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Our Tenant Hasn't Paid Rent Since 2018, What Can I Do? - Properties (5) - Nairaland

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Re: Our Tenant Hasn't Paid Rent Since 2018, What Can I Do? by ridbell01(m): 3:41pm On Mar 17, 2020
Starboytwo:
eldest bro is based in another state, in two years he's came once but always issue threats on the phone(phone threats epp nobody)

And he has mandated me to make sure everything was upto date, whenever he calls and I give him updates he told me to take necessary measures already...

I have spoken with the tenants in question a couple of time, I also try to make a deal with him about clearing his 2018 rent, we not even talking 2019, but 18...

For the past 2 weeks he is evasive and yesterday he broke the camel's back by referring me to talk to his wife blah blah, I just felt he thought I could do nothing and eldest bro will just issue non- binding threats as usual....


I have scourge online and I have written a "quit notice" letter, however I do not know the steps to take, do I serve him in person? Or through a lawyer(I don't have one) or I can't even serve him at all, but I want something done today or nothing will be done at all... He is not the only tenants owing 2018, and I feel I will send a clear messages to other tenants owing with my actions or steps taken....

I need some useful help, the care of the house is entrusted to me, not by choice tho, but cuz I currently reside here...
just gather 10k give police just tell them to chase them out or you can go there and remove like 10 roofing sheets I swear they will leave there this month if you use that second option

1 Like

Re: Our Tenant Hasn't Paid Rent Since 2018, What Can I Do? by Perfecttouchade: 3:46pm On Mar 17, 2020
Use Corona take pursue the stubborn tenant ....tell the tenant sey u go get visitor from Wuhan China by next week grin nobody go tell am before he pack comot
Re: Our Tenant Hasn't Paid Rent Since 2018, What Can I Do? by Leezah(f): 3:46pm On Mar 17, 2020
Yes.
Imarnuel08:


I know a lawyer who did this exact thing. You have a right to renovate your house upon giving the tenants notice.

2 Likes

Re: Our Tenant Hasn't Paid Rent Since 2018, What Can I Do? by adekennis(m): 3:47pm On Mar 17, 2020
Leezah:
@starboytwo Get a lawyer.. Please don't take laws into your hands, because the law tilts more in favour of tenants. get a lawyer to Give him quit notice if his a yearly tenant If the tenant is on yearly payment, it is 6 months notice that u'll give him and it will start counting frm d day you served him d notice irrespective of how many months he has not paid.

Once the quit notice has been filed validly for 6 months, any day over that 6 months notice means the tenant is holding over that property illegally and he no longer becomes a tenant but a tenant at sufferance and from there onward you dont need to issue him a quit notice again but an OWNERS INTENTION TO RECOVER PREMISES in 7 DAYS And from there onwards the tenant practically has no defence legally when the matter will be filed at the rent tribunal nearest to you.

Tops with all the adjournment within 3 to 5 months the court balliffs will personally come to serve them to eject them of the premises compulsorily.

or

If you don't want to contact a lawyer.
Let me give you a summary of what you should do .Serve him the statutory notices ie 7 days and one month,then file a suit for recovery of premises at the nearest magistrate court.

Once the case comes up tell the court you are handling the case yourself,enter witness box and tell the court what the man did and the order you are seeking from them.The bailiff will then enter the box and tell the court that he served the man but he didn't come .The court will then grant you the order you are seeking.You will take the judgement copy and go to the bailiff and pay them for policemen.

The policemen and the bailiffs will go to the man's house one early morning, break his house and pack all his properties to the court premises. I hope you learnt something today from this. Goodluck


or

If you based in Lagos If its Lagos, go through the human right activist section of the state government. They have many outlets in each local government in the state. They'll charge a fee of #8,000 and would handled the cases

Your explanation is so detailed ma and I hope the OP make use of it..Pls I have question to ask, I have a 5yrs lease tenancy which expired last year .I inheritrd the tenant from the formal owner of the property. Do I have to serve them 6months notice also? Thanks for your response in advance

1 Like

Re: Our Tenant Hasn't Paid Rent Since 2018, What Can I Do? by Codes151(m): 3:49pm On Mar 17, 2020
Lol. What a joke
Re: Our Tenant Hasn't Paid Rent Since 2018, What Can I Do? by Leezah(f): 3:49pm On Mar 17, 2020
Kokaine:

My friend took a duplex in vgc
The landlord was a builder. He builds houses in lekki and sells them. And we were solar power installers. My friend went into a contract with this man to power his three houses for a price. They agrees he will pay when he has sold the houses. But it was taking too long to sell, then they agreed that my friend will move into his house for the amount he was supposed to pay.

It was a five bedroom duplex and my friend was owing me 400k at the time. So he said I could take one room for the money he owed me.

