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Legal Advice Needed, My Landlord Just Brought Quit Notice For All Tenants. - Properties (5) - Nairaland

Nairaland Forum / Nairaland / General / Properties / Legal Advice Needed, My Landlord Just Brought Quit Notice For All Tenants. (38460 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 ajl: 10:26am On Dec 16, 2018
MrPresident1:
Why do you pay yearly rent in Nigeria? That's criminal and fraudulent. In Nairobi, we pay monthly!

One of the reasons why Nigeria is an upside down society. Before, landlords used to request arbitrary tenancy periods like 2 or 3 years, especially in Lagos, until the state govt made a law against it. Now it's usually 1yr but also depend on location of property.

1 Like

Re: Legal Advice Needed, My Landlord Just Brought Quit Notice For All Tenants. by bareal(m): 10:27am On Dec 16, 2018
Oga.... Some guys from the yeast will advice you to go to court or drag with your landlord. But, the question is, do you have a family, wife and kids? Do you love them? If yes, meet with your landlord and have a chat with him not arrogantly oh.
If the meeting ends in a deadlock, start looking for another house. Six months is enough for you to do that. God will provide for you.

Don't make trouble. God bless!

7 Likes

Re: Legal Advice Needed, My Landlord Just Brought Quit Notice For All Tenants. by EmmyCC: 10:28am On Dec 16, 2018
Nwokem you have till April next year then extra 2 months which is June you don't need to make trouble because if you do you will still spend and las las even if you get additional 6 months you will still pay for the rent and pack out at the expiration so I suggest you begin now to plan your moving out shikinah

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Re: Legal Advice Needed, My Landlord Just Brought Quit Notice For All Tenants. by Nobody: 10:29am On Dec 16, 2018
Dshocker:


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

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...



If you try this shiit in my property , i can assure you that you wont be alive to witness that 2yrs.

If you know, you know.

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Re: Legal Advice Needed, My Landlord Just Brought Quit Notice For All Tenants. by Emaprince: 10:29am On Dec 16, 2018
olaben16:


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

grin grin Plus yearly Service charge. I paid all these in my new apartment. It's crazy
Re: Legal Advice Needed, My Landlord Just Brought Quit Notice For All Tenants. by princenaira(m): 10:29am 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.

Before you do that, keep enough money on ground for legal battles and also become security conscious, both spiritual and physical.

I am a landlord and must acknowledge there are both wicked and inconsiderate landlords and tenants everywhere. But in this case I'd true as narrated, each person must have six month to pack legally. If your rent expires less than six months from the day of notice, he should allow extra months to complete.

Better still, you guys can still engage him or his lawyer on a peaceful resolution but NOTE very well (since you sounds so innocent and inexperience yet on landlord/tenancy issues) pursue peaceful resolution first. No lawyer does any case for free

My advice

1 Like

Re: Legal Advice Needed, My Landlord Just Brought Quit Notice For All Tenants. by udemzyudex(m): 10:30am On Dec 16, 2018
LegalOpinion:


That is not the position of the law. The 6 months notice to quit applies only to tenants whose rent is still active. After the expiration of your rent, you are no longer entitled to 6 months notice to quit.


You have the Lagos state tenancy law? Pls screenshot that part and post it for me to see. Thanks.
Re: Legal Advice Needed, My Landlord Just Brought Quit Notice For All Tenants. by dgee1(m): 10:30am On Dec 16, 2018
noeloge82:


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

Spot on!

From what you wrote, I would like to believe you own a house or you've had a lot of experience about landlord/tenant issues.

I also have the feeling they were claiming rights and throwing jabs at the landlord. Sometimes playing mumu with landlords is the easiest way to 'catch' them.

Once most people pay rent they would begin to attempt to lord it over the landlord, especially some guys from a particular part of the country and I'm not a tribal bigot.

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Re: Legal Advice Needed, My Landlord Just Brought Quit Notice For All Tenants. by LegalOpinion: 10:31am On Dec 16, 2018
udemzyudex:


Funny, Oga na you go pay for that 6 months, the 6 months grace given is for you use it and hustle and get out.

