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Legal Advice Needed, My Landlord Just Brought Quit Notice For All Tenants. - Properties (11) - Nairaland

Nairaland Forum / Nairaland / General / Properties / Legal Advice Needed, My Landlord Just Brought Quit Notice For All Tenants. (38596 Views)

My Landlady Just Brought A Quit Notice To Me Out Of The Blue! / Ghana Landlady Gives Female Nigerian Student Quit Notice Over Noise During Sex / Will A Tenant Pay During His 3 Or 6 Months Quit Notice? (2) (3) (4)

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Re: Legal Advice Needed, My Landlord Just Brought Quit Notice For All Tenants. by Lordsocrates: 3:12pm On Dec 16, 2018
TWservices:



I will like to know the sections backing all you have typed and what jurisdiction

Na court we dey ?
Abeg swerve, its an idea of the tenancy agreement for a layman,and not pleading.
Re: Legal Advice Needed, My Landlord Just Brought Quit Notice For All Tenants. by wirinet(m): 3:19pm On Dec 16, 2018
crafteck:


He has 6 months notice, includes 2 months free, what else does he need a lawyer for? He didn't need when some tenants couldn't help maintain the house, if you've spent like 30m building a house and a tenant can't change he's bathroom tap of 1500 that is leaking water hence weakening the decking, you would understand

You are not in his pocket, 6 months might not be enough for him to raise the money to pay agency and agreement and the rent (which is always higher for new tenants ). I am not holding brief for him, but it might just not be convenient for him to move himself and his whole family in 6 months.
When I was a bachelor, my landlady then wanted to increase rent outrageously, I refused. She issued me 28 days quit notice, I threatened her with a lawyer. She then came to the house pleading and crying, that she depends on the rent for paying her children's school fees. I voluntarily moved out before the expiration of my rent. If I was a family man, it would not have been that easy.

1 Like

Re: Legal Advice Needed, My Landlord Just Brought Quit Notice For All Tenants. by wirinet(m): 3:21pm On Dec 16, 2018
crafteck:


2 years starts from 2 days then weeks systematically a massed through excuses
It's because you do not need the money. If you did, you would have given quit notice after 3 months of excuses.
Even now, if you have not started eviction process, they would give excuses for another 2 years.
Re: Legal Advice Needed, My Landlord Just Brought Quit Notice For All Tenants. by crafteck(m): 3:22pm On Dec 16, 2018
NoToPile:
The landlord is smart, you have your 6months notice so I dont get what the whole hullabo is about.

Its like people think the 6months notice means after your rent expires or they think the 6months notice is rent free?

You want to sue him after he gave you a 6month notice? You cant use the 6months to plan your exit.

If it were some landlords they will wait till your rent expire and if you dont renew immediately they will give you 7days notice saying you are a tenant at will.

Some tenants are always looking for how to cause trouble

Thats what I said earlier, make them buy 2 dozen blocks and know how it feels

2 Likes

Re: Legal Advice Needed, My Landlord Just Brought Quit Notice For All Tenants. by mfm04622: 3:25pm 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.

Please, disregard the advice that person is giving you. Except you are ready for trouble! Let's review the facts together.
1. Your rent will expire in April. He has given you 2 additional months. That makes up the 6 months notice you are entitled to!
2. As you are a yearly tenant, you are entitled to 6 month's notice, which he has given you.
3. You are NOT entitled to live in another person's property without paying even if you are given notice to leave or you gave notice you are leaving.
The landlord has given you 2 months grace (without paying rent as I understand, correct me if I am wrong).
Just accept this offer and start looking for another house. If the landlord know his rights and have your time, you will regret trying that trick he advised you to carry out!
I have said my own!

3 Likes

Re: Legal Advice Needed, My Landlord Just Brought Quit Notice For All Tenants. by Bbdealer(m): 3:25pm On Dec 16, 2018
So you think after he stay for the 1year and the judge ends the case he will not pay for that year he is stayed. Excluding the lawyers fees and appearance fee. Lolz my brother use Ctrl + brain when advising someone
InvertedHammer:
/
Get a "charge and bail" lawyer and sue the landlord.

