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Legal Advice Needed, My Landlord Just Brought Quit Notice For All Tenants. - Properties (13) - Nairaland

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Re: Legal Advice Needed, My Landlord Just Brought Quit Notice For All Tenants. by Legalissues: 1:53pm On Dec 17, 2018
[quote author=maasoap post=73921732]

Really, Mr law? What if he has 8 months to go? The landlord would give him 6 months notice according to the law and pay him off for the remaining 2 months? Lol.
What if the landlord wasn't evicting the tenant but the tenant decided to move out and asks the landlord to refund him for the remaining 4 months? The law is not stupid my friend.
As a landlord, you have rights under the law but that doesn't mean that tenants have no rights.
Any talk about serving quit notice to tenant when he's still having active rent is null and void. We'll, you can serve it but it wouldn't count. [/quote

Most people dont understand that there are laid down rules regulating the recovery of premises procedure and these can not be bent to suit any occasion but must be strictly abided by and in the absence of this the law which suppose to be SHIELD becomes a SWORD.
Note that a notice to quit is only applicable to an existing tenancy and not a tenancy that has already be determined.The whole purport of the notice is to notify a tenant that he shouldn make future payment but give up possession at the expiration of his tenancy, obvoiusly it is a misconception to believe the notice should be issued after the tenancy expires. The law in most states is that the computation of time on the notice to quit should even end on eve or anniversary of tenancy but in Lagos state the computation of time can exceed tbe anniversary of the tenancy.

Now back to your illustrations:
If he had 8 months to go, his landlord would wait for when he has not less than 6 clear calender months before issuing his notice. So he doesn need to pay for any extra 2months.

If a tenant is moving out before his rent expires, he is doing that willing and not being forced out so refund would depend on his rappour with his landlord. I have seen an arrangement whereby landlord makes refund when he gets a new tenant
Re: Legal Advice Needed, My Landlord Just Brought Quit Notice For All Tenants. by maasoap(m): 2:32pm On Dec 17, 2018
Legalissues:
If a tenant is moving out before his rent expires, he is doing that willing and not being forced out so refund would depend on his rappour with his landlord.

That's exactly my point. The law is there to protect both landlords and tenants. No one should be trying to be clever by half. Court is there that will interpret the tenancy law for them.
The only people who have problems with the guy going to court are the people who want him to just pack and move.

1 Like

Re: Legal Advice Needed, My Landlord Just Brought Quit Notice For All Tenants. by Bbdealer(m): 4:13pm On Dec 17, 2018
All true and the duration of the case is not free rent. All outstanding stay will be paid
wirinet:

Nigerians are experts in whataboutism. This is not about owning a property or planing to own one, this is about a tenants right to peace of mind and stability. A landlord can only hire thugs for someone who does not know his rights or a coward. Hire thugs to invade the home of a person who knows his rights and the landlord will pay restitution through his nose or even go to jail.

You guys are talking like the landlord will just pack out the load of a tenant after the expiration of the quit notice without going through the judicial system. Arguments will still be presented at the courts as to the reasons for the quit notice and when the tenants can leave or be evicted.
The court case can only be commenced after the expiration of the eviction date and the case can remain in court for between 3 to 12 months.
Re: Legal Advice Needed, My Landlord Just Brought Quit Notice For All Tenants. by Nobody: 5:07pm On Dec 17, 2018
maasoap:


Not only that, if they feel like exploring the law, they will get additional 6 months. Lol
err...not quite, beacuse i can explore the law too, by going to the high court, the high court decision, and action are taken imminently ussually.
Re: Legal Advice Needed, My Landlord Just Brought Quit Notice For All Tenants. by rOsy247(f): 6:12pm On Dec 17, 2018
Neduzze5:


Nah, just a personal something. I know you from somewhere in Oyigbo

It's not me. I've never been there before.
Re: Legal Advice Needed, My Landlord Just Brought Quit Notice For All Tenants. by LKO(m): 10:30pm On Dec 17, 2018
wirinet:

The 7 day notice is irrelevant because there is nothing your dad can do if the tenant does not pack out after seven days. It is only a court that can forcefully evict a tenant. Go to the nearest rent tribunal, get a charge and bail lawyer there. There are many freelance charge and bail lawyers milling around rents tribunals. They are very cheap and they understand the system. You can then charge the tenants to court and hopefully get them evicted between 3 to 6 months.