Why will I pay for the 6 months grace stipulated by the law?

Omo some landlords they use people anyhow ooo. Now I know why some landlords dey say them no dey agree take igbos again grin

Oga if you want to make case with your landlord you will stay 9 months + without paying shishi.

If to say i never get experience I for no argue but for wetin I know, me pay for the 6 months. I hear u.

There is no such provision in law. Grace period doesn't mean you won't pay.

The only challenge is that the landlord has to approach the court again for claim. Without that, he can't stop you from moving out.
Re: Legal Advice Needed, My Landlord Just Brought Quit Notice For All Tenants. by madgoat(m): 10:33am On Dec 16, 2018
WhoJahDonBless:
For the record ur landlord can serve u with a quit notice anytime he feels like. The six month notice can end on the day ur rent expires and u'ld still have to move out so long as u were served with d 'six month notice' . ur land lord has done the proper thing by serving u guys dis month and is on his right to do so.

My Advice to u:
U can seek for a further date within which u wud move out but ur best bet is to move out within the extra 2month given after ur rent expires. If u refuse to give up his property further notices wud follow shortly b4 litigation.

Ps: a six month quit notice doesnt operate after the expiration of ur rent it can b served any time from six month b4 its expiration.

Are you sure you are wise at all angry
How will 6 months mean any time. So a tenant should pack out while his rent is still running because the 6 months was issued and elapsed during the time of rent. Plz use your sense abeg. The 6 months will be after the expiration of rent.
Re: Legal Advice Needed, My Landlord Just Brought Quit Notice For All Tenants. by bigtt76(f): 10:34am On Dec 16, 2018
The landlord is just trying to get you guys to come to his terms. Rally round other willing tenants, pay him a visit and table your concerns and pledge allegiance. If he wants to increase, he should let you guys know and if you're willing pay.

On the other hand, if he refuses, obey him and set in motion your plan to vacate his premises after the notice expires. Do not try to fight him over his property.

In Lagos the day you sign the agreement to rent an apartment is the same time you set in motion your emergency plan to quit the premises.

The plan should take into consideration your choice location to move to and trusted agents to help make it happen. Once you get notices such as these, let it trigger the start of the plan when you work behind the scene to resolve any issue.

All the best.

2 Likes

Re: Legal Advice Needed, My Landlord Just Brought Quit Notice For All Tenants. by INDUSTRIALFAN(m): 10:35am 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.

oga he isn't just giving you 2 months. He is actually very considerate seeing that some wicked landlords will not even serve you a quit notice. They will just refuse your next rent and tell you to leave. This one is kind enough to give you the quit notice now(December) telling you to pack latest 2 months after your rent expires in April( June) that is 6 months to look for a new place. It is his house, he can decide he doesn't want your money anymore and you can't force him to take it. 6 months is enough to to look for accommodation. He probably wants to start afresh and set new rules. You can still try to talk to him to reconsider you as a non problematic tenant.

2 Likes

Re: Legal Advice Needed, My Landlord Just Brought Quit Notice For All Tenants. by kapelvej: 10:36am On Dec 16, 2018
One year rent demands one month quit notice. The landlord gave you two. Now let's look at it like this. The house belongs to him he can give all of you quit notice without e explaining to any of you as long as he gives you adequate time according to the law. In this case he has given you two months instead of one and 6 months in advance. I think he has done well

1 Like

Re: Legal Advice Needed, My Landlord Just Brought Quit Notice For All Tenants. by INDUSTRIALFAN(m): 10:38am 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.
technically, the op already has like 6 months (January till 2 months after expiry which is April.
Re: Legal Advice Needed, My Landlord Just Brought Quit Notice For All Tenants. by iamjavadem(m): 10:38am On Dec 16, 2018
"serve him a letter in June 2019"? Your rent expires in April 2019 and he gave you till June 2019 to move out, thats the legitimate 6 months notice he has given you since he served you a letter in Dec 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.
Re: Legal Advice Needed, My Landlord Just Brought Quit Notice For All Tenants. by INDUSTRIALFAN(m): 10:38am 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.
technically, the op already has like 6 months notice (January till 2 months after expiry which is June.
Re: Legal Advice Needed, My Landlord Just Brought Quit Notice For All Tenants. by iamjavadem(m): 10:39am On Dec 16, 2018
letter serveed in Dec 2018 to move out in June 2019, that is 6 months, read well before you reply.
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.