Adjournments and strike should buy you another one year. The judge may even collapse on the trial day and the postponement becomes indefinite.


/

1 Like

Re: Legal Advice Needed, My Landlord Just Brought Quit Notice For All Tenants. by NoToPile: 3:28pm On Dec 16, 2018
Badb0y4lyf:


She’s this MFM churchy kinda woman , my problem is a do’s and don’t are too much. We started having prolem when I first moved in and started closing the main at 10.30pm she said she wrote it in her agreement so I had to adjust to that timing cos I’m a chilling guy later I can’t wash my car in the compost my friend can’t come to visit she be thinking Dey wanna come rob and spying on her I cant even talk or play music she complains and it was too much so we didn’t really get along I can’t beg her cos right now we don’t talk I don’t greet her I just need a way to circumvent this and me not being on the losing end.


Lool

You dont greet her
You dont talk
You cant beg her

And you want to find a way for you not to lose? Like you want to live there free for sometime right?

Issorait oo grin grin

2 Likes

Re: Legal Advice Needed, My Landlord Just Brought Quit Notice For All Tenants. by mfm04622: 3:30pm On Dec 16, 2018
wirinet:


You are not in his pocket, 6 months might not be enough for him to raise the money to pay agency and agreement and the rent (which is always higher for new tenants ). I am not holding brief for him, but it might just not be convenient for him to move himself and his whole family in 6 months.
When I was a bachelor, my landlady then wanted to increase rent outrageously, I refused. She issued me 28 days quit notice, I threatened her with a lawyer. She then came to the house pleading and crying, that she depends on the rent for paying her children's school fees. I voluntarily moved out before the expiration of my rent. If I was a family man, it would not have been that easy.


The landlord is NOT concerned about his pocket! This is about law. Landlord has given him 6 months notice, given him 2 months free without paying rent. What exactly do you want the landlord to do again?

1 Like

Re: Legal Advice Needed, My Landlord Just Brought Quit Notice For All Tenants. by wirinet(m): 3:30pm On Dec 16, 2018
gypsey:
It Amazes me, I guess i feel sorry for his children, don"t want them to be homeless.


But i am in the process of Evicting them. served the second notice, just waiting for it to run out.
Which one be second notice again? If you like give then 10th eviction notice, they would not bulge, because as you said they have no money to pay rent or move out.
You do not need a second eviction notice for a tenant who has defaulted for 2 years. Just sue them to the nearest court (rent tribunal), and let the court determine the earliest time they can be forcefully evicted.
Re: Legal Advice Needed, My Landlord Just Brought Quit Notice For All Tenants. by wirinet(m): 3:33pm On Dec 16, 2018
mfm04622:


The landlord is NOT concerned about his pocket! This is about law. Landlord has given him 6 months notice, given him 2 months free without paying rent. What exactly do you want the landlord to do again?
The landlord is not following the law. The law says 6 months from the expiration of the tenancy, the landlord only gave 2 months. Even after the expiration of the 6 months, the law allows for extra 2 or 3 months.
Re: Legal Advice Needed, My Landlord Just Brought Quit Notice For All Tenants. by NoToPile: 3:36pm On Dec 16, 2018
wirinet:

The landlord is not following the law. The law says 6 months from the expiration of the tenancy, the landlord only gave 2 months. Even after the expiration of the 6 months, the law allows for extra 2 or 3 months.

Kindly post a link to your claim.

1 Like

Re: Legal Advice Needed, My Landlord Just Brought Quit Notice For All Tenants. by badesco(m): 3:37pm On Dec 16, 2018
As a landlord he has every right under to serve you quit notice but must give an advance notice depending on tenancy agreement you both agree d upon before you moved in. A yearly tenant, gets 6months notice etc.
Re: Legal Advice Needed, My Landlord Just Brought Quit Notice For All Tenants. by Mizwisdom(f): 3:44pm On Dec 16, 2018
Badb0y4lyf:


I didn’t beg to get a house I payed rented if I’m at fault I accept if I agree to move out before the said 6month under a week will my remaining 6 month rent be paid back to me cos I don tire for the house self


