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Legal Advice Needed, My Landlord Just Brought Quit Notice For All Tenants. - Properties - Nairaland

Nairaland Forum / Nairaland / General / Properties / Legal Advice Needed, My Landlord Just Brought Quit Notice For All Tenants. (35241 Views)

Tenant Who Was Served Quit Notice Builds Beautiful House Opposite Landlord / My Landlord Gave Me 6months Quit Notice When My Rent Will Due In 6months Time / My Landlord And I (2) (3) (4)

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Legal Advice Needed, My Landlord Just Brought Quit Notice For All Tenants. by olaben16: 8:51am On Dec 16, 2018
Good morning Nairalanders.
Please help a fellow with an advice this morning.

So, two weeks ago my landlord came to the compound, and said the caretaker who was handling the building for him was no longer in charge that they have parted ways.

Then we all complained of the state of affairs between tenants and how only some of us have been shouldering the responsibilities of repairs, and others are never contributing.

For the records, there are only four flats, two up and two down.

In his response, he said he was disappointed that we were not cooperating as neighbors.

Without proffering any solution, he left only for him to come this morning with quit notice for all for tenants.

That we should pack out two months after expiration of our various rent.

Now it should be noted that I have never owned him rent, and we pay yearly.

My current rent will expire April 30th 2019.

Now my question is this.

Is that how quit notices are served?

Is it right to give a tenant that pays yearly rent just two months to pack out?

I have never been involved with this landlord/tenant wahala, so don't know the best action to take.

Please legal people in the house, I need your advice.

Your advice will be very helpful in my next line of action.

God bless you all.


Help a brother by pushing it for me.

19 Likes 3 Shares

Re: Legal Advice Needed, My Landlord Just Brought Quit Notice For All Tenants. by olaben16: 9:00am On Dec 16, 2018
He came with the excuse that he wants to carry out repairs on the property.

Forgetting that this is Lagos were getting a house is like a 4 unit course.

New rent, agent fees, agreement fees.
Am even hearing of a new one called caution fees.

Please, what should I do next, waiting for your contributions

29 Likes 3 Shares

Re: Legal Advice Needed, My Landlord Just Brought Quit Notice For All Tenants. by olaben16: 9:01am On Dec 16, 2018
obonujoker:
Barca clowns: Ronaldo can't dribble

Puyol, pique, Alves: Hold our beer


Is that what I should do



You just made me laugh though!!!

28 Likes

Re: Legal Advice Needed, My Landlord Just Brought Quit Notice For All Tenants. by Magalan: 9:09am On Dec 16, 2018
Since you are a good tenant, move on with your life.. serve him a letter in June 2019, move out in Dec 2019 or you can request for another 2mths legally, thats Feb 2020. dont argue or threaten, when he breaks into your apartment is when the real war starts. You charge him for robbery.

Some Landlords behave as if it's not this same country we are all in.

195 Likes 9 Shares

Re: Legal Advice Needed, My Landlord Just Brought Quit Notice For All Tenants. by Nobody: 9:19am On Dec 16, 2018
olaben16:
Good morning Nairalanders.
Please help a fellow with an advice this morning.

So, two weeks ago my landlord came to the compound, and said the caretaker who was handling the building for him was no longer in charge that they have parted ways.

Then we all complained of the state of affairs between tenants and how only some of us have been shouldering the responsibilities of repairs, and others are never contributing.

For the records, there are only four flats, two up and two down.

In his response, he said he was disappointed that we were not cooperating as neighbors.

Without proffering any solution, he left only for him to come this morning with quit notice for all for tenants.

That we should pack out two months after expiration of our various rent.

Now it should be noted that I have never owned him rent, and we pay yearly.

My current rent will expire April 30th 2019.

Now my question is this.

Is that how quit notices are served?

Is it right to give a tenant that pays yearly rent just two months to pack out?

I have never been involved with this landlord/tenant wahala, so don't know the best action to take.

Please legal people in the house, I need your advice.

Your advice will be very helpful in my next line of action.

God bless you all.


Cc lalasticlala.

Help a brother by pushing it for me.


Tell him to take the case to court....he would be the one pleading with you guys...he must give you atleast 6 months....Fashola signed a bill into law which covers something like this.