1 Like

Re: Legal Advice Needed, My Landlord Just Brought Quit Notice For All Tenants. by chimauk(m): 10:40am On Dec 16, 2018
olaben16:



Thanks, moving out is not really a big deal, but you know the logistics involved in moving to a new apartment in Lagos, unprepared?

Moving entails budgeting.

So giving me just 2months after my rent to sort it out is my major concern.

I can't drag his own house with him.

But I just think if I pay my rent yearly and as when due, then I shouldn't be put under Durex to move out.

I might be wrong though, that's why I sought for advice, so that I don't take the wrong step.
don't sign anything.wait till ur rent expires,then u give him ur own notice and u guys can discuss from there..his notice is just words of mouth for now until u sign.but start raising money to leave the house.moving into an apartment is not easy.agents and agreement,logistics,repairs and d rest.don't let d landlord cheat u and don't also try to be smart
Re: Legal Advice Needed, My Landlord Just Brought Quit Notice For All Tenants. by INDUSTRIALFAN(m): 10:41am On Dec 16, 2018
Naijaphobia:
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
exactly.
Re: Legal Advice Needed, My Landlord Just Brought Quit Notice For All Tenants. by bareal(m): 10:41am On Dec 16, 2018
doctordauda:




If you try this shiit in my property , i can assure you that you wont be alive to witness that 2yrs.

If you know, you know.


Leave am na Igbo man. That was how a tenant lost his sight and a child. Na raise ẹ take comot for the house but the deed had already been done.

1 Like

Re: Legal Advice Needed, My Landlord Just Brought Quit Notice For All Tenants. by bigtt76(f): 10:41am On Dec 16, 2018
At bolded.... The more reason the judge would uphold the notice to evict you. You have no money but want to stay in the house... Who will be paying your bills and who will pay the bills on the house the landlord is meant to pay?



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...

2 Likes

Re: Legal Advice Needed, My Landlord Just Brought Quit Notice For All Tenants. by dgee1(m): 10:41am On Dec 16, 2018
olaben16:


Thanks, moving out is not really a big deal, but you know the logistics involved in moving to a new apartment in Lagos, unprepared?

Moving entails budgeting.

So giving me just 2months after my rent to sort it out is my major concern

Bro, in the eye of the law he has given you six months notice not two.

I'm not a lawyer but I know the 'summary' of the Lagos state law about this.

Six months notice if you pay yearly. Three months notice if you pay twice in a year. A quit notice could be given to you six months to the expiration if your rent. It is valid and lawful.




But if you signed for less than six months in your agreement paper, then it is what you both agreed upon that will take precedence.

2 Likes

Re: Legal Advice Needed, My Landlord Just Brought Quit Notice For All Tenants. by LegalOpinion: 10:41am On Dec 16, 2018
udemzyudex:


You have the Lagos state tenancy law? Pls screenshot that part and post it for me to see. Thanks.

I am telling you the position of the law. If you feel it's not correct, then point to that section of the LTL?

And I hope you also know that the Lagos tenancy law does not apply to all areas in Lagos State?
Re: Legal Advice Needed, My Landlord Just Brought Quit Notice For All Tenants. by LibraKing: 10:44am On Dec 16, 2018
olaben16:



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
Calm down, I had this same issue with my landlord. By January ending , tell him you really want to renew your rent. His head go don calm down . No follow him shout from now to January. Meet him and discuss. But if you have a direct hit or issues with him . Quit noticed are served 6months before expiration date .if you count it right and e reach , then know you need to start making arrangements.