Yes, she'll pay you back
Re: Legal Advice Needed, My Landlord Just Brought Quit Notice For All Tenants. by INDUSTRIALFAN(m): 3:52pm On Dec 16, 2018
rOsy247:


Even when it's believed we barely read articles or write-up to the end in Nigeria it doesn't mean we shouldnt make an effort. Go to the 7th paragraph of op's post you'll see it clearly written that he gave just two months to each tenant after expiration of their individual rent. Go back to it. Besides, there's nowhere in my previous post, I categorically stated that anyone's rent expires next month. It's under probability cos I don't have the fact just like you. Learn to read and understand. Secondly, others MIGHT just have this month left which is shorter than op's rent duration as well and I'm still standing on my first post. Don't involve me in unnecessary argument mbok
so then it is Also under probability that they have been alerted 6 or more months before they are to have evacuated too. The law says you should give tenants who pay rent yearly atleast 6 months notice. The law did not say their previous rent must uave expired before you give them a six months notice. There's a difference. Alert them six months before so that they don't get stranded not that you'll come one day and asked them to park tomorrow as if houses can be pulled out if their Butts. This is enough time given. Op and possibly the rest have enough time to either start looking for a place or settle with the landlord.

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Re: Legal Advice Needed, My Landlord Just Brought Quit Notice For All Tenants. by toscolee(m): 3:57pm 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.


Help a brother by pushing it for me.

My landlady did something similar when I still had months left.
I called her lawyer and shouted at him ehn, I asked him if he doesn't advice his client.
Las las, she come beg.
React boldly, sue if necessary, don't be timid at all, because he will manipulate you.

Re: Legal Advice Needed, My Landlord Just Brought Quit Notice For All Tenants. by mfm04622: 4:19pm On Dec 16, 2018
wirinet:

The landlord is not following the law. The law says 6 months from the expiration of the tenancy, the landlord only gave 2 months. Even after the expiration of the 6 months, the law allows for extra 2 or 3 months.

Kai!!!!

First, please know that you are supposed to pay rent even during notice period.
What the law says is that yearly tenants are entitled to six months notice BEFORE their rent expires. This means if your rent is from January to December, the notice should be from first July. This does not mean landlord will refund your rent or you wont pay rent.
Now, in this case, the landlord gave a notice from December to June, which is 6 months. He was magnanimous to forgo 2 months he was due after the expiration of the yearly rent.

I hope you understand now
Re: Legal Advice Needed, My Landlord Just Brought Quit Notice For All Tenants. by 9JAFULLBREED(m): 4:21pm On Dec 16, 2018
He gave you 2months extra for you to put your sh1t together and you’re here asking questions.

Don’t be lazy Biko! in a better country nobody go even give u 1month extra undecided

If u know u go be landlord one day just move out.

You’re sounding like you want to spend like a decade for that house grin

How much is your salary? U still have about 6months left so I no see any issue with the landlord’s decision at all


House is not that hard to find in Naija wink unlike other countries wey dem no go give u house cuz you’re a Nigerian/African

1 Like

Re: Legal Advice Needed, My Landlord Just Brought Quit Notice For All Tenants. by Badb0y4lyf(m): 4:37pm On Dec 16, 2018
Evangkatsoulis:


Is the quit notice states that you leave after your rent expires, then you doesn't have to refund you nada.

The intent of quick notice is to notify the tenant that the landlord wants to evict you for what ever reason now I’m still within my 6month paid rent and the landlord try to play smart by serving me quick notice So as to have 6month ahead which will still run within my rent now I decided to move out within a week I should be entitled to my 6 month rent.
Re: Legal Advice Needed, My Landlord Just Brought Quit Notice For All Tenants. by crafteck(m): 4:39pm On Dec 16, 2018
wirinet:


You are not in his pocket, 6 months might not be enough for him to raise the money to pay agency and agreement and the rent (which is always higher for new tenants ). I am not holding brief for him, but it might just not be convenient for him to move himself and his whole family in 6 months.
When I was a bachelor, my landlady then wanted to increase rent outrageously, I refused. She issued me 28 days quit notice, I threatened her with a lawyer. She then came to the house pleading and crying, that she depends on the rent for paying her children's school fees. I voluntarily moved out before the expiration of my rent. If I was a family man, it would not have been that easy.