Along the line we became lonely in the compound. It was too big for us, so we decided to sublet the other rooms, the bq and the gate house because the landlord wasn't around. I was the one who provided the agent and the agent brought tenants. We did our best interviewing the proposed tenants to be sure they were all good guys.

Unluckily for us, the lady who took the bq who said she was doing her MSC in unilag and had a boutique, turned out to be prostitute. She was virtually turning the compound to an attraction site for men. And news reached the landlord that his property has been converted to another use. He then came with a document they signed. Dude didn't see the part where subletting was not allowed.

It was a police case. We were ordered to refund all the tenants and evacuate the facility. Our water bill in vgc was accumulating because a pipe was leaking.

The landlord locked the gates of the house one morning with police while we were inside. Later they allowed us come put but not with any thing of ours pending when we paid the accumulated water bill.

I had all I had acquired in Lagos inside that house. Laptop, inverter, TV air cooler all my clothes and even documents for a land I was paying instalments for.

When I left there empty handed, I was distraught. No where to begin. I even slept in cell because some tenants arrested us. It took over two years before I got money again to go pay that boll and get my things. But then when I called him. He said someone else took the house and he cannot account for the things that were inside. I just counted my losses and moved on with life.
Sorry about your experience. You guys where wrong to sublet.

2 Likes

Re: Our Tenant Hasn't Paid Rent Since 2018, What Can I Do? by Leezah(f): 3:51pm On Mar 17, 2020
Meuxman
I am sorry I cant do pm just drop your mail
Re: Our Tenant Hasn't Paid Rent Since 2018, What Can I Do? by Leezah(f): 3:51pm On Mar 17, 2020
Can we talk outside Nairaland? drop your mail.
adekennis:


Your explanation is so detailed ma and I hope the OP make use of it..Pls I have question to ask, I have a 5yrs lease tenancy which expired last year .I inheritrd the tenant from the formal owner of the property. Do I have to serve them 6months notice also? Thanks for your response in advance
Re: Our Tenant Hasn't Paid Rent Since 2018, What Can I Do? by Leezah(f): 3:54pm On Mar 17, 2020
bejick:

take them to mediation center and get justice.
Lawyer is good oo but he might form alliance with the tenant the it is finish for you.
Take all the their it is free. whatever judgement you guys agree on will be binding. And since they are owing that will make it easier for you. They are no longer normal tenant but tenant at will.
If this eventually happen report him to the NBA in your location.

3 Likes

Re: Our Tenant Hasn't Paid Rent Since 2018, What Can I Do? by Dstar434(m): 3:59pm On Mar 17, 2020
Mateen1000:
Disconnect the Light and Remove the ROOF

CASE CLOSED grin
Pls don't do this. Like someone said earlier, the law seems to tilt more towards tenants. Doing this might lead to more problem for you under the Law.

1 Like

Re: Our Tenant Hasn't Paid Rent Since 2018, What Can I Do? by Yankee101: 4:01pm On Mar 17, 2020
Hand over to a lawyer for recovery/management.

Discuss all costs upfront
Re: Our Tenant Hasn't Paid Rent Since 2018, What Can I Do? by samsam2019: 4:05pm On Mar 17, 2020
Starboytwo:
Good day all,

We have a tenant who has refused to pay rent since 2018, he only promised to pay and always defaults everytime...

What are the steps I need to take to get the rents or preferably reclaim the room he occupies?

There is a seemingly Big void as nobody takes any action since my Father passed (landlord) i.e, tenants civil enough do pay their rent to my eldest brother who lives far away but some like the tenants in question take advantage and do not like to pay...

Can I write a "Notice to Quit" and deliver it to him in person, or must I entrust a lawyer?

If I notify him about quitting the room, is he qualified for the 6 month the law prescribe...

I need tips on how to handle this situation...


it will be a long process if you try to evict him through the law.


But if you go through my mothers I trust you it won't be long. He will even pack out of your house without even renting another place to put his properties ( my mothers are that lethal)

2 Likes

Re: Our Tenant Hasn't Paid Rent Since 2018, What Can I Do? by andrewbaba44: 4:05pm On Mar 17, 2020
Starboytwo:
Good day all,

We have a tenant who has refused to pay rent since 2018, he only promised to pay and always defaults everytime...

What are the steps I need to take to get the rents or preferably reclaim the room he occupies?

There is a seemingly Big void as nobody takes any action since my Father passed (landlord) i.e, tenants civil enough do pay their rent to my eldest brother who lives far away but some like the tenants in question take advantage and do not like to pay...

Can I write a "Notice to Quit" and deliver it to him in person, or must I entrust a lawyer?

If I notify him about quitting the room, is he qualified for the 6 month the law prescribe...

I need tips on how to handle this situation...



My guy so na you?

You still dey on this your tenant issue ?

