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PropertiesRe: My Tenant Refused To Park Out After His Rent Expired by Daboomb: 8:49pm On Dec 16, 2017
Lajet:
Don't mind him not only 6 months na 60 years because government gave landlord money to build his house
Ignorant people everywhere! grin grin

Point out the part of the tenancy law, that supports your opinion.
PropertiesRe: My Tenant Refused To Park Out After His Rent Expired by Daboomb: 8:48pm On Dec 16, 2017
obstead200:
Oga, even if u are a lawyer, u are still a damn liar!!!.
6 months notice do not apply to debtors.
If it does, pple will be moving house every year and enjoying months free.
In law, if that happens equity is dead.
Remember, equity is the foundation of contract law.
You are IGNORANT, Mr. man.
The law does not say you wont pay for the "NOTICE PERIOD", so the basis of your position is 'faulty".
Speak, nased on law and not on what "you think".
PropertiesRe: My Tenant Refused To Park Out After His Rent Expired by Daboomb: 8:46pm On Dec 16, 2017
obstead200:
I am not a lawyer. But equity is one of the foundation of contract law.
As far as I know, failure to pay rent as at when due even if it became due 2 hours ago, is enough grounds for immediate eviction after due notice (21 days and then another 7 days)

Nothing like 6 months notice for someone whose only grounds for eviction is failure to pay rent.
As long as everything is documented sha
There is NOTHING like IMMEDIATE EVICTION in the Tenancy laws of Lagos State.
If you think l am wrong, "please Quote the Section" here .
PropertiesRe: My Tenant Refused To Park Out After His Rent Expired by Daboomb: 8:45pm On Dec 16, 2017
Lajet:
You are wrong since the tenant rent have expired the landlord have right to serve the tenant 7 days Quit notice. The OP said that the tenant have said that he will not pay for the house rent showing that he want trouble are you saying that the landlord should fold his hands and wait for 6 months before talking action against the miscreant even when the miscreant rent have expired since August
Dont just talk....read what the law says first.... and then comment on that.
There are "legal events" that must occur before you can issue 7days Notice, and rent having expired just now, is not one of them.
To issue 7days Notice, the tenant must be in arreas of 6months rent first and thus, becomes a tenant at will.
PropertiesRe: My Tenant Refused To Park Out After His Rent Expired by Daboomb: 8:42pm On Dec 16, 2017
butanep:
so you expect him to pack when his house rent is still counting. you get sense Abi. you have no right to give someone quit notice when his rent is still active. some landlord are just heartless like you
You are completely ignorant of the law!
read it up first before allowing emotions to becloud your reasoning. grin grin
PropertiesRe: My Tenant Refused To Park Out After His Rent Expired by Daboomb: 8:40pm On Dec 16, 2017
Chukazu:
We saying the same thing.
It doesn't really matter when you serve the notice, what matters to take cognizance of the rent expiration date...the notice can even be back dated to such effect
No Sir!
You cant back-date a Quit Notice.
It becomes invalid.
It has to take effect from the date you serve it
PropertiesRe: My Tenant Refused To Park Out After His Rent Expired by Daboomb: 8:37pm On Dec 16, 2017
barristerbiodun:
As a lawyer, I believe my legal advice should suffice...since your tenant's rent had expired since August...all you need is 7 Days Owners intention to Recover Possession....this will be drafted by lawyer...after the expiration of 7 days from when the notice has been served...landlord will now proceed to court to get a lawful eviction, anything apart from this way will be unlawful...forceful eviction will make you liable so be careful...your best bet is proceed to court after the expiration of 7 days...pay your lawyer!
Your advice is not taking all the issues into consideration and therefore INVALID.
You must give a valid Quit Notice period (6 months in ths case) first, before you can file an "intention to recover possesion".
We are not talking about a "fixed term" tenure here!
PropertiesRe: My Tenant Refused To Park Out After His Rent Expired by Daboomb: 8:34pm On Dec 16, 2017
vetinosae:
You are good man and most commend you. However note that the tenant must be evicted via a due process. from your account stated, that quit notice is defective and invalid. you ought to have informed him 6 months to the expiration of his rent that you won't renew it as the expiration of his rent. you didn't do this. so on what grounds do you think you can evict him. I will suggest you meet with him and ask him to pay you another year rent counting from August. By 2nd of February 2018, formally write him your intention of not renewal when his rent expires by August 1st 2017. when the time comes in August after the expiration if Jesus has not come, we can also be of advise to you. you can meet your lawyer for advice.
There is NOTHING defective in the Quit Notice...... as long as it is not served EARLIER THAN the Six months for which the Tenant's rent is still covered and it is for the stipulated length of time (6 months).
PropertiesRe: My Tenant Refused To Park Out After His Rent Expired by Daboomb: 8:31pm On Dec 16, 2017
femoree2:
Go to citizen mediation centre and tender your case they will invite him and help resolve your issues. You will have to forfeit 1-3 months to give the tenant time to organize money to get another apartment then vacate your property, if he doesn't they will take it up with the tenant. It's easier than going to court cos if you go to court it's going to take longer to get him out of the house cos he can appeal.
False advice!
There are certain issues you need to deal with, straight away.
Its not about being easy, it is about getting the result you want.
PropertiesRe: My Tenant Refused To Park Out After His Rent Expired by Daboomb: 8:29pm On Dec 16, 2017
mannatech:
In the case of a yearly tenant who was issued Notice to Quit after expiration of his rent, is he required by law to pay rent for the 6months duration
Very true!
The landlord will still sue for "Miens", to recover the outstanding Rent, if the tenant refuses to pay.
His properties can be auctioned to cover such cost, by the court.
PropertiesRe: My Tenant Refused To Park Out After His Rent Expired by Daboomb: 8:27pm On Dec 16, 2017
Seankay323:
good contributions oga, I have lil issue with my landlord o, I have been diligently paying rent for the past 2 years. As at January this year our electricity was disconnected from the main source (another estate due to reasons beyond me and can't be resolved) I paid rent a week b4 the light was disconnected and since then nothing has been done till date , I have paid rent and landlord is still being laid back about sorting the light issue. God knows how much i have spent on fuel this year. Please wot do u suggest, is there a way I can be compensated or just wait till January move out and allow landlord to get away with this( 700k rent) .
From what you worte, you did NOT SAY your Landlord was responsible for disconnecting your Light, intentionally or otherwise.
So, l would say he is not responsible for the Light situation and noting that you said "from main source in another Estate".
best bet in the circumstances is to prepare to just get another suitable house and let them sort out their light issue
PropertiesRe: My Tenant Refused To Park Out After His Rent Expired by Daboomb: 12:50pm On Dec 16, 2017
dondo83:
Now do you know that is a gold mine for you? If your lawyer decides to write them that you will sue them and get their Niesv license cancelled they will be begging you with big settlements.. my brother you have hammered if you have a case.. It is a win win when a company manages your property.. It is my line and as much as I'm not a bigot I will never rent a clients property to some ethnic group, my company does thorough background history on every prospective client ... no doubt we encounter difficult tenant but it's the the barest minimal and we know how we handle such
Sir,
What is Niesv License?
PropertiesRe: My Tenant Refused To Park Out After His Rent Expired by Daboomb: 12:49pm On Dec 16, 2017
AdolfHitlerxXx:
I actually like your advice too.
I am talking from the "Point of Law", so that it can help others to know their limits, as Landlords.

If you know the Law, you can get away with virtually anything...that is why rich people hire S.A.N's, when they don thief our money finish! grin grin grin
PropertiesRe: My Tenant Refused To Park Out After His Rent Expired by Daboomb: 12:34pm On Dec 16, 2017
Yampotatocarrot:
Hmmmmmmmmm, after reading all this, I'm shocked

I think d best thing to do z to give all tenants quit notice 5months to the end of their rent... That way, when d rent expires, they have stayed 5months already n have just one month remaining incase they don't pay..