I get you, but if you are living in an apartment and 6 months isn't good enough to raise money for something similar, you are living above your means, your house rent shouldn't be more than your 2 to 3 months income, i made sure mine is like half of my monthly income to avoid getting stranded. As for excuse of losing your job inadvertently, that's the reason not to live above your means, eat with both fingers.. Etc.. A banker getting 350k living in an apt of 900k is the usual thing around gbagada, can you imagine how stupid that is if there's no side income, man has so many responsibilities so the downsizable ones should be downsized. Also don't depend on one income source, if na barbing saloon or nairabet shop giving u 3k daily,, open am. Not every day is sunny. Know your worth, on an income of 600k,you want to send your 2 kids to school of 350k per term, 3 terms a year, who are you deceiving?
Re: Legal Advice Needed, My Landlord Just Brought Quit Notice For All Tenants. by crafteck(m): 4:41pm On Dec 16, 2018
Badb0y4lyf:


The intent of quick notice is to notify the tenant that the landlord wants to evict you for what ever reason now I’m still within my 6month paid rent and the landlord try to play smart by serving me quick notice So as to have 6month ahead which will still run within my rent now I decided to move out within a week I should be entitled to my 6 month rent.

How is that playing smart, 6 months notification isn't same as 6 months rent free, what exactly are you fighting for?
Re: Legal Advice Needed, My Landlord Just Brought Quit Notice For All Tenants. by abbey621(m): 4:58pm On Dec 16, 2018
I'm in an almost exact situation. I gave first notification along with renewal notice back in March of this year, his rent expired in August, I just gave him another quit notice in November. Any lawyer or person with knowledge of Lagos laws willing to advice? Do I just wait it out and let him use an additional 6 month from Novemeber or are there other legal remedies. Tenant is on a yearly lease and rent was due back in August.
Re: Legal Advice Needed, My Landlord Just Brought Quit Notice For All Tenants. by Badb0y4lyf(m): 5:01pm On Dec 16, 2018
crafteck:


How is that playing smart, 6 months notification isn't same as 6 months rent free, what exactly are you fighting for?
Continuous payment of the rent promptly isn’t my problem she want me out and I can move out in a week my fight here is refund for my remaining unused rent.
Re: Legal Advice Needed, My Landlord Just Brought Quit Notice For All Tenants. by Boyooosa(m): 5:05pm On Dec 16, 2018
Lordsocrates:


U dong turn him P.A or what ?
Just thinking that what u sow into people's lives, 1 million folds should be expected.
Re: Legal Advice Needed, My Landlord Just Brought Quit Notice For All Tenants. by crafteck(m): 5:13pm On Dec 16, 2018
Badb0y4lyf:

Continuous payment of the rent promptly isn’t my problem she want me out and I can move out in a week my fight here is refund for my remaining unused rent.

Depends on terms of payment, did you sign a refundable or non refundable clause?
Re: Legal Advice Needed, My Landlord Just Brought Quit Notice For All Tenants. by wirinet(m): 5:15pm On Dec 16, 2018
crafteck:


I get you, but if you are living in an apartment and 6 months isn't good enough to raise money for something similar, you are living above your means, your house rent shouldn't be more than your 2 to 3 months income, i made sure mine is like half of my monthly income to avoid getting stranded. As for excuse of losing your job inadvertently, that's the reason not to live above your means, eat with both fingers.. Etc.. A banker getting 350k living in an apt of 900k is the usual thing around gbagada, can you imagine how stupid that is if there's no side income, man has so many responsibilities so the downsizable ones should be downsized. Also don't depend on one income source, if na barbing saloon or nairabet shop giving u 3k daily,, open am. Not every day is sunny. Know your worth, on an income of 600k,you want to send your 2 kids to school of 350k per term, 3 terms a year, who are you deceiving?

