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My Tenant Has Refused To Pack Out For Over A Year Now, Help Please! - Properties (7) - Nairaland

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Re: My Tenant Has Refused To Pack Out For Over A Year Now, Help Please! by Abudu2000(m): 4:46pm On Dec 10, 2020
SpicyMimi:

Lol don’t try it! They will sue you for loss of properties and damages, e go shock you!
leave those illiterates to be swaying and deceiving the op. The same them will abadon app when it goes from bad to worse. I remember my face me i slap u days. I simply left my load inside the two rooms locked it and left threw away my sim. After 6months i put my sim back and old man called me crying, he knew i had the money but didn't want to pay for all the treatments they gave me in that house. I don't blame some tenant ls that refuse to pay most of them are simply angry. How hard can it be to be nice to a tenant or before u became a landlord were u not once a tenant?
Re: My Tenant Has Refused To Pack Out For Over A Year Now, Help Please! by Abudu2000(m): 4:54pm On Dec 10, 2020
Etuglucy:
Read well. I didt go to a judge in a magistrste court. A judge advice me to go and lay my compliant in a magistrate court.

So sad high percentage of the so called proffessionals are thieves who take advantage of peoples ignorance to cheat them. I spent 20k fot every of his so called adjourned meeting. The judge gave me the best of advice told me tenant and landlord case is not as difficult as most lawyers make us to believe. I was directed to a magistrate court Submitted all the necessary documents and as I speak to u know the case is almost done.
I repeat I didt do anything outside the box. Followed all the processes.
The only part I was asked if I have a lawyer to represent me and I told them no.


there u go! Hahahaha and those documents included thr house documents which must include a C of O and house plans right? I can bet my two balls the op don't have any of those coz he himself has been breaking the law since his birth lmao.

1 Like

Re: My Tenant Has Refused To Pack Out For Over A Year Now, Help Please! by johnpablo541(m): 5:05pm On Dec 10, 2020
richidinho:
Please nairalanders i need your help here, A cooperative bank is occupying one of my shops but had the particular branch closed for over a year now.

I have been calling the CEO to come and open the shop for me i dont even need the more than a year's rent again.

What should i do please?

Did you breach any agreement you had with the tenants by failing to provide anything you promised to provide while his rent was not expired?

There was a case in a compound i lived in the past, our landlord increased our rent and he promised to fix tiles in the rooms and do some little renovations.

He renovated for few tenants and didn't renovate or put tiles for other tenants despite collection the new rent. Some of the tenants felt cheated and decided to deal with him. They refused to move out when their rents were due.

The compound uses a prepaid meter and the landlord recharges 35k monthly for the electricity bills, when the aggrieved tenants refused to pay their rents after it expired the landlord stopped buying the 35k monthly light token. This made the remaining tenants that were paying their rents to be angry.

The compound is being managed by a lawyer who happens to be the secretary of the NBA of that local govt chapter. The lawyer couldn't do much cos we kept reminding him that he and my former landlord we he represents were at fault.

People ended up staying a year or two free. Some of us paid but deducted what we paid to recharge the prepaid meter before giving him the little that was left.

I told him that i don't owe rents because we also have tenants back in my home state. But no landlord will cheat me of my money. Worst case is i deduct what you owe or cost of service you are supposed to render from the next rent i am to pay.
Re: My Tenant Has Refused To Pack Out For Over A Year Now, Help Please! by Phrankin(m): 5:33pm On Dec 10, 2020
JoeEeL:


All the hustle wey you don dey double since how many years?

Where u dey today?

Dey wine yourself.
E pain am. Confam.
Re: My Tenant Has Refused To Pack Out For Over A Year Now, Help Please! by DedeNkem: 5:46pm On Dec 10, 2020
Contact a lawyer for a legal advice!!! Don't take laws into your hand by kicking the tenant out without a legal backing.
Re: My Tenant Has Refused To Pack Out For Over A Year Now, Help Please! by Fabian02: 5:50pm On Dec 10, 2020
Please do not try to take the laws into your hands by evicting the tenant forcefully, the tenant might in the future claim damages in court for forceful ejection and stolen properties.
You can evict the tenant only by a court order and to do so you have to issue the required statutory notices and proceed to court for eviction. Please refer to the tenancy laws of your location (normally sold in the courts within your jurisdiction) if you want to represent yourself in court, or issue a power of attorney or a letter of authorization to a lawyer to evict the tenant on your behalf.(legal fees applies in this case)
Cheers and happy eviction.[color=#990000][/color]
Re: My Tenant Has Refused To Pack Out For Over A Year Now, Help Please! by Bonjovi13: 6:19pm On Dec 10, 2020
Chudivictor:

Good day distinguished. How long does it take to get a verdict from the court/judge?