115 Likes 8 Shares

Re: Legal Advice Needed, My Landlord Just Brought Quit Notice For All Tenants. by olaben16: 9:22am On Dec 16, 2018
Magalan:
Since you are a good tenant, move on with your life.. serve him a letter in June 2019, move out in Dec 2019 or you can request for another 2mths legally, thats Feb 2020. dont argue or threaten, when he breaks into your apartment is when the real war starts. You charge him for robbery.

Some Landlords behave as if it's not this same country we are all in.

Thank you very much, I won't make trouble at all with him.

But are you saying I should wait till June before I serve him?

Thanks again sir.

12 Likes 3 Shares

Re: Legal Advice Needed, My Landlord Just Brought Quit Notice For All Tenants. by MANNABBQGRILLS: 9:23am On Dec 16, 2018
Barristers in the house.... please we need you here!

2 Likes

Re: Legal Advice Needed, My Landlord Just Brought Quit Notice For All Tenants. by Lilshorecords(m): 9:23am On Dec 16, 2018
Guy pack comot. Shey na u build house for am?

219 Likes 14 Shares

Re: Legal Advice Needed, My Landlord Just Brought Quit Notice For All Tenants. by tayo4ng: 9:23am On Dec 16, 2018
just move your things out of his house simple

118 Likes 9 Shares

Re: Legal Advice Needed, My Landlord Just Brought Quit Notice For All Tenants. by Lordsocrates: 9:23am On Dec 16, 2018
Aww mosh u wan pay for the legal advice ? #weytinLawyersDeyDoSef.


I no get time to advice you shaa, so make i do copy and paste from my reading bits.



A tenancy may be terminated by either the landlord or the tenant.
Where a tenancy that was entered into for a specific period (i.e. six months) comes to the end of the six month period, a notice of termination does not have to be issued.
If that period was 6 months or more and the tenant intends to continue in occupation, he/she must inform the landlord of that intention between one and three months before the six month period ends.
It is important to note that it is an offence to purport to serve an invalid notice of termination and then act in reliance on it in a way that adversely affects the interests of the person on whom it was served.
It is vitally important for the party who intends to terminate the lease to serve a valid notice on the other party.

2. The landlord must serve a valid notice of termination on the tenant
A valid notice of termination must be:
(a) in writing
(b) signed by the landlord or by his/her authorised agent
(c) specify the date of service
(d) where the tenancy has been more than 6 months state the reason for termination.
(e) specify the termination date, the tenant has 24 hours from this date to leave.
(f) state that any issue as to the validity of the notice or the right of the landlord to serve it must be referred to the Private Residential Tenancies Board within 28 days from the receipt of the notice.
(g) The notice may be served on the tenant in person, may be left at the rented property, or may be posted to the property. If it appears that the tenant is not in occupation, the notice may be served on the outside of the property.

3. Notice periods
Subject to the terms of the lease (tenancy) the notice period to terminate a tenant’s tenancy is determined by the duration of the tenancy as follows:
(a) Less than 6 months 28 days notice
(b) 6 or more months but less than 1 year 35 days notice
(c) 1 year or more but less than 2 years 42 days notice
(d) 2 years or more but less than 3 years 56 days notice
(e) 3 years or more but less than 4 years 84 days notice
(f) 4 or more years 112 days notice
4. Valid reasons for terminating a tenancy that has lasted more than 6 months and less than 4 years
Where a tenancy has lasted more than 6 months and less than 4 years, the landlord must state in the termination notice the reason the tenancy is being terminated and the termination will not be valid unless that reason relates to one of the following:
(a) the tenant has failed to comply with the obligations of the tenancy.
(Unless the termination is for serious anti-social behaviour the tenant must have been given an opportunity to rectify the matter and have failed to have done so for the termination to be valid.)
(b) the landlord intends to sell the property within the next 3 months.
(c ) the property is no longer suited to the needs of the occupying household.
(d) the landlord requires the dwelling for own or family member occupation.
(e) vacant possession is required for substantial refurbishment of the property.
(f) the landlord intends to change the use of the property.
In the cases of (d), (e) and (f) of the listed termination grounds, the termination notice must contain certain additional details as specified in the Act relating to the former tenant being given first refusal to resume the tenancy should the property become available for re-letting.