Then the 7days notice will work here

Don't know anything about the law though. Just saying
No Sir, you are Wrong ...............about the duration only!
It has to be SIX MONTHS, for Yearly tenants.

Give them exactly SIX Months, to when their rent expires. undecided undecided grin grin
PropertiesRe: My Tenant Refused To Park Out After His Rent Expired by Daboomb: 12:32pm On Dec 16, 2017
Chukazu:
From the last date of expiration of previous payment
No Sir, You are WRONG.
You can serve a Quit Notice within when the rent is still operating!

What the law states is that the Notice MUST TERMINATE "On Date" or "After Date" when Rent expires.


Best thing is to serve the Notice and for it to expire SAME DAY the rent expires.
From that moment on, it is just 7days Notice
. grin grin undecided undecided
PropertiesRe: My Tenant Refused To Park Out After His Rent Expired by Daboomb: 12:30pm On Dec 16, 2017
dondo83:
. Don't be penny wise and pound foolish it is better you let agents manage your properties ( note certified and reputable companies not road side caretakers ) my one cent
Aabeg, some Agents are even worse than the Tenants, despite being called "reputable"!
I took a whole building of 18flats off "Jide Taiwo" because they were renting it out and not remitting money to my account while l was on a training course overseas.
They were collecting higher Rent sef and not telling me exact amount they were collecting because l just left everything in their hands.

Bottom line: Be ready and PREPARED for trouble, once you decide to be a Landlord that rents out property! angry undecided
PropertiesRe: My Tenant Refused To Park Out After His Rent Expired by Daboomb: 12:25pm On Dec 16, 2017
olmoRoc:
I can never become a landlord in Naija. My neighbor's tenant has refused to pack out despite not paying for years. Even after cutting off their power and water supplies, they're comfortably using the BQ. If you can't pay your rent, please move out of the house/apartment, and relocate to the village!
\

And what is your neighbour doing about it.... or just allowing some useless tenant to live for free? angry angry
If any of my Tenannt tries rubbish with me, they would be out on the street faster than they can think!

My Lease Agreement sef, Na die! grin grin
Once you sign (and you must sign otherwise, no renting to you), lt is so easy for me to eject you legally (assuming l dont want to "show color"wink because everything is "tied properly" before hand.
But l treat my tenants nicely
PropertiesRe: My Tenant Refused To Park Out After His Rent Expired by Daboomb: 12:21pm On Dec 16, 2017
Carlyn:
Sorry, just got your message
Yes yearly
It has been locked for the 8months
I have not done anything... but i have been calling her on phone to come and move her lugages.
let me have ur contact pls...
Use a number she does not know to call her, Record the conversation and allow her to do the talking and prod her further and let her boast that she will lock the place up and you cant do nothing.
infact beg her to please come and open the place that you are losing moeny all these days she is not living there and just locked it up.
(You are allowing her to incriminate herself grin ).
* Then proceed to Court.
* Go to the nearest Magistrate Court and ask for Form TL4 (7 days Notice of owners intention to recover property).
* Paste it on the door, take Pictures, let the picture cover you pasting it there as well, you can place a "Todays Newspaper" on the door as well, to show/prove the date on it, so you can tell the Judge it was actually pasted on that date. You have to prove to the Judge the Notice was posted and not some "jankara" notice)
*After 7days, go back to the same Court as ask for "an order to take Possesion and force open the door".
* Court will grant it and give you a Baillif to go along with you.

NB: If you know where she lives, you can also ask for the Arrears of your rent and if they give a Judgement for your Arrears (Mense Re). she will be a Debtor to the court and can be arrested.