It depends on the nature of the case and other factors too numerous to mention.
Unfortunately in Nigeria because of the humongous caseload a single judge has on his docket it takes time for cases to be dispatched averagely 2years but tenancy cases are quite easy to handle especially if a lawyer that knows his onions was involved in managing the tenants from beginning
Re: My Tenant Has Refused To Pack Out For Over A Year Now, Help Please! by richidinho(m): 6:41pm On Dec 10, 2020
johnpablo541:


Did you breach any agreement you had with the tenants by failing to provide anything you promised to provide while his rent was not expired?

There was a case in a compound i lived in the past, our landlord increased our rent and he promised to fix tiles in the rooms and do some little renovations.

He renovated for few tenants and didn't renovate or put tiles for other tenants despite collection the new rent. Some of the tenants felt cheated and decided to deal with him. They refused to move out when their rents were due.

The compound uses a prepaid meter and the landlord recharges 35k monthly for the electricity bills, when the aggrieved tenants refused to pay their rents after it expired the landlord stopped buying the 35k monthly light token. This made the remaining tenants that were paying their rents to be angry.

The compound is being managed by a lawyer who happens to be the secretary of the NBA of that local govt chapter. The lawyer couldn't do much cos we kept reminding him that he and my former landlord we he represents were at fault.

People ended up staying a year or two free. Some of us paid but deducted what we paid to recharge the prepaid meter before giving him the little that was left.

I told him that i don't owe rents because we also have tenants back in my home state. But no landlord will cheat me of my money. Worst case is i deduct what you owe or cost of service you are supposed to render from the next rent i am to pay.


I did not ooo, infact the only we had was that by the time he wil be living the property be returned to its original state, because he close up so many space in order to fix his safe
Re: My Tenant Has Refused To Pack Out For Over A Year Now, Help Please! by Bonjovi13: 7:00pm On Dec 10, 2020
Etuglucy:
Read well. I didt go to a judge in a magistrste court. A judge advice me to go and lay my compliant in a magistrate court.

So sad high percentage of the so called proffessionals are thieves who take advantage of peoples ignorance to cheat them. I spent 20k fot every of his so called adjourned meeting. The judge gave me the best of advice told me tenant and landlord case is not as difficult as most lawyers make us to believe. I was directed to a magistrate court Submitted all the necessary documents and as I speak to u know the case is almost done.
I repeat I didt do anything outside the box. Followed all the processes.
The only part I was asked if I have a lawyer to represent me and I told them no.



Chairman you are perpetrating an illegal case.
The law is that only an officer of the court can institute an action in court in Nigeria.
For a case to be properly instituted you must file an action and the motion,writ or originating processes must have a lawyer's seal.
Did your case have it? I am sure it did. But it was illegally procured.
Keep on being smart. It will backfire on you one day.
You will then realise the importance of lawyers.
Re: My Tenant Has Refused To Pack Out For Over A Year Now, Help Please! by Marisujuaku(f): 7:40pm On Dec 10, 2020
Get a court injunction and report to the nearest police station, so they'll mobilize armed policemen to accompany you to the said property. that's if u want to remove their property from the apartment. Please, don't use thugs, don't do it on your own. involve the law enforcement agents to avoid stories that touches the heart.

1 Like

Re: My Tenant Has Refused To Pack Out For Over A Year Now, Help Please! by Nobody: 9:09pm On Dec 10, 2020
Abudu2000:
u are a very big liar lol. My uncle even with all his education plus stubbornness a former keggite back in his time couldn't evict a tenant for good 4years , he spent more than a million in court things got worse when the tenant brought a counter suit against him. Man u better waka jeje so u don't loose all u worked hard to build coz here in lagos housing laws Favours the tenant more. The country is in worse recession in history and u are trying to be inconsiderate, pray u no meet wicked ibo or benin tenant u will know how far

the tenant that tried it with my dad had to send top ibo landlords to come and beg for reduction of the rent accrued. don't take the judiciary for granted, my dad didnt even have to appear in court, it took a while with the court case but he got every dime back, maybe your uncle na all those people wey dey give person house without proper agreement. go anywhere in the world, rent first!!!!!!!!!!!!

