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Who Should We Obey In This Case, The Landlord Or The Wife? - Properties (3) - Nairaland

Nairaland Forum / Nairaland / General / Properties / Who Should We Obey In This Case, The Landlord Or The Wife? (22697 Views)

Should I Confront Directly Or Report To The Landlord? / Whose Duty Is It? The Landlord Or The Tenants? / What Is Your Worst Experience With A Landlord Or Landlady? (2) (3) (4)

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Re: Who Should We Obey In This Case, The Landlord Or The Wife? by Princeboca12(m): 6:10pm On Apr 20, 2018
HeavenIsSoReall:
Pls Lawyers in the house I need your advice here.

Our Landlord and the wife have been fighting for whose account the tenancy fees should be paid into. We paid the initial money to the landlord and packed in, our first tenancy renewal was also paid to the landlord but now, the wife came up with an order that no tenant should pay into the landlord's account again, she warned us seriously that every payment should be made into her personal account which she sent to every tenant.

The landlord in the other hand is also threatening us not listen to his wife unless we want to pay double. One of the tenants that paid into the landlord's account has been asked to vacate his apartment by the Landlady.

Both the Landlord and his wife are claiming ownership of the house but some elders around told us that the house belongs to the Landlady. Right now we're confused on what to do. Pls I need matured contribution(s) thank you.

In this case, you divide the rent into equals. lol, am just trying to make common sense.
Re: Who Should We Obey In This Case, The Landlord Or The Wife? by andreme(m): 6:37pm On Apr 20, 2018
You now have opportunity not to pay your house rents. Tell both the landlord and the landlady, that you are confused on whom to pay to. Lucky You
Re: Who Should We Obey In This Case, The Landlord Or The Wife? by eagleeye2: 6:42pm On Apr 20, 2018
HeavenIsSoReall:
Pls Lawyers in the house I need your advice here.

Our Landlord and the wife have been fighting for whose account the tenancy fees should be paid into. We paid the initial money to the landlord and packed in, our first tenancy renewal was also paid to the landlord but now, the wife came up with an order that no tenant should pay into the landlord's account again, she warned us seriously that every payment should be made into her personal account which she sent to every tenant.

The landlord in the other hand is also threatening us not listen to his wife unless we want to pay double. One of the tenants that paid into the landlord's account has been asked to vacate his apartment by the Landlady.

Both the Landlord and his wife are claiming ownership of the house but some elders around told us that the house belongs to the Landlady. Right now we're confused on what to do. Pls I need matured contribution(s) thank you.
Did you sign a tenancy agreement prior to taking up the apartment? If yes. Then, who so ever is represented as the landlord in the tenancy agreement is the person you should pay. Because that is the person with the legal backing to issue you Notice to quit.
Re: Who Should We Obey In This Case, The Landlord Or The Wife? by Jaytecq(m): 6:53pm On Apr 20, 2018
Abeg... dey live free house jare
Re: Who Should We Obey In This Case, The Landlord Or The Wife? by valentineuwakwe(m): 6:53pm On Apr 20, 2018
my dear them tie you rope for their? the best option is to park out and look for another apartment, simple..tell other tenants too..then lets see how they will quarrel n fight again when there is no tenants to pay them rent
Re: Who Should We Obey In This Case, The Landlord Or The Wife? by BabaCommander: 6:53pm On Apr 20, 2018
HeavenIsSoReall:
Pls Lawyers in the house I need your advice here.

Our Landlord and the wife have been fighting for whose account the tenancy fees should be paid into. We paid the initial money to the landlord and packed in, our first tenancy renewal was also paid to the landlord but now, the wife came up with an order that no tenant should pay into the landlord's account again, she warned us seriously that every payment should be made into her personal account which she sent to every tenant.

The landlord in the other hand is also threatening us not listen to his wife unless we want to pay double. One of the tenants that paid into the landlord's account has been asked to vacate his apartment by the Landlady.