It is as simple as that.
PropertiesRe: My Tenant Refused To Park Out After His Rent Expired by Daboomb: 12:11pm On Dec 16, 2017
mechanics:
Use police to eject him out, if court don't want to do anything or go back to the court to make it official, some tenants are very wicked.
Again, the Police have no hand in Ejection process, unless if ordered by a Court, through the use of a Bailiff.
You guys shoud lat least try to know what the law says, before offering advice.
If "your enemy" end-up in Kirikiri now or you are asked to pay compensation to your tenant who is owing you rent, you will say the law is bad! angry angry
The law does not respect anyone (theoretically sha grin )
PropertiesRe: My Tenant Refused To Park Out After His Rent Expired by Daboomb: 12:08pm On Dec 16, 2017
AdolfHitlerxXx:
This is excellent advice.

Everyone should take note. The tenant after his car battery has been stolen when parking outside and faeces overflowing from soakaways....he would pack out quickly
Read my Post!
it is BAD Advice. undecided undecided

because something looks outlandish, does not make it "legally acceptable".
Be Guided otherwise, the tenant will leave you in court and come back to your house to tell the other tenants how he dealt with you and you know what that will make the other tenants do. grin grin
PropertiesRe: My Tenant Refused To Park Out After His Rent Expired by Daboomb: 12:05pm On Dec 16, 2017
Carlyn:
How do you get a copy pls
It is ONLINE naah.
use Google.

or go to any Court and request to buy a Hard Copy.
or any Legal bookshop
PropertiesRe: My Tenant Refused To Park Out After His Rent Expired by Daboomb: 12:04pm On Dec 16, 2017
PropertiesNaija:
Hello sir,
So, how do you define he "six months" and the "three months" notices?
It means you NOTIFY the Tenant in writing, of your "Intention to Recover your property" on or before the expiry of that period (six months or three months as the case may be...... from the date of service).
PropertiesRe: My Tenant Refused To Park Out After His Rent Expired by Daboomb: 12:02pm On Dec 16, 2017
zodd:
Talking from experience here - Don't wait for any useless courts judgement! After the six months notice it will take more than a year to get him out through the courts and he still may not be able to pay anything substantial anytime soon - if he's able to prove he does not have the capacity, and you will be forced to make some useless arrangement where he pays about 3% per month, spreading it over 2&1/2 years (not adjusted for inflation), and he may not even have anyone to Guarantee it. It is not a crime to owe.

If you are certain he has no intention to pay, You need to take matters into your own hand and make his life unbearable.

We were in a similar position with one of our tenants. The case was in court for more than a year and while its was in court we could not forcefully evict the tenant, and they racked up another years rent while we were at it. We incurred legal fees, wasted valuable time, and hearings were being postponed regularly by the lazy Judge.

My advice is to first cut access to all services; light & water at source, parking (park a vehicle there, many people have old, broken-down vehicles - tow it there if necessary), cleaning the vicinity, security etc. Service Charge is not part of the Rent and is treated separately by law.
If he does not pay for those services - he does not receive them,
there is no transfer of possession bullshit.

If that doesn't work start a renovation on your property. Get a engineer (registered biz) to do a bogus structural integrity check and write a report sighting an imminent collapse of your building including the roof with various critical faults especially at his location - and others, then you can dump a tipper of sand at his doorstep, remove the roof, etc... be creative. No Judge is going to fault you for ensuring the safety of your other tenants, and preventing your building from collapsing.

He will leave. If he doesn't life will be unbearable, with no basic amenities etc.. Our gate-man ensured the tenant stayed at the gate for about 10 minutes each time they got back and he would rain insults at them, since we could not deny them access.

All this methods are still within the law.. Since you have gone to the courts already.
If a landlord tries the above with me (assuming l am a tenant or Lawyer to the tenant), he will wither pay compensation or go to jail for six months.
I repeat, we need to be careful with self-help and ansure that we dont put ourselves in a situation that makes a wicked tenant to mock us even more!

YES, "major repairs" is a VALID REASON for ejecting a tenant (Section 25, sub-section 2(c).... but you still have to follow the 'legal process'!
I wont go into too much details but l will just quote that aspect of the law, which you have violated, using the above method:

Section (cool, sub-section
(4) Not terminate or restrict the use of a common facility or service for the use of the premises. (light, water, e.t.c)

(5) Not seize any item or property of the tenant or interfere with the tenant's access to his personal property. (Access gate).