You seem not to get it. I was not only talking about rent but also other associated costs also.
Let me give a typical example;
Imagine a banker earning N150,000 a month, paying hose rent of 450,000 a year with 2 kids in secondary school (I am not even talking about tertiary education yet). School fees alone will gulp at least N200,000 per term for medium grade school. Other associated costs like school transport, feeding, books and extra curricular activities would gulp almost half of the school fees.
He will need to fuel his car or transport himself to work, feed his family and run his home.
At the end of the month, he will hardly save up to 50,000 if he is extra prudent.
Now imagine he is forced to move suddenly (Even within 6 months).
First a similar house would cost higher - around 500,000 to 600,000. (New tenants pay higher in lagos). Agency and agreement would be around N150,000 ( maybe he can get N120,000 with much begging). Caution fees would be around N50,000.
So the total he is expected to cough up for a new house within 6 months is around N700,000.
He will need around 30,000 - 50,000 to move his properties, then he would need to paint the new house, redo the kitchen and do some repair works (except it's a brand new house)
If the new house is near his former house fine, but if it is some distance away, then the children might need to change school, which on it's own is quite expensive (new uniforms, books, etc).

And all these are for a man that earns N150,000 a month. Now, how many Nigerians legitimately earn N150,000 a month, when the minimum wage is N18,000.

The problem with Nigeria is that we run a distorted economy, distorted by corruption and crime. Almost everyone is involved in one crime or the other to meet basic standard of living. A banker earning N150,000/ month driving a N3 million car, his children going to 350,000/term school and building a N10million house. Same thing for that local government chairman, commissioner, governor, etc. Ditto also for that police man, custom officer, LASMA official. It is the ones who are not in a position to beat the system that suffers.

Other economics are not run on distorted economic model, you can actually live on living wage

1 Like

Re: Legal Advice Needed, My Landlord Just Brought Quit Notice For All Tenants. by Lordsocrates: 5:22pm On Dec 16, 2018
Boyooosa:

Just thinking that what u sow into people's lives, 1 million folds should be expected.

Na im i never turn millionaire yet.
After allthose money i dey dash beggers ?
Re: Legal Advice Needed, My Landlord Just Brought Quit Notice For All Tenants. by Tosyno4tt(f): 5:25pm On Dec 16, 2018
Its like the people asking the op to move out dont know lagos wahala....after agreement fee , caution fee and some useless fee charged by these landlords, getting an accommodation in lagos is a seven unit course. Them dey use accommodation do business for Lagos o..... My landlord no dey rent house if u get family...na single or student dey rent the house. When my landlord asked me to pack, i just tell am say if he fit refund my agreement and commission fee, i go pack...if not, hes on a long thing....since then, oga no disturb again
My advise.... Tell ur landlord to give you time to raise money and you are due for 6 mths notice, if within the 6months, u no get house....hin go add 3 months join again....he think e easy.
Re: Legal Advice Needed, My Landlord Just Brought Quit Notice For All Tenants. by Evangkatsoulis: 5:42pm On Dec 16, 2018
Badb0y4lyf:


The intent of quick notice is to notify the tenant that the landlord wants to evict you for what ever reason now I’m still within my 6month paid rent and the landlord try to play smart by serving me quick notice So as to have 6month ahead which will still run within my rent now I decided to move out within a week I should be entitled to my 6 month rent.

Lol. You have to give him about 3 month notice too, otherwise you forfeit ya six month rent.
Re: Legal Advice Needed, My Landlord Just Brought Quit Notice For All Tenants. by crafteck(m): 6:09pm On Dec 16, 2018
wirinet:


