yongLord:
Don't know if this is the right thread but I hope it gets to the right audience. Pardon my English. I'll try to make it brief

A very close friend just got an apartment and moved in late December, the house was gotten through the sister (to the owner) who monitored the construction of the house. The house hasn't been registered with the electricity company and water isn't running as at the time he paid (190k + 40k (commission &agreement)) the water.

On Saturday, he said the owner came and the wife attended to them outside as they were discussing some other things about the house while he was praying inside. Before she left she even played with his children and gave them #200 also took their picture.

Fast forward to Monday, he got a call from the husband to the sister saying all sought of abusive words to him claiming the owner of the house wasn't attended to properly, they were supposed to let her in even without the consent of the husband since she's the owner of the house, therefore they should move out at month end. The wife called the owner of the house and she said the same thing then the another of their brother called again saying the same thing. They claimed that their remaining change will be refunded.

The question now is, should he stand on collecting all of the money or the balance as they said?

litaninja:
Go to the office of the public defender in lagos. And no, contrary to what many people believe for some reason, no court will allow you live there rent-free. What the court may allow you do is have enough of a notice period to find another place and you pay the rent of the notice period.

BlueRayDick:


Let me tell u a story.

I have know of a friend who came about some money, built an apartment and asked his mum to pack-in 2hile he was out of the country. His mum believed the location to be too far from town where things are happening so she allowed her cousin who had housing issue to stay there in the interim.

The interim turned years and when the needed the house the mum's cousin wasn't ready to vacate the premises. In fact they refused bluntly despite entreaties and the guy felt they were ready to go fetsih on him.

He instituted a case against them and they claimed they were occupying the premises as a rent-paying tenant.

The court held that since there was no tenancy agreement or receipt to show they paid rent at any time they were occupying the premises illegally.

The cousin cited some instances he helped the mother with cash but the judge was having none of that since it can't be proven the cash was for rent. Now this is where I want u to focus Having access to the property and having sent cash to the person within the period u occupy the premises does not equate to the fact that u paid rent ó.

do4luv14:




your example is that of a family issues, it does not correlate to the issue on ground, in the sense that indeed money exchange hands before the tenant, so it does not correlate,

a sound property lawyer will take the landlord to the cleaner in this OP case,

Jaylord12:


Imagine your thought....why will
Nigeria not get worse when she has sons/daughters like you

BlueRayDick:
That is what happens when you rent a house without getting receipt, signing agreement and have everything fully documented.

If the tenant had the above listed boxes checked, then he could've easily called their bluff, demand for at least 6 months quit notice before which they can legally eject him out of the premises.

As it stands let him collect his change and move out of the house..... He can take with him whatever improvement he must have done to the house like wallpaper, kitchen zinc, WC etc.

do4luv14:




your example is that of a family issues, it does not correlate to the issue on ground, in the sense that indeed money exchange hands before the tenant, so it does not correlate,

a sound property lawyer will take the landlord to the cleaner in this OP case,

BlueRayDick:


Okay. Goodluck to the op and his sound lawyer

femijay8271:


Pls boss, I wanna ask u this, what if am having 6months before my rent due and the landlord said na dat 6months am to use and then park out without giving me extra 6months since am paying annually, pls what am I suppose to do in this situation?

OlujobaSamuel:

Leave them oo, some are even saying he is to get 6months free, i wonder the law they are quoting.
People don't know that there is nothing like verbal agreement in respect to property, you have to get a receipt and an agreement that states the scope of what you are paying for

OlujobaSamuel:

If you have 6months left and he gives you the notice which also elapsed at that 6th month date your rent is due, he need not give you any extra 6month, if the 6month is beyond your due date, he is entitled to get the balance, if it's less, you get the refund of the month difference

femijay8271:


Pls boss, I wanna ask u this, what if am having 6months before my rent due and the landlord said na dat 6months am to use and then park out without giving me extra 6months since am paying annually, pls what am I suppose to do in this situation?

litaninja:
Chief, If you pay annually, the 6 months is your expected notice period. Notice period is supposed to be half of the rent time you paid if i remember correctly.
The notice period doesn't necessarily have to be after your rent term, so If you pay for one year in january, your landlord can notify you in june that he'd like you to move out by end of december. That is a 6-month notice period, which is in line with your agreement, you just need to find a new place.

Thanks boss

gistmega:
Many years ago, I had the same issue with my Landlady. She refunded every damn cent that I gave to her. So, I will advise you to stand your ground. As long as you have that tenancy agreement, stay there! Demand even the cash paid to the agent. If an agent got you the house, the information should come through them. Stop calling A and B.

In most cases, the court will ask you to stay for free until you find an alternative home. When you go to court carry all the (distress- the emotional trauma, the miscellaneous expenses) documents. Start now to gather all your court papers.

Should you agree to move, demand for the cost of transporting your goods to another location etc. A rich Landlord will easily refund your cash and additional costs if they truly need to live there.

To be honest, if you go to court, you will live rent free for a long time. Just get a good lawyer.

LandOwners:


Advice like this just makes me laugh so hard.
Just Imagine !!!
Lol