Your points well taken. But u still have to issue the 7 day notice before proceeding to get the court to forcefully eject him. I'm only asking if the 7 day notice is sufficient or we have to issue a 6 month quit notice since he is a yearly tenant, mind you he is in arrears of 18 clear calendar month arrears. Many thanks.
Re: Legal Advice Needed, My Landlord Just Brought Quit Notice For All Tenants. by Stevewonder004(m): 6:07pm On Dec 19, 2018
crafteck:


Tribalistic fool don spoil thread
........
I know say this one pain you die...
But i dont hv time for kids like you....
Incase you hvnt gotten your xmas cloth, all you just have to do is to talk and i will have it delivered...
You know you are a kid
Re: Legal Advice Needed, My Landlord Just Brought Quit Notice For All Tenants. by crafteck(m): 8:05pm On Dec 19, 2018
Stevewonder004:
........
I know say this one pain you die...
But i dont hv time for kids like you....
Incase you hvnt gotten your xmas cloth, all you just have to do is to talk and i will have it delivered...
You know you are a kid

For ur mind u make sense, na wetin u de take ur 10mb data do be dis.
Re: Legal Advice Needed, My Landlord Just Brought Quit Notice For All Tenants. by Casemiro(m): 10:17am On Dec 20, 2018
> it is well


landlords sha
choi shocked big momas garden
Natural home remedies
Re: Legal Advice Needed, My Landlord Just Brought Quit Notice For All Tenants. by igbanbajo(m): 9:15am On Dec 22, 2018
Lordsocrates:
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.
Re: Legal Advice Needed, My Landlord Just Brought Quit Notice For All Tenants. by Banol: 4:59pm On Sep 12, 2019
Please lawyers in the house kindly correct me if am wrong. I have a fixed term 1 year tenant agreement with my tenant and his tenancy is valid from sept 2018 to sept 2019. But due her imoral behaviour of smoking indian hemp, bringing questionable characters at home and coming late at odd hours like 2 am , 3am etc. i gave her warning letter and yet she disobeyed my warning and i now issue her quit notice starting from March 1st 2019 to end at 30th of september 2019 (7 months) thou her tenancy expires by september 8th 2019. Please did i serve a corect quit notice? And also what is the next step to take if she dis not quit by the said time. Thanks
Re: Legal Advice Needed, My Landlord Just Brought Quit Notice For All Tenants. by Legalissues: 10:43am On Sep 24, 2019
Banol:
Please lawyers in the house kindly correct me if am wrong. I have a fixed term 1 year tenant agreement with my tenant and his tenancy is valid from sept 2018 to sept 2019. But due her imoral behaviour of smoking indian hemp, bringing questionable characters at home and coming late at odd hours like 2 am , 3am etc. i gave her warning letter and yet she disobeyed my warning and i now issue her quit notice starting from March 1st 2019 to end at 30th of september 2019 (7 months) thou her tenancy expires by september 8th 2019. Please did i serve a corect quit notice? And also what is the next step to take if she dis not quit by the said time. Thanks



A FIXED TENANCY is terminated at the effluxion of the fixed duration and does not require a notice to quit in the eviction process. Thus in evicting a tenant u proceed with the service of the 7 DAYS NOTICE OF OWNERS INTENTION TO RECOVER PREMISES.
Thus all u need to do immediately her tenancy lapses is to serve A 7 DAYS NOTICE OF OWNERS INTENTION TO RECOVER PREMISES immediately at the lapse of her tenancy.

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