Both the Landlord and his wife are claiming ownership of the house but some elders around told us that the house belongs to the Landlady. Right now we're confused on what to do. Pls I need matured contribution(s) thank you.
Don't pay to either of them. The best thing to do is to go to court and bring an Interpleader action against them. That way, the two of them would be compelled to prove ownership and the right to rent.
Re: Who Should We Obey In This Case, The Landlord Or The Wife? by jsaak: 7:03pm On Apr 20, 2018
As a Landlord also, I will advice you to pay into the account of the person who entered contract with you in the tenancy agreement. If you do not have one ask for it as it will be your defence incase of any future issue.
Re: Who Should We Obey In This Case, The Landlord Or The Wife? by jrfaj: 7:57pm On Apr 20, 2018
HeavenIsSoReall:
Pls Lawyers in the house I need your advice here.

Our Landlord and the wife have been fighting for whose account the tenancy fees should be paid into. We paid the initial money to the landlord and packed in, our first tenancy renewal was also paid to the landlord but now, the wife came up with an order that no tenant should pay into the landlord's account again, she warned us seriously that every payment should be made into her personal account which she sent to every tenant.

The landlord in the other hand is also threatening us not listen to his wife unless we want to pay double. One of the tenants that paid into the landlord's account has been asked to vacate his apartment by the Landlady.

Both the Landlord and his wife are claiming ownership of the house but some elders around told us that the house belongs to the Landlady. Right now we're confused on what to do. Pls I need matured contribution(s) thank you.
na which kind senseless post be this why do you post this?...it has no meaning why can't you reason for once before writing this trash? wetin concern me concern rent issues?
Re: Who Should We Obey In This Case, The Landlord Or The Wife? by ladyverere(f): 8:04pm On Apr 20, 2018
HeavenIsSoReall:


What will happen to the accumulated rents considering our judicial system that's always slow in delivering judgement, What if the court decides to seal the house pending the outcome of the case?. I would have packed out but I still have eight months left.




Do not renew your rent otherwise you do so at your own risk. Usually, if the matter of ownership goes to court, rent will be paid into court until such a time the dispute is resolved by the court. Whoever wins takes it all, interest included. So op chill. Don't pay to any of them.
Re: Who Should We Obey In This Case, The Landlord Or The Wife? by Nobody: 8:12pm On Apr 20, 2018
HeavenIsSoReall:
Pls Lawyers in the house I need your advice here.

Our Landlord and the wife have been fighting for whose account the tenancy fees should be paid into. We paid the initial money to the landlord and packed in, our first tenancy renewal was also paid to the landlord but now, the wife came up with an order that no tenant should pay into the landlord's account again, she warned us seriously that every payment should be made into her personal account which she sent to every tenant.

The landlord in the other hand is also threatening us not listen to his wife unless we want to pay double. One of the tenants that paid into the landlord's account has been asked to vacate his apartment by the Landlady.

Both the Landlord and his wife are claiming ownership of the house but some elders around told us that the house belongs to the Landlady. Right now we're confused on what to do. Pls I need matured contribution(s) thank you.

To properly give you a legal advice, I need to have some basic facts of the case such as: [1]. Who did you sign your lease agreement with...the husband or the wife? [2] How long have you been a tenant in that building and to whom have you been paying your rent? If your lease is with the husband, then you're legally obligated to pay him your rent and not the wife.

If you have been making your payment to the husband assuming he's the person you signed the lease with then, you will continue to make your payments to him. However, if the reverse is the case, same applies...payments should be made to the wife. The status quo is maintained until there's an order from the court. Both parties [husband and wife] should take their case to court and let a judge determine who is the rightful owner of the property.

As it stands now, you and all the other tenants are caught between a rock and a hard place...damn if you do [pay the husband or the wife] and damn if you don't [pay the husband or the wife]. In advanced countries, when you have an issue with your landlord for whatever reason [refusing to fix either your heater, A/C or appliance in your apartment], the law requires that you continue to pay your rent but not to the landlord if you choose not to...the money is put in an escrow [an escrow is a financial arrangement where a third party holds and regulates payment of the funds required for two parties involved in a given transaction].