You seem not to get it. I was not only talking about rent but also other associated costs also.
Let me give a typical example;
Imagine a banker earning N150,000 a month, paying hose rent of 450,000 a year with 2 kids in secondary school (I am not even talking about tertiary education yet). School fees alone will gulp at least N200,000 per term for medium grade school. Other associated costs like school transport, feeding, books and extra curricular activities would gulp almost half of the school fees.
He will need to fuel his car or transport himself to work, feed his family and run his home.
At the end of the month, he will hardly save up to 50,000 if he is extra prudent.
Now imagine he is forced to move suddenly (Even within 6 months).
First a similar house would cost higher - around 500,000 to 600,000. (New tenants pay higher in lagos). Agency and agreement would be around N150,000 ( maybe he can get N120,000 with much begging). Caution fees would be around N50,000.
So the total he is expected to cough up for a new house within 6 months is around N700,000.
He will need around 30,000 - 50,000 to move his properties, then he would need to paint the new house, redo the kitchen and do some repair works (except it's a brand new house)
If the new house is near his former house fine, but if it is some distance away, then the children might need to change school, which on it's own is quite expensive (new uniforms, books, etc).

And all these are for a man that earns N150,000 a month. Now, how many Nigerians legitimately earn N150,000 a month, when the minimum wage is N18,000.

The problem with Nigeria is that we run a distorted economy, distorted by corruption and crime. Almost everyone is involved in one crime or the other to meet basic standard of living. A banker earning N150,000/ month driving a N3 million car, his children going to 350,000/term school and building a N10million house. Same thing for that local government chairman, commissioner, governor, etc. Ditto also for that police man, custom officer, LASMA official. It is the ones who are not in a position to beat the system that suffers.

Other economics are not run on distorted economic model, you can actually live on living wage


Means he can't afford a 450k rent, he should look for cheaper or move to ibadan.

1 Like

Re: Legal Advice Needed, My Landlord Just Brought Quit Notice For All Tenants. by CarlsJaz567(m): 6:10pm On Dec 16, 2018
Dshocker:


You can leave in that house 2years without paying a dime.

Firstly he can't just evict you just like that,and secondly he has to serve you another (second) eviction letter, before your lawyers take it up from there.when you get to court room,your lawyer should be asking for 1year grace before you park out, that you have no money.
Definitely the judge will grant you as much as 6-8months grace before parking out,close to the expiration of that period,drag the landlord to court again and your lawyer will still plead to the judge that the country is hard,that you should be given sometime...The same judge will still grant you a grace of 3-6month.
Repeat it again during the expiration of that three month and the court will give you the last grace of 1month.


Mind you;during this period of grace, you should be able to secure another accommodation.
And if the landlord doesn't follow due process and trys to evict you forcefully,the court will penalize the landlord by allowing you stay in that house for 2years without paying.


Why am telling you this is just a measure to discipline your landlord...Follow this step and he will come begging for settlement...

The person giving this kind of advice is displaying an attitude that many landlords in Lagos associates with people from a certain tribe. This is unfortunate because it is not everyone from the tribe that has warped mind about rights and privileges. However, to be fair, from what I have experienced from co-tenants, and from the experience of other people closely associated to me, the fears of these landlords may be deemed justified.

Why trying to create problems when there are not! The landlord had done the needful here and he may use his discretions to give a soft-landing to the OP if he is humble enough to approach him, rather than carrying out unnecessary chest-beating as adviced by some Nairalanders. The bone of contention here is the question of when the 6 months quit notice is supposed to have started.

OP, please tread the path of peace so that there won't be the reinforcement of the label placed on people from XYZ part of the country!

1 Like

Re: Legal Advice Needed, My Landlord Just Brought Quit Notice For All Tenants. by Boyooosa(m): 6:10pm On Dec 16, 2018
Lordsocrates:


Na im i never turn millionaire yet.
After allthose money i dey dash beggers ?
May be u don't give with good intentions, who knows?
Cos if u have bn going so with good fate, u would have grown more than this...
Re: Legal Advice Needed, My Landlord Just Brought Quit Notice For All Tenants. by Stevewonder004(m): 6:13pm On Dec 16, 2018
Dats why i love my igbo brothers...
We dont take such bulshit, and thats why the yoruba landlord fears the mention of an igbo tenant........
I would have offer to help but i dont know the tribe dat your landlord came from but if he is an omor igbo my brother the only advice i have for you is to start looking for another apartment cos he already has his own other plans for all of una that will try to mess up with him.........
You can say what ever you want but what i just told you is the pure truth....

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