5. The tenant must serve a valid notice of termination on the landlord
A valid notice of termination must be:
(a) in writing
(b) signed by the tenant
(c) specify the date of service
(d) specify the termination date (the tenant has 24 hours from this date to leave
(e) state that any issue as to the validity of the notice or the right of the tenant to serve it must be referred to the Private Residential Tenancies Board within 28 days from the receipt of the notice.
(f) The notice may be served on the landlord or his/her agent in person, or may be left at or posted to the landlord/agent contact address.

6. Notice periods
Subject to the terms of the lease (tenancy) the notice period to terminate a landlord’s tenancy is determined by the duration of the tenancy as follows:
(a) Less than 6 months: 28 days notice.
(b) 6 or more months but less than 1 year: 35 days notice.
(c) 1 year or more but less than 2 years: 42 days notice.
(d) 2 years or more but less than 3 years: 56 days notice.
(e) 3 years or more but less than 4 years: 84 days notice.
(f) 4 or more years: 112 days notice.
(g)The tenant need not supply a reason for terminating the tenancy except where terminating for a breach of the landlord’s obligations or where the required notice period is only 7 days.
(h) Notice of termination of tenancy with multiple tenants
Where the tenancy is let to a number of tenants jointly, the notice of termination will be valid if it is signed by any one of the multiple tenants on behalf of all the tenants. The other tenants must be named in the notice. A purported notice is not valid if the other named tenants have not agreed to its service.
(i) Deemed termination of tenancy by tenant
A tenancy is deemed to have been terminated by the tenant where the tenant has vacated the dwelling without giving the required amount of notice and is in arrears of rent or vacates without any notice and is at least 28 days in arrears of rent.

7. Lesser Notice Periods by Landlords and Tenants
(a) Only 7 days notice need be given by a landlord to a tenant where the termination notice results from serious anti-social behaviour by the tenant or behaviour that is threatening to the fabric of the property or the property containing it.
(b) Only 7 days notice need be given by the tenant to the landlord where the reason for the termination is that the behaviour of the landlord poses an imminent danger of serious injury or death or danger to the fabric of the property or the property containing the property.
(c) Otherwise the normal notice period for terminating a tenancy by reason of non-compliance with tenancy obligations is 28 days for both landlords and tenants where the failure has been notified in writing and not remedied within a specified period.
(d) Where the breach of the tenant’s obligations is a failure to pay the amount of rent due, a termination notice may only be served following the written notification by the landlord to the tenant of the amount owing and the rent still being owed 14 days after that notification is received.
(e) Landlords and tenants are free to agree a lesser notice period than those specified in the Act. However, such an agreement may only be entered into at or after the time that one of the parties indicates to the other the intention to terminate the tenancy. It is not, for example, legal to agree to a shorter notice period at the time the tenancy is being first entered into.

8. Greater Notice Periods by Landlords and Tenants
Tenants and landlords are free to agree longer notice periods than those specified in the Act. However the maximum notice period that can be given by either party to terminate a tenancy where the notice is being issued during its first 6 months is 70 days.

9. Sub-tenants
(a) When a landlord is terminating a tenancy that is sub-let, the landlord must notify the head-tenant of any requirement to terminate the subtenancy. If so, the landlord must also serve the sub-tenant with a copy of the notice of termination.
(b) Where the landlord wishes the head-tenant to terminate the sub tenancy, the head-tenant must serve a notice of termination on the subtenant within 28 days of the head-tenant’s receipt of the notice of termination from the landlord.
(c) If the head-tenant intends to refer a dispute to the Board about the validity of the termination, the notice served on the sub-tenant must require the sub-tenant to inform the head-tenant within 10 days whether or not the sub-tenant also wishes to dispute the validity of the termination and the head-tenant may not refer the dispute until 15 days after the service of that notice on the sub-tenant.

10. Where the landlord does not require the head-tenant to terminate the sub-tenancy
(a) the head-tenant must notify the sub-tenant within 28 days of the contents of the termination notice received.
(b) the head-tenant must also notify the sub-tenant if he/she intends to refer a dispute about the validity of the notice to the Board and of the outcome of the dispute within 14 days of receipt of the Board’s determination order.
(c) If the termination of the head-tenancy is found to be valid, the sub-tenant would then become the tenant of the landlord.