But Nigeria is a different place. So, for your own sanity, you either have to move out if the "kataka" is too much for you to bear or follow the wisdom of Solomon in the Bible and divide the rent in half and pay each half to each of them! This way both parties got something. Let this be your last resort if the enumerated steps above fail. I would also advice you to seek the service of a counsel. Good luck!
Re: Who Should We Obey In This Case, The Landlord Or The Wife? by jasmines(f): 8:15pm On Apr 20, 2018
For the wife to claim ownership this way, I suspect she's the real owner. The husband is claiming ownership of her and the house. Bring a lawyer in first.
Re: Who Should We Obey In This Case, The Landlord Or The Wife? by tochukwu75(m): 8:32pm On Apr 20, 2018
INTERPLEADER
An equitable proceeding brought by a third person to have a court determine the ownership rights of rival claimants to the same money or property that is held by that third person.

Types of interpleader

Stakeholder interpleader

Sheriffs interpleader

We are concerned with stakeholder interpleader

Stakeholder Interpleader (3rd party) is employed when two or more parties seek ownership of money or property that is held by a third party. The property in question is called the stake, and the third party who has custody of it is called the stakeholder. The stakeholder is faced with a legal dilemma: giving the property to either one of the parties will likely lead to a lawsuit by the other party against the stakeholder and the new property owner.
It enables the stakeholder to turn the controversy over to a court and to be dismissed from the legal action. It is designed to eliminate multiple lawsuits over the same stake and to protect the stakeholder from actual or potential multiple liability.
The stakeholder initiates an interpleader by filing an action that states that he or she has no claim to the money or property in controversy, and does not know to which claimant it should be lawfully delivered. The stakeholder must also establish the possibility of multiple lawsuits. The stakeholder then may be required to deposit the stake with the court, and notifies possible claimants that they can present their claims of ownership in court for determination.
The court must decide whether the interpleader is proper. It has discretion to allow the interpleader, and may deny the relief if the stake-holder is guilty of
LACHES (unreasonable delay) or was responsible for the creation of the adverse claim. If the court grants the interpleader, the stakeholder is dismissed from the action. The rival claimants are given the right to litigate their claims, and they will be bound by the decision of the court.

In the instant case, involve a lawyer to bring stakeholder interpleader action in court, for the court to determine among the landlord and the landlady who the rent rightfully belongs to.
Re: Who Should We Obey In This Case, The Landlord Or The Wife? by HeavenIsSoReall: 9:10pm On Apr 20, 2018
MaNyEsq:


To properly give you a legal advice, I need to have some basic facts of the case such as: [1]. Who did you sign your lease agreement with...the husband or the wife? [2] How long have you been a tenant in that building and to whom have you been paying your rent? If your lease is with the husband, then you're legally obligated to pay him your rent and not the wife.

If you have been making your payment to the husband assuming he's the person you signed the lease with then, you will continue to make your payments to him. However, if the reverse is the case, same applies...payments should be made to the wife. The status quo is maintained until there's an order from the court. Both parties [husband and wife] should take their case to court and let a judge determine who is the rightful owner of the property.

As it stands now, you and all the other tenants are caught between a rock and a hard place...damn if you do [pay the husband or the wife] and damn if you don't [pay the husband or the wife]. In advanced countries, when you have an issue with your landlord for whatever reason [refusing to fix either your heater, A/C or appliance in your apartment], the law requires that you continue to pay your rent but not to the landlord if you choose not to...the money is put in an escrow [an escrow is a financial arrangement where a third party holds and regulates payment of the funds required for two parties involved in a given transaction].

But Nigeria is a different place. So, for your own sanity, you either have to move out if the "kataka" is too much for you to bear or follow the wisdom of Solomon in the Bible and divide the rent in half and pay each half to each of them! This way both parties got something. Let this be your last resort if the enumerated steps above fail. I would also advice you to seek the service of a counsel. Good luck!

I just did my 2nd renewal b4 this wahala came up and all the transactions has been with the landlord.
Re: Who Should We Obey In This Case, The Landlord Or The Wife? by HeavenIsSoReall: 9:12pm On Apr 20, 2018
BabaCommander:

Don't pay to either of them. The best thing to do is to go to court and bring an Interpleader action against them. That way, the two of them would be compelled to prove ownership and the right to rent.