1 Like

Re: Our Tenant Hasn't Paid Rent Since 2018, What Can I Do? by Assetosky(m): 4:11pm On Mar 17, 2020
Very easy. Take red and black piece of cloth, tie it on a rubber dull, paint it with cow or chicken blood and hang it on top the room entrance when they are sleeping at night. Come and thank me later ����

2 Likes

Re: Our Tenant Hasn't Paid Rent Since 2018, What Can I Do? by bejick(m): 4:15pm On Mar 17, 2020
Leezah:
If this eventually happen report him to the NBA in your location.
you wont even know just that there will be slow movement and he will be telling to take things easy while collecting money from both parties. e dey happen wella

2 Likes

Re: Our Tenant Hasn't Paid Rent Since 2018, What Can I Do? by Leezah(f): 4:16pm On Mar 17, 2020
What Is A “Month-To-Month” Tenancy?
A month-to-month tenancy is when you pay rent each month, but there’s no agreed time period or limit for how long you’re going to stay there.

You haven’t agreed to rent the place for a year, or for six months, or for three months. The landlord hasn’t agreed to guarantee that you can stay there for a year, or six months, or three months.

Instead, you’ve both agreed only to rent the place one month at a time and pay the monthly rent as you go.

The month-to-month agreement can be verbal or in writing. Most of the time, though, month-to-month arrangements are not written down.

The most important feature of a month-to-month tenancy is that it can be ended at any time, for any reason, by either side. The only requirement is that the person who wants to end the arrangement must give proper legal notice ahead of time to the other side.

How Much Time Is Required For “Proper Legal Notice Ahead of Time”?
In short words, “until the end of next month’s rent.”

Nigeria Tenancy Agreement says that the required advance notice is “one full rent period.” A “full rent period” is the entire time between one rent due date and the next rent due date.

So there are two significant time elements:

The notice must arrive before the start of the next rent period (that is, before the next rent payment is due); and
The notice must take effect after the end of the next rent period.
Is This The Same As A “30 Day Notice”? top
No! In most cases a plain “30 day notice” will not meet the legal requirements.

For example, suppose your rent is due on the 1st of the month. Your landlord sends you a notice on the 20th, which says you have to be out by the 20th of the next month.

This notice does arrive before the next rent due date, so it meets the first time element.

But this notice takes effect too early. It doesn’t give you all of the next "full rent period." You get only part of the next "full rent period." So it doesn’t meet the second time element.

So be careful. Most of the time a 30 day notice is NOT valid. A 30 day notice would be valid only if it happened to be delivered exactly on the day before the next rent day, and if the next rent month was 30 days long and not 31 days long.

Does the Notice have to be in writing?
Yes, absolutely. NTL specifies that the notice must be in writing. If it is not in writing, it is not legally binding.

Verbally telling the landlord that you want to move is not legally adequate. The landlord could hold you to another month of rent even if you actually moved out.
The landlord verbally telling you that you have to move out is not legally adequate. The notice must be in writing, and it must give "one full rental period" of notification.
Does this ‘proper legal notice’ requirement apply if one side has broken the rental agreement? top
No. If one side has violated the rental agreement, then the other side is no longer obligated to send “proper legal notice” The side that breaks the agreement loses the protection of the notice requirement.

Suppose the landlord did not provide a functioning source of heat in the winter. This violates his legal duty as a landlord to provide a safe and habitable place to live. The tenant can move without giving the normal advance notice. The landlord does not get the protection of the advance notice requirement if the landlord broke the rental agreement.

Suppose the tenant did not pay rent. The landlord can go directly to court for eviction. West Virginia law does not require this landlord to send advance notice. The tenant does not get the protection of advance notice if he broke the rental agreement.

What is the Advantage of a Month-To-Month Tenancy?
Flexibility. Neither the tenant nor the landlord is locked into any time period beyond a month. Either one can end the arrangement, at any time, for any reason. The only requirement is to give "one full rental period" of advance notice.

If the tenant decides she doesn’t like the color of the paint she can move out after she gives proper legal notice ahead of time.

If the landlord decides he wants to rent the place to his cousin, he can evict the current tenant simply by giving proper legal notice ahead of time.

What is the Disadvantage of a Month-To-Month Tenancy?
Very little Protection. Neither side has any guarantee of more than one month at a time. The landlord has no promise that the tenant will stay more than one or two months. The tenant has no promise that the landlord will let him stay there more than one or two months.

Suppose John pays the rent every month exactly on time, fixes up the place, and is a terrific tenant. But the landlord decides he wants to rent the house to his cousin who is moving home from Ohio. Once the landlord sends a proper legal notice ahead of time, John’s going to have to move.
Doyin2:


Oga you do not need a lawyer to give tenant quit notice.

Not using a lawyer does not invalidate your quit notice.