1 Like

Re: My Tenant Has Refused To Pack Out For Over A Year Now, Help Please! by Abudu2000(m): 1:01am On Dec 11, 2020
Pandsho:


the tenant that tried it with my dad had to send top ibo landlords to come and beg for reduction of the rent accrued. don't take the judiciary for granted, my dad didnt even have to appear in court, it took a while with the court case but he got every dime back, maybe your uncle na all those people wey dey give person house without proper agreement. go anywhere in the world, rent first!!!!!!!!!!!!
why now mention the amount he spent during this so called judiciary process, offcourse you won't coz it was a loss to him afterall. Tenant/landlord issue never Favours the landlord on the long run man
Re: My Tenant Has Refused To Pack Out For Over A Year Now, Help Please! by Nobody: 6:07am On Dec 11, 2020
Abudu2000:
why now mention the amount he spent during this so called judiciary process, offcourse you won't coz it was a loss to him afterall. Tenant/landlord issue never Favours the landlord on the long run man

trust me, it was not a loss to him. because it took less than a year, 8 months to be precise and tenant paid for the 8 months. it was just 3 court sessions

1 Like

Re: My Tenant Has Refused To Pack Out For Over A Year Now, Help Please! by WAECMATHEMATICS: 6:33am On Dec 11, 2020
https://www.nairaland.com/5590755/tenant-refuses-vacate-apartment-after

Our tenant Mr Chigozie Okongwu James has refused to vacate our apartment for close to two years now!

He was given a quit notice since February 2019 at the Lagos Mediation Centre. His house rent had expired before he was given the quit notice.

Up till now, he has refused to leave the house! This December 2020!

Lagos State needs to do something about stubborn tenants like this man. This is one of the things causing crises in the society. When cases like this degenerate into violence, Lagos State would want to absolve itself from the crisis.

Lagos State needs to be more proactive to avoid breakdown of law and order.

1 Like

Re: My Tenant Has Refused To Pack Out For Over A Year Now, Help Please! by MrHeff(m): 7:13am On Dec 11, 2020
enilove:
Op , don't go to court . It might take like 6 years to get justice.

The Lagos state govt has set up a mediation centre where issues like this at resolved.
The agreement reached at the mediation centre is binding and quickly executed.

This was what I used against the Redeemed Church.

hello boss. Please how did you go about it? I am facing something similar and I don't know where to start from or what to do
Re: My Tenant Has Refused To Pack Out For Over A Year Now, Help Please! by Alvino1(m): 3:20pm On Dec 12, 2020
Chudivictor:

Good day distinguished. how long does it take for the court to "foreclose and pass judgement?
I am having same issue too.

A person is foreclosed when he fails to make appearance to do that which is required of him by law. For instance, after examining a witness in chief (when u as the claimant in a civil suit for instance examines your witness), the next thing is cross-examination (when the other party, a defendant examamines ur own witness) but in a circumstance where the defendants are not available to cross examine ur witness and have not shown reasons why they are not always available to do so, what ur lawyer would ordinary do is to foreclose them from further cross examining the witness so you can proceed with the matter coz the matter can't come to a stand still due to their negligence. The Court would ordinarily grant the order immediately except in a situation where the other party have been appearing but where for some reasons not available to cross examine your witness that particular day, in which case the Court will adjourn to another day to enable them do so. But if they have not been appearing the order will be granted. On the issue of time judgement will be delivered, it has a lot to so with the he skills of the lawyer involved, with regards to ensuring that shorter adjournment dates are given. However, whatever if the case lingers for a year and the said tenant is still in possession, be assured that he will certainly pay for the rent of the said period he has been in posession while the matter is pending before the Court. Sorry for the late response. I have be engaged. Pls feel free to ask any further question. Thank you
Re: My Tenant Has Refused To Pack Out For Over A Year Now, Help Please! by Chudivictor(m): 3:28pm On Dec 12, 2020
Alvino1:


