post=109492788:
Your tenancy carries on until you leave voluntarily or you are evicted by the court.

Wrong. The Landlord or his Agent can evict a running tenant for various reasons. If he has any money left in unused rent, then the Landlord has to pay him.

backbencher:


Where to start

1. You rented shop and you were not using it

2. You then turned to junior landlord and rented out the same shop that you were renting

3. No wonder the landlord chased you out

4. Anyway, did you sign a written rental agreement with the landlord?
Did the agreement allow you to do what you have been doing IE rent out the shop that you are renting?
If it didn't,no wonder.
Also did the agreement state that the landlord could adjust the terms of the agreement if ' situations changed'?

U said it all and he must have rented it at a higher price

Comedian2019:
Did you sign an agreement? Was there a clause empowering the property owner to increase rent or change terms before your payment expires?
If there's no such clause, then the eviction notice is trash. Until your rent expires, only the court can evict you.
Eviction notice can be challenged in the court. So, call your lawyer.

The Landlord has the right to evict him on various grounds under the Law. So get your facts right and stop confusing him.

ogaga4u2:
You rented a shop but you are not using it then you rented the same shop ro another person. You are renting another person's house to somebody else? Did you follow him to build the house Oga?
Did you discuss with the landlord before renting the house to somebody else? If "no" is your answer to the above questions, he has every right to give you quit notice.

I think that is the crux of the matter.

The landlord is right, an eviction notice is issued to the tenant before your tenancy fee expires at least 3months.

Digmygold:


The Landlord has the right to evict him on various grounds under the Law. So get your facts right and stop confusing him.

On what grounds pls?

Tutu82:


Sadly it is private so the landlord is Being silly.

Also by subletting his shop you are in breach of contract as that is not your property to give out.
I had to laugh at “no more twisting of rent.Anybody that did not come with one year rent will not be accepted”. Most Lawyers these days cannot word a simple letter and i weep for our educational system.

By law you do not need to leave till the expiration of your rent in January 2023 neither does the increment concern you as you have paid.
Allow them take the matter to court and it will take forever and you can still use the place while that is going on but If you love peace of mind, you could discuss a refund with the attorney,am sure you can find another place as your progress isn’t tied to that particular shop.

Good luck for the future.

That is bullying because no reason for the quit notice. There is an issue between the two which the OP is not revealing.
The guy is also stubborn. He just squeezed the letter and dumbed it somewhere. Probably based on advice he decided to retrieve it.

tonyson010:


That is bullying because no reason for the quit notice. There is an issue between the two which the OP is not revealing.
The guy is also stubborn. He just squeezed the letter and dumbed it somewhere. Probably based on advice he decided to retrieve it.

I do hear you tonyson010 but, We cannot tell if there are underlining issues as there are stubborn Landlords and Tenants.
Everyone is just trying to survive by any means necessary.I have properties and my tenants drive me crazy…Anyway i digress,once we all know our rights,we will be sort of okay.

Subletting your shop to another person was totally wrong. If you signed any form of agreement with him not to do so, trust me if he takes that agreement to court, you'll be in soup.

As for the quit notice thing, you can only move when you rent expires, if you move before then, he'll have to refund your balance to you.

Both of you are at fault tbh.

And I really don't know why Landlords collect 2years rent. 1 year is enough. That 2 years just dey long and unnecessary.

@Alvanbenjamin

Repost the receipt with the amount paid so we can look at it and compare to the 13k amount per month the rent was increased to. Redflag you erazing that part. Everything written below is based on the assumption that you paid in full.

For a one year or above rent tenure, you should be given 6 months prior notice in case you were being pushed out. If you are owing, you only have 7 days notice.

For rent increase, three months prior notice is also the norm.

However, the rent increase has no effect on you whatsoever as you had paid in full. You can only be affected by it by your 2023 date. The landlord simply wanted to raise rates two months after your 2021 payment and felt coercing you was the way to it. They then decided on evicting you but a lawyer would know that the one month notice is illegal.

The so called court order looks fake. By the way, that is not what a judgment order looks like. If you noticed, it was from your landlord's lawyer to you and not from the judge to you.