Even if you use a lawyer,he can only write the letter on your behalf,not directly,because he does not have the power.

A lawyer is there for professional legal advice and defense in court.


Re: Our Tenant Hasn't Paid Rent Since 2018, What Can I Do? by delzbaba(m): 4:20pm On Mar 17, 2020
Self help is the way for stubborn tenant,abi you no dey watch nollywood films?

2 Likes

Re: Our Tenant Hasn't Paid Rent Since 2018, What Can I Do? by Leezah(f): 4:21pm On Mar 17, 2020
I am not speaking from hear say, NBA would raise a disciplinary panel.
bejick:

you wont even know just that there will be slow movement and he will be telling to take things easy while collecting money from both parties. e dey happen wella
Once this is said by him tell to his face that you will report to NBA, the fear that he would loose his license alone will make him retrace his steps

2 Likes

Re: Our Tenant Hasn't Paid Rent Since 2018, What Can I Do? by Leezah(f): 4:22pm On Mar 17, 2020
delzbaba:
Self help is the way for stubborn tenant,abi you no dey watch nollywood films?
Do not resort to this, you will ONLY REGRET IT.

1 Like

Re: Our Tenant Hasn't Paid Rent Since 2018, What Can I Do? by Nobody: 4:23pm On Mar 17, 2020
BluntTheApostle:


The law does not delay when it comes to civil matters such as debts.

Let him follow the proper procedures.

That's true
Re: Our Tenant Hasn't Paid Rent Since 2018, What Can I Do? by harleybee(f): 4:26pm On Mar 17, 2020
Leezah:
Drop your email we pick it from there

Please can I also send a message?
I have a similar case though in alakuko
Thanks.
Re: Our Tenant Hasn't Paid Rent Since 2018, What Can I Do? by mfm04622: 4:27pm On Mar 17, 2020
Starboytwo:
forgive my naivety, I have never engaged a lawyer before? So I don't even know where to begin. Do I look for a property lawyer or any lawyer at all?

Also, if I walk into the office of one? Do I pay for the service, i.e would the lawyer demand money(I mean I'm I suppose to pay etc)

I've never conversed with a lawyer before, nor do I know how they operate...

look for a property lawyer!
Re: Our Tenant Hasn't Paid Rent Since 2018, What Can I Do? by Leezah(f): 4:27pm On Mar 17, 2020
DROP YOUR MAIL
harleybee:


Please can I also send a message?
I have a similar case though in alakuko
Thanks.
Re: Our Tenant Hasn't Paid Rent Since 2018, What Can I Do? by mfm04622: 4:27pm On Mar 17, 2020
delzbaba:
Self help is the way for stubborn tenant,abi you no dey watch nollywood films?

This is the wrongest advice! Do not use self help!
Re: Our Tenant Hasn't Paid Rent Since 2018, What Can I Do? by janejive(f): 4:41pm On Mar 17, 2020
Give everyone in the compound quit notice and start afresh. The tenants owing you rent think u can do nothing, hence the gang up. Get the services of a lawyer to make it professiinal.

1 Like

Re: Our Tenant Hasn't Paid Rent Since 2018, What Can I Do? by harleybee(f): 4:42pm On Mar 17, 2020
Leezah:
DROP YOUR MAIL

I've done that.
Kindly respond
Thanks
Re: Our Tenant Hasn't Paid Rent Since 2018, What Can I Do? by Nobody: 4:43pm On Mar 17, 2020
Imarnuel08:
Disconnect their light and water for "repairs".
Then remove the roof for "renovation"

Sharp guy.

No time.
Re: Our Tenant Hasn't Paid Rent Since 2018, What Can I Do? by Kenneth10110(m): 4:49pm On Mar 17, 2020
Imarnuel08:
Disconnect their light and water for "repairs".
Then remove the roof for "renovation"


Won't he be in trouble for this?
Re: Our Tenant Hasn't Paid Rent Since 2018, What Can I Do? by Kenneth10110(m): 4:52pm On Mar 17, 2020
naheem8307:
Give him more time


You are probably a tenant
Re: Our Tenant Hasn't Paid Rent Since 2018, What Can I Do? by Nobody: 4:55pm On Mar 17, 2020
Kaeboy:
as in ehn, if my rent due for just 2weeks I won't be able to sleep

God sees every heart.

Not boasting.

I have never owed rent for 24hours.

When you advise tenants to keep their hands straight, they start proving they are smart.

They are inviting poverty.

3 Likes

Re: Our Tenant Hasn't Paid Rent Since 2018, What Can I Do? by Legendguru: 4:55pm On Mar 17, 2020
it is well
Re: Our Tenant Hasn't Paid Rent Since 2018, What Can I Do? by Dollabiz: 5:00pm On Mar 17, 2020
it is well

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