Interesting.
Re: Who Should We Obey In This Case, The Landlord Or The Wife? by HeavenIsSoReall: 9:14pm On Apr 20, 2018
philfearon:

This is my legal advice to you as a lawyer.
In Law, in other to resolve situations like the one you just mentioned, you have to initiate a Stakeholder Interpleader application.
This will be used to Summon both the Landlord and wife in court to come and state why Rent should be paid to either of them.
It doesn't waste time to be ratified. Meet a lawyer in your area for more and how to go about this. It's a very simple thing!!!

Thanks.
Re: Who Should We Obey In This Case, The Landlord Or The Wife? by HeavenIsSoReall: 9:16pm On Apr 20, 2018
Yemea1:
What part of lagos is your house because lagos state has a centre designed to settle your issue it's called citizen mediation center



Isolo
Re: Who Should We Obey In This Case, The Landlord Or The Wife? by Nobody: 9:27pm On Apr 20, 2018
HeavenIsSoReall:


I just did my 2nd renewal b4 this wahala came up and all the transactions has been with the landlord.

If all your dealings including the initial and subsequent lease agreements have been with the landlord, you're on a sound legal ground. But I would be remiss not to remind you that the court system [justice] in Nigeria largely depends on how financially buoyant a person is. Let me ask you this: Was your landlady's name anywhere on the lease agreement as co-owner? If your answer is no, then you could ask her if she's the rightful owner as she seems to be alleging, why was she not part of or involved when you signed your lease agreement? Assuming she would be level headed enough to give you a rational response and not just go off the handle. Good luck!
Re: Who Should We Obey In This Case, The Landlord Or The Wife? by gulfer: 9:33pm On Apr 20, 2018
Please pay to the DPO of your neatest police station and tell the two of them to go and collect with proof of property ownership cool cool
Re: Who Should We Obey In This Case, The Landlord Or The Wife? by bekpo(m): 9:44pm On Apr 20, 2018
HeavenIsSoReall:


What will happen to the accumulated rents considering our judicial system that's always slow in delivering judgement, What if the court decides to seal the house pending the outcome of the case?. I would have packed out but I still have eight months left.

Once the ownership of the property is in issue, the tenants r obligated not to pay to either of the claimants pending when the issue of ownership is resolve either in d court of law or where ever d parties submit themselves to. However, if it's in the court of law, the position is that u do not pay to either of the parties but directly to the court upon a motion to that effect. Once the issue of ownership is resolve by the court, either of d parties that won will approach the court (ACR) the accumulated rent paid to d court will be returne to him.



Re: Who Should We Obey In This Case, The Landlord Or The Wife? by ibinaboonline: 9:44pm On Apr 20, 2018
The person you paid to move in, which in this case is your landlord, is the one you must keep transacting with unless otherwise agreed. However in this case, it's advisable you hold out on paying rent until the issue is properly resolved. But should you be under pressure to pay immediately, then pay to the one who you were originally dealing with - the landlord. The landlady have not the power to evict you even if she built the house.
Re: Who Should We Obey In This Case, The Landlord Or The Wife? by babapressy(m): 10:12pm On Apr 20, 2018
Lol
Re: Who Should We Obey In This Case, The Landlord Or The Wife? by steveDpro: 10:52pm On Apr 20, 2018
Funny
Re: Who Should We Obey In This Case, The Landlord Or The Wife? by Tommymoi(m): 12:46am On Apr 21, 2018
ehismofy:
You must have signed an agreement before you took possession of the property. The question is, between the landlord and the husband, who signed the tenancy agreement? The best way out is to go to court High Court or Magistrate depending on what the value of your rent is. Its called Interpleaders Summon. Pay the money into the court account and let the both of them go to court and sort themselves out.
Re: Who Should We Obey In This Case, The Landlord Or The Wife? by Nobody: 4:31am On Apr 21, 2018
Kaycee9242:
I think d woman is d actual owner of d house but allowed her hussy to be collecting d rent wen two of dem are 1 by marriage but as things av gone sour now d best tin is to involve d court b4 u pay a dime

You're WISE. The woman is the actual owner of that house.
No Nigerian woman will wake up and start fighting for rent with her husband if he owns the property.

She left it to him outta love. Now she done open eye or baba done get side chick. OP should just move out.
Re: Who Should We Obey In This Case, The Landlord Or The Wife? by rafcrown(m): 9:27am On Apr 21, 2018
STICK to the LANDLORD.

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