2 Likes

Re: Legal Advice Needed, My Landlord Just Brought Quit Notice For All Tenants. by mastech1(m): 10:44am On Dec 16, 2018
first thing is try to make peace with him, pay him a visit and let him know why you can't pack out soon as he said, agree terms with him if possible but don't be desperate in his presence.
secondly, if you have money or you have your own personal project (house) and you very sure you will finish within a year from now or you want to play return match follow this practical step ( this is what you surely get as far as Lagos State official s will be the to mediate.
1. keep all your receipt from inception or at least last payment proof.
2 . don't call or text him wait till the end of your tenancy payment then call to pay him he will surely reject the payment then you can send him a text inform to give you some time to find a new house, he will come after the expiration of his notice then the way will start but don't fear you have another 4 month till October without payment b4 the end of October write him to give you extra 2 month till December but you must pack before December ending. if he likes let him take you to supreme Court you will get this as minimum in Lagos.
Re: Legal Advice Needed, My Landlord Just Brought Quit Notice For All Tenants. by oruma19: 10:44am On Dec 16, 2018
Wc mumu advise are u seeking? Go and see him and if he doesnt agree with ur terms look for alternative and pack out. Na u build house for am? Abi u tink sat na gvt property wey u get right to?. This is how many stupid pple try to claim right where they dont have. He owns his property, meet him and dialogue, if u do court cases u will be shocked by the time u realise u v used one yr house rent to pay a lawyer. Be smart.

3 Likes

Re: Legal Advice Needed, My Landlord Just Brought Quit Notice For All Tenants. by Mizwisdom(f): 10:44am On Dec 16, 2018
Lilshorecords:
Guy pack comot. Shey na u build house for am?


grin I wonder

1 Like

Re: Legal Advice Needed, My Landlord Just Brought Quit Notice For All Tenants. by INDUSTRIALFAN(m): 10:45am On Dec 16, 2018
rOsy247:
I doubt if it's legally right for such short notice
it's not a short notice. OP has 6 months notice already which is usually the standard. His rent expires in April 4 months time and landlord gave extra 2 months making 6 months. You think he didn't consult his lawyer for advice?

2 Likes

Re: Legal Advice Needed, My Landlord Just Brought Quit Notice For All Tenants. by Lordsocrates: 10:45am On Dec 16, 2018
Boyooosa:

U r advising somebody to go n die n still wishing him happy Sunday, how does that correlate, pls tell me.

Might be the best way to celebrate sunday for him...
Re: Legal Advice Needed, My Landlord Just Brought Quit Notice For All Tenants. by shosky1794: 10:45am On Dec 16, 2018
The OP keeps saying giving him 2-month notice is wrong. He didn't give you 2 months, he gave you 6-month notice. The Lagos tenancy law is clear on this. The notice can even be 6 months before the expiration of rent. Get soft copy of the Lagos tenancy law online and read for yourself. People advising you to go to court does like you at all because the court rule in favour of you landlord and you be given 7 days to move your things out and even pay for the extra days you have stayed in the house before the judgement.

4 Likes

Re: Legal Advice Needed, My Landlord Just Brought Quit Notice For All Tenants. by dgee1(m): 10:48am On Dec 16, 2018
udemzyudex:
If he gives you quit notice asking you to evacuate within 2 months of expiry date, you too get a lawyer and serve him your own notice stating the law to him..


Some of this landlord always think they God and if you don't challenge them back they will always take you for a ride.

If you pay every 6 months, you're entitled to 3 months notice and if you pay every year, you're entitled to 6 months.

You just have to let him know with your notice too, so he will know he is not dealing with someone he can just push around.


Without trying to start a tribal war here, honestly when I am not surprised you said this. I've made my little research, people from your part of the country are always very very hard tenants.


Now listen, the 'entitled 6months and 3months notice' you mentioned are NOT supposed to be free. It could be given while your rent still run. Go and educate yourself about this and stop putting people into wahala.

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