In a proper court case, you would have been invited to court by the bailiff with service notices which you would have signed (even if you reject to sign, as long as the bailiff lays eyes on you or pasted the notice on your shop door, it is as good as signed) which he would have presented to court on the appearance dates even if you refused to appear while the case goes on.

If you never heard of any court case before the so called court order, most likely, it was forged and that is certainly not a court judgment from a judge. The 'lawyer' there might end up in trouble.

The way forward would be to visit the court premises and confirm if anything like that exists in their records. Try to present photocopies just in case the lawyer has an insider working with him so your evidence does not get destroyed. Ask for the court registrar and confirm.

Trying to wring the lawyer to not disturb you by telling him he should leave you alone at a threat of revealing he is a fraud might not be safe for you as that has been the tactic he has been feeding with for many years. You knowing
will never make his mind at rest. Just saying.

Simply approach the police or local high court's law Bar office asking for the president with your evidence once the court confirms the fake papers.

Also, you still have to deal with your landlord. He might as well be included if it is found that he was in cohorts with the lawyer to perpetrate fraud. At this point, you are simply just letting the law take its course and things might get messy.

It is up to you how far you wish to go with this but that's the facts for you. The decision making afterwards are yours to make.


You simply want to finish your stay in peace. Never lose focus of that. Take a peaceful solution once they present it and have witnesses when it is agreed and documented with copies. Get evidence of the resolution.

Wishing you well - Teemy

tonyson010:


That is bullying because no reason for the quit notice. There is an issue between the two which the OP is not revealing.
The guy is also stubborn. He just squeezed the letter and dumbed it somewhere. Probably based on advice he decided to retrieve it.

I agree. He is probably one of those Troublemaking tenants who do not respect their Landlords. If this one rent house from a woman, he fit beat am one day when she asks for her money.

But the landlord too get him wahala sha. Seems to be a greedy pig. 2years rent.

Dear Landlords on this Forum, thatAgreement form is very important! Always list your dos and don'ts please and have them go through it before they even pay their rent.

Please don't mind those quasi/half backed lawyers up there. No one can evict you before the expiration of your rent. Just go to court on the day of hearing and present your rent receipt before the court.
Contact your lawyer or you can reach me if you don't have one...

1. You act is dubious as well, why would you turn junior landlord in someone's else property? That's the behavior of some of your people here in Lagos. After renting a shop, they will keep it and give it to another person at another alarming price.

2. This act is particularly common among the ibos in the name of "it is business". It's one of the reasons many shops are expensive in Lagos Market Today.

3. Imagine act like bring 2.5m, let me sell the shop to you so that you can start paying the landlord the exact figure directly. Does that make any sense to you people?

4. You are the reason the landlord increase the tenancy fee and there is nothing you can do about it.

5. When you don't need the shop, why did you rent it?

6. If you want to earn from properties, build yours.

7. Landlord gave you 8k per month, I am sure the landlord had been told everything you collected from the tenant of yours before taking the money to 13k.

Oga comot from here. You went ahead and sublet someone's property, I believe without their knowledge. Africa's and victim mentality.

Alvanbenjamin:
Good morning everyone.
Please I had a shop I was making use of till I gained admission 8nto the university and still paid for the shop without use for over 2 years...
After the pandemic in 2020, I decided to rent the shop out cause I was seriously affected and was already in my final year... I paid two years rent for the shop, running from February 2021to January 2023. Then I got a letter about rent increase, few months it was followed by the court order...

Please is this right? What should I do ?
The first picture is the receipt I was issued after payment, the 2nd is the increase letter and then the one sent from the court.

Just go and look for a good lawyer that will accept sharing compensation with you. There no where in Nigeria you increase rent on already paid rent. It's not done anywhere! Relax yourself until you see that useless court order then you take it up from there. Just make sure your receipts are well protected. They don't have a case. If they want you to leave make sure you collect double the amount as compensation or they should allow you complete your rent.

