have just one month remaining incase they don't pay.. Then the 7days notice will work here Don't know anything about the law though. Just saying 1 Like |
Re: My Tenant Refused To Park Out After His Rent Expired by Daboomb: 12:30pm On Dec 16, 2017 |
dondo83: Aabeg, some Agents are even worse than the Tenants, despite being called "reputable"! I took a whole building of 18flats off "Jide Taiwo" because they were renting it out and not remitting money to my account while l was on a training course overseas. They were collecting higher Rent sef and not telling me exact amount they were collecting because l just left everything in their hands. Bottom line: Be ready and PREPARED for trouble, once you decide to be a Landlord that rents out property! 1 Like |
Re: My Tenant Refused To Park Out After His Rent Expired by Daboomb: 12:32pm On Dec 16, 2017 |
Chukazu: No Sir, You are WRONG. You can serve a Quit Notice within when the rent is still operating! What the law states is that the Notice MUST TERMINATE "On Date" or "After Date" when Rent expires. Best thing is to serve the Notice and for it to expire SAME DAY the rent expires. From that moment on, it is just 7days Notice. |
Re: My Tenant Refused To Park Out After His Rent Expired by Daboomb: 12:34pm On Dec 16, 2017 |
Yampotatocarrot: No Sir, you are Wrong ...............about the duration only! It has to be SIX MONTHS, for Yearly tenants. Give them exactly SIX Months, to when their rent expires. 1 Like |
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