88 Likes 17 Shares

Re: Legal Advice Needed, My Landlord Just Brought Quit Notice For All Tenants. by MrPresident1: 9:24am On Dec 16, 2018
Why do you pay yearly rent in Nigeria? That's criminal and fraudulent. In Nairobi, we pay monthly!

51 Likes 4 Shares

Re: Legal Advice Needed, My Landlord Just Brought Quit Notice For All Tenants. by Naijaphobia(m): 9:24am On Dec 16, 2018
Since you are a good tenant this can be resolved amicably with your land where you have evidence. Most landlords are will to cohabit with peace loving tenants

8 Likes

Re: Legal Advice Needed, My Landlord Just Brought Quit Notice For All Tenants. by Magalan: 9:24am On Dec 16, 2018
olaben16:


Thank you very much, I won't make trouble at all with him.

But are you saying I should wait till June before I serve him?

Thanks again sir.

Yes... that's when your rent and his 2mths grace expires.

3 Likes

Re: Legal Advice Needed, My Landlord Just Brought Quit Notice For All Tenants. by kindnyce(m): 9:24am On Dec 16, 2018
Be challenged...
Take the challenge, you'll never REGRET cool
Re: Legal Advice Needed, My Landlord Just Brought Quit Notice For All Tenants. by Jonadull: 9:24am On Dec 16, 2018
Then move out . Abi you wan follow landlord drag his own house ?

35 Likes 2 Shares

Re: Legal Advice Needed, My Landlord Just Brought Quit Notice For All Tenants. by Strangebuttrue(m): 9:25am On Dec 16, 2018
.

1 Like 1 Share

Re: Legal Advice Needed, My Landlord Just Brought Quit Notice For All Tenants. by tempex88(m): 9:25am On Dec 16, 2018
He sold the house or want to double rent
Re: Legal Advice Needed, My Landlord Just Brought Quit Notice For All Tenants. by olaben16: 9:25am On Dec 16, 2018
omoowo8888:


Tell him to take the case to court....he would be the one pleading with you guys...he must give you atleast 6 months....Fashola signed a bill into law which covers something like this.


Alright, thank you. Should I tell him now to take it to court or wait till the expiration of my rent before doing so?

Thank you
Re: Legal Advice Needed, My Landlord Just Brought Quit Notice For All Tenants. by bettercreature(m): 9:25am On Dec 16, 2018
He did the right thing since you still have 4 months left plus 2 extra months Beside do you think you can afford to pay legal fees to sue your landlord? Money you supposed to use to rent another house
Just pack your things and leave it’s not your house

167 Likes 9 Shares

Re: Legal Advice Needed, My Landlord Just Brought Quit Notice For All Tenants. by Icantalk: 9:26am On Dec 16, 2018
That we should pack out two months after expiration of our various rent.

When does your rent expire?
Re: Legal Advice Needed, My Landlord Just Brought Quit Notice For All Tenants. by Ugwoji101(m): 9:26am On Dec 16, 2018
[quote author=olaben16 post=73887826]Good morning Nairalanders.
Please help a fellow with an advice this morning.

So, two weeks ago my landlord came to the compound, and said the caretaker who was handling the building for him was no longer in charge that they have parted ways.

Then we all complained of the state of affairs between tenants and how only some of us have been shouldering the responsibilities of repairs, and others are never contributing.

For the records, there are only four flats, two up and two down.

In his response, he said he was disappointed that we were not cooperating as neighbors.

Without proffering any solution, he left only for him to come this morning with quit notice for all for tenants.

That we should pack out two months after expiration of our various rent.

Now it should be noted that I have never owned him rent, and we pay yearly.

My current rent will expire April 30th 2019.

Now my question is this.

Is that how quit notices are served?

Is it right to give a tenant that pays yearly rent just two months to pack out?

I have never been involved with this landlord/tenant wahala, so don't know the best action to take.

Please legal people in the house, I need your advice.

Your advice will be very helpful in my next line of action.

God bless you all.


Help a brother by pushing it for me.

Consult a lawyer and pay for consultation fee,legal advice is not for free. If you need legal advice, i will provide you with it.