Paid 2yrs rent, given quit notice at the tenth month, the landlord should give you 6months notice, then return the outstanding balance of 8months to you upfront or when you quit depending on agreement.
There is nothing like quit notice can only be served upon expiration of rent, it can be served even the next day after moving in.
The landlord might be angry that you sublet the property (99% of landlord go vex), and the person you give am to fit dey even form boss for the landlord, dey do so many things the landlord isn't comfortable with, or discovered that you collected very high sum compared to what you paid him

Rogerss:


The letter said at the expiration of your rent.
Your rent expires in 2023.
He cannot throw you out.
Look for a rent tribunal if he does.
The Lawyer is a charge and bail one.
He is expected to give a quit notice at the expiration of your rent assuming you are not renewing which you have 6 months to come to an agreement with.
He however brought that the notice before expiration of the rent which is not the law, hence charge and bail.

Quit notice can be served before expiration of rent, this gives landlords enough time for the time needed, since your rent expires in 2023, him knowing you paid upfront, he’s also doing his part upfront so you don’t come with stories of not being given enough time.

The problem here is the subletting you did, you will loose if you try to be stubborn. You are not allowed to sublet a landlords property wether theirs an agreement or not.

Digmygold:


Wrong. The Landlord or his Agent can evict a running tenant for various reasons. If he has any money left in unused rent, then the Landlord has to pay him.

Me too surprise ooo, quit notice can be issued at anytime, refund can only be made if there is still time left on the tenancy contract.

Alvanbenjamin:
Good morning everyone.
Please I had a shop I was making use of till I gained admission 8nto the university and still paid for the shop without use for over 2 years...
After the pandemic in 2020, I decided to rent the shop out cause I was seriously affected and was already in my final year... I paid two years rent for the shop, running from February 2021to January 2023. Then I got a letter about rent increase, few months it was followed by the court order...

Please is this right? What should I do ?
The first picture is the receipt I was issued after payment, the 2nd is the increase letter and then the one sent from the court.

I asked I to leave my property because you are always smoking and causing nuisance and u came here to defame me

backbencher:


Where to start

1. You rented shop and you were not using it

2. You then turned to junior landlord and rented out the same shop that you were renting

3. No wonder the landlord chased you out

4. Anyway, did you sign a written rental agreement with the landlord?
Did the agreement allow you to do what you have been doing IE rent out the shop that you are renting?
If it didn't,no wonder.
Also did the agreement state that the landlord could adjust the terms of the agreement if ' situations changed'?

a room can be sublet by a tenants provided its within the period of it's due date....

Oyiboman69:
a room can be sublet by a tenants provided its within the period of it's due date....

It depends on what the agreement between the landlord and the tenant stated

I suspect that subletting wasn't in the agreement

backbencher:


Where to start

1. You rented shop and you were not using it

2. You then turned to junior landlord and rented out the same shop that you were renting

3. No wonder the landlord chased you out

4. Anyway, did you sign a written rental agreement with the landlord?
Did the agreement allow you to do what you have been doing IE rent out the shop that you are renting?
If it didn't,no wonder.
Also did the agreement state that the landlord could adjust the terms of the agreement if ' situations changed'?

The landlord can review his or her rent prior to the expiration of a tenancy but such review will take effect after the expiration of the tenant's agreement.

I totally agree with your other submissions

In addition @,Op

Am not familiar with the tenancy rules in your state however as stated in your rent review you are a monthly tenant but your rent is to expire in 2023.

Put your mind at rest your new rent will only take effect after the expiration of your old rent because am very sure both of you and the landlord don't have an agreement.

Same also applies to you vacating the shop.

Also that's not a court order but a suit was filed against you which doesn't even have an NBA stamp nor carries your name so I can really say much about that cos I don't know the rules of your state.

If the suit is actually instituted has claimed by the landlords attorney because I could see it was filed the judge will still give you time to quit the house.

Lastly you caused all this to yourself and next time don't sublet a property to another person without the consent of the landlord.

Above all start looking for another place because the landlord actually wants yiu to quit hence the rent review followed by the quit notice

ogaga4u2:
You rented a shop but you are not using it then you rented the same shop ro another person. You are renting another person's house to somebody else? Did you follow him to build the house Oga?
Did you discuss with the landlord before renting the house to somebody else? If "no" is your answer to the above questions, he has every right to give you quit notice.

it is within the context of the law... surpose you rented a property for ten years, and you're not making use of the said property, do one have to luck up the place till his rent expires?.