A person is foreclosed when he fails to make appearance to do that which is required of him by law. For instance, after examining a witness in chief (when u as the claimant in a civil suit for instance examines your witness), the next thing is cross-examination (when the other party, a defendant examamines ur own witness) but in a circumstance where the defendants are not available to cross examine ur witness and have not shown reasons why they are not always available to do so, what ur lawyer would ordinary do is to foreclose them from further cross examining the witness so you can proceed with the matter coz the matter can't come to a stand still due to their negligence. The Court would ordinarily grant the order immediately except in a situation where the other party have been appearing but where for some reasons not available to cross examine your witness that particular day, in which case the Court will adjourn to another day to enable them do so. But if they have not been appearing the order will be granted. On the issue of time judgement will be delivered, it has a lot to so with the he skills of the lawyer involved, with regards to ensuring that shorter adjournment dates are given. However, whatever if the case lingers for a year and the said tenant is still in possession, be assured that he will certainly pay for the rent of the said period he has been in posession while the matter is pending before the Court. Sorry for the late response. I have be engaged. Pls feel free to ask any further question. Thank you
thank you for your response
Re: My Tenant Has Refused To Pack Out For Over A Year Now, Help Please! by Alvino1(m): 3:30pm On Dec 12, 2020
Chudivictor:

thank you for your response

God bless you sir

1 Like

Re: My Tenant Has Refused To Pack Out For Over A Year Now, Help Please! by mindtricks: 7:52am On Dec 15, 2020
twilliamx:


Have you served them a quit notice? Also maybe you might have to go to a mediation center so that they will invite them for a round table discussion, the outcome will help you decide if you go to court or not.
But make you serve them a quit notice and also make sure that they acknowledge a copy for you

Should they fail to acknowledge a copy in order to further frustrate you, what happens?
Re: My Tenant Has Refused To Pack Out For Over A Year Now, Help Please! by mindtricks: 8:00am On Dec 15, 2020
Etuglucy:
Please and please when it is about evicting ur tenant please and please don't use a lawyer. Most lawyers not all will use u and play ball. I just evicted someone 2 days ago this is the same person a lawyer collected almost 150k and was still asking me to pay more.
I wet straight to the judge and he adviced on what to do. Go to a magistrate court and tell them ur challenge and tell them u don't have a lawyer.
Please don't use a lawyer. I did that and within 2 hours they sent a representative to follow me to the house and issue a one week letter to the person. The judge told me most lawyers will get money from u and still meet the tenants to collect money.




Good to know.
Re: My Tenant Has Refused To Pack Out For Over A Year Now, Help Please! by twilliamx(m): 3:13pm On Dec 18, 2020
mindtricks:


Should they fail to acknowledge a copy in order to further frustrate you, what happens?
Paste it on their door and snap it as proof

1 Like

Re: My Tenant Has Refused To Pack Out For Over A Year Now, Help Please! by gassbee: 3:16pm On Dec 18, 2020
twilliamx:

Paste it on their door and snap it as proof
if d court bailiff and policemen go to d tenant's apartment with court order to evict d tenant and d meet d door locked, can they actually break in and carry his property to d court
Re: My Tenant Has Refused To Pack Out For Over A Year Now, Help Please! by twilliamx(m): 3:34am On Dec 19, 2020
gassbee:
if d court bailiff and policemen go to d tenant's apartment with court order to evict d tenant and d meet d door locked, can they actually break in and carry his property to d court

Yes they can but only after a judge has giving the go ahead to evict
Re: My Tenant Has Refused To Pack Out For Over A Year Now, Help Please! by twilliamx(m): 7:20pm On Dec 22, 2020
gassbee:
if d court bailiff and policemen go to d tenant's apartment with court order to evict d tenant and d meet d door locked, can they actually break in and carry his property to d court

Yes
Re: My Tenant Has Refused To Pack Out For Over A Year Now, Help Please! by twilliamx(m): 9:01am On Jul 18, 2021
gassbee:
if d court bailiff and policemen go to d tenant's apartment with court order to evict d tenant and d meet d door locked, can they actually break in and carry his property to d court

Yes

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