2 Likes 1 Share

Re: Legal Advice Needed, My Landlord Just Brought Quit Notice For All Tenants. by visijo(m): 9:26am On Dec 16, 2018
Before getting serious with a girl take her to the club and see how many guys know her... If the bouncer hugs her..
Abort mission....
I repeat... Abort mission

73 Likes 5 Shares

Re: Legal Advice Needed, My Landlord Just Brought Quit Notice For All Tenants. by noeloge82(m): 9:26am On Dec 16, 2018
olaben16:
Good morning Nairalanders.
Please help a fellow with an advice this morning.

So, two weeks ago my landlord came to the compound, and said the caretaker who was handling the building for him was no longer in charge that they have parted ways.

Then we all complained of the state of affairs between tenants and how only some of us have been shouldering the responsibilities of repairs, and others are never contributing.
This is more than two months

For the records, there are only four flats, two up and two down.

In his response, he said he was disappointed that we were not cooperating as neighbors.

Without proffering any solution, he left only for him to come this morning with quit notice for all for tenants.

That we should pack out two months after expiration of our various rent.

Now it should be noted that I have never owned him rent, and we pay yearly.

My current rent will expire April 30th 2019.

Now my question is this.

Is that how quit notices are served?

Is it right to give a tenant that pays yearly rent just two months to pack out?

I have never been involved with this landlord/tenant wahala, so don't know the best action to take.

Please legal people in the house, I need your advice.

Your advice will be very helpful in my next line of action.

God bless you all.


Help a brother by pushing it for me.


From your write up he gave u two months from the expiration of your current rent, and the rent expires in April that's four months + from now and another extra 6months my Advice is if u like the house so much pay ur landlord a visit and sort out things one on one am quite sure you guys were throwing jabs and claiming right for him when he came visiting before hence this decision but if your among those claiming right when he came before no need visiting him just start now to look for another house 6 months is enough notice but if you have money to spend lawyers need it

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Re: Legal Advice Needed, My Landlord Just Brought Quit Notice For All Tenants. by surrogatesng: 9:27am On Dec 16, 2018
If you can afford a new accomodation,just move out and let go.

13 Likes

Re: Legal Advice Needed, My Landlord Just Brought Quit Notice For All Tenants. by canalily(m): 9:27am On Dec 16, 2018
call fashola or osinbanjo

1 Like

Re: Legal Advice Needed, My Landlord Just Brought Quit Notice For All Tenants. by rOsy247(f): 9:27am On Dec 16, 2018
I doubt if it's legally right for such short notice

1 Like 3 Shares

Re: Legal Advice Needed, My Landlord Just Brought Quit Notice For All Tenants. by Jahwinaboy(m): 9:27am On Dec 16, 2018
Simple. Arrange urself within 3 months. Find ur level if money dey. If no money, play the delay game

9 Likes 2 Shares

Re: Legal Advice Needed, My Landlord Just Brought Quit Notice For All Tenants. by Fyzt: 9:27am On Dec 16, 2018
The notice is six months , Dec to April is six months notice which is valid.

34 Likes

Re: Legal Advice Needed, My Landlord Just Brought Quit Notice For All Tenants. by berrystunn(m): 9:28am On Dec 16, 2018
State?

I will advise you to start looking for a new place now since you have 4 month.

Some landlord will use juju , because Making a case will take years..

If you know, you know

11 Likes 1 Share

Re: Legal Advice Needed, My Landlord Just Brought Quit Notice For All Tenants. by flexshop(m): 9:28am On Dec 16, 2018
From now till April is 4 months, add 2 months to that and you get 6 months. The most you can get extra is 7 days. Going to court is just a waste of time and resources

33 Likes

Re: Legal Advice Needed, My Landlord Just Brought Quit Notice For All Tenants. by ifyalways(f): 9:28am On Dec 16, 2018
Your landlord got yall, nothing to do but to start searching fir an alternative accomodation or go meet yoyr landlord privately and convince him to allow you stay.

If you listen to folks who have never bought a pound of nails, not to talk of laying a foundation advisory, you will regret last last. Theres no law in Lagos state that gives the tenant free rent. The law only states that yearly paying tenants must get atleast 6 months advance quit notice which is what your landlord have done. Even if you drag him to court to pussyfeet, you are gonna pay your rent while at it.

41 Likes 5 Shares

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