I have seen a case like these and the tenant rented the apartment due to his long term expiration date and the least the owner could do is Wait till the duration date and I guess that's where the word 'sublet' came in,and at this juncture, the op is going nowhere....

Astoria:
Firstly to the FTC guy, did you comment without tentatively viewing the attached images particularly the first one?

A receipt was issued through February 2021 to January 2023 and on the second image a notice of rent increase for April 2021 (just 2 months after receiving a 2 years rent from a tenant)? And again, a quit notice issued in November 2021 after receiving and acknowledging 2years rent 10 months earlier. Besides not making sense legally, it is evidently inadmissible in any court and also senseless to any discerning mind. No increment can be effected on the affected property until such a time when the first contract has been exhausted, there no rent review on an existing contract period. On the Quit notice, this can stand but subject to the following:

1. If the tenant pays his/her rent monthly then you can effectively give a month's notice for vacation of premises otherwise in this case (bi-anually) a 6 month's notice to say the least is required.

2. If there's a tenable dispute leading to the issuance of the notice and same dispute is irreconcilable, full refund should be made to the tenant such that will enable him/her move out, however moving out is dependent on whether rent is refunded before and not after.

OP, you are free to seek redress in any court or same magistrare court armed with the above arguments and attached proofs, I am sure the same magistrate penalize the same greedy dunderheads. Anything short of that is unlawful and wicked.

NOTE: MY OPINION ABOVE IS SHAPED BY THE DOCUMENTS AND DATES AS PRESENTED. THERE IS NO EVIDENCE OF THE OP RENTING OUT THE AFOREMENTIONED PROPERTY (YET), ALSO THE PERIOD OF RENT PAYMENT, INCREAMENT AS WELL AS QUIT NOTICE FALLS WITHIN THE PERIOD OF THE COVID 19 SCOURGE WITH INCREAMENT COMING JUST A MONTH AFTER.

the most reasonable statement...

Alvanbenjamin:
Good morning everyone.
Please I had a shop I was making use of till I gained admission 8nto the university and still paid for the shop without use for over 2 years...
After the pandemic in 2020, I decided to rent the shop out cause I was seriously affected and was already in my final year... I paid two years rent for the shop, running from February 2021to January 2023. Then I got a letter about rent increase, few months it was followed by the court order...

Please is this right? What should I do ?
The first picture is the receipt I was issued after payment, the 2nd is the increase letter and then the one sent from the court.

Get a lawyer, the odds are in your favour

Alvanbenjamin:
Good morning everyone.
Please I had a shop I was making use of till I gained admission 8nto the university and still paid for the shop without use for over 2 years...
After the pandemic in 2020, I decided to rent the shop out cause I was seriously affected and was already in my final year... I paid two years rent for the shop, running from February 2021to January 2023. Then I got a letter about rent increase, few months it was followed by the court order...

Please is this right? What should I do ?
The first picture is the receipt I was issued after payment, the 2nd is the increase letter and then the one sent from the court.

don't bother yourself with the futility of that notice...your rent is still running and the least he and his roadside lawyer can do is to serve you a court paper which I know they won't.
Just ignore them,or let them come with a refund of the remaining month,and that is if you're convenient with receiving the money.

Besides, they know taking you to court will give you much time till the case is settled, they won't embark on such journey, its just a threat and like I said, ignore them until you're invited in a competent court of law.

However, you subletting the store is not a problem cos you're still in the context of the law...

backbencher:


It depends on what the agreement between the landlord and the tenant stated

I suspect that subletting wasn't in the agreement

it doesn't have to be in the agreement but it will be explained to both party in the context of the law....

How can reasonable person make that visible in his written agreement with his tenant?, its not a wise thing to and if that's the case,he also did not state it in his agreement so its a win win for the op

OlujobaSamuel:

Me too surprise ooo, quit notice can be issued at anytime, refund can only be made if there is still time left on the tenancy contract.

God add more wisdom to your knowledge