Section (37), sub-section (4) Notwithstanding the provisions of any Law, it shall be unlawful for a landlord to eject a tenant from any premises pending the determination of the (instituted) action.

Most importantly, PLEASE read Section 44, sub-section (1).
I dont want to quote it here because.... grin grin grin

Also, let me mention that "landlord not receiving" a Service charge from tenant, does not constitute Tenant "not paying for service charge".

"Those who know and understand the 'law', dont take it for granted".

Am done.
PropertiesRe: My Tenant Refused To Park Out After His Rent Expired by Daboomb:
Carlyn:
Please how do i go about such, i want to teach my ex-tenant lesson, who duped her luggages in the house and moved out... Asking me to do my worst and if i should temper remove her luggages in the house, she will claim she kept million in d room and only travel.. that i must pay all the damages. what do i do
Give me more information:

Yearly Tenant?
How long has the placed being locked
Which date did last rent cover up to?
what have you done before now (Court, mediation, e..t.c?)


Edit:

Since you are not responding immediately, l have other things to do rightnow.
But below is the part of the Lagos State tenancy Law 2013, which specifies what your problem is and what you are allowed to do, IN LAW. (Avoid self-help, as much as possible)

Section 15-(1) A premises will be deemed to be abandoned where the-
(a) tenancy has expired ;and
(b) tenant has not occupied the premises since the tenancy expired and has not given up lawful possession of the premises.

below is what you or your Lawyer will do
(2) Following subsection (1) above ,the landlord shall-
(a) issue a seven (7) days notice of the landlord's intention to recover possession as prescribed in
Form TLA, which shall be served by pasting the notice on the abandoned premises; and

(b) apply to the Court for an order for possession and an order to force open the premises.


NB: You should not have wasted time on such matters.
landlords need to start acting VERY SWIFTLY.
PropertiesRe: My Tenant Refused To Park Out After His Rent Expired by Daboomb: 11:03am On Dec 16, 2017
coolcatty:
Lame!!!!


U think everyone's problems is to build house and answer landlord??

Smh
I guess the problem of asshats like you is to try to cheat those who have sweated and made something good of their life.
Some like you will die in a rented room and still they cant find where to bury your body!

And YES, having your own house is one of the yardstick that shows you are progressing in life.

ebujany:
Oga landlord. Paying rent a day after rent has expired? Have u ever been a tenant in someone's house before? Is that how u use to pay? Even in this present economic situation?


As for your tenant, hes obviously a trouble maker and a landlord like u that will ask his tenant to renew His rent a day after his rent has expired deserves some one like that
Just listen to this one!
When are you supposed to pay your yearly rent when the last one has expired?

If credit expires/finishes on your phone, do oyu continue to make calls, without buying new credit?
Poverty mentality is your problem.

FYI, Your rent should be the first "savings" you make, even before buyin Chritmas dress and Chicken because once you eat all those, you will go to toilet and the next week, you are a debtor to your landlord!

Build your own house, you cant build.
Pay for the one you are renting, na wahala....is this what poverty has turned you to, in life?


Ask your brothers who live abroad whether they dare not remit their rent on the first day it is due.
Over there, it is just 7days and you are out.
Landlord will even just change the keys to thehouse and embarass you openly in the neighbourhood.


It is only here in Nigeria that some of you are used to chronic debt.
No wonder many of your types endup sleeping under the bridge.
grin grin
PropertiesRe: My Tenant Refused To Park Out After His Rent Expired by Daboomb: 10:51am On Dec 16, 2017
ukeleh:
Please take things easy. No matter how long it takes, he will surely leave the house for you because, it is not his. Tenants like that will never have a house of their own. He is cursing himself by fighting the owner of a property he is using.
Very True!
One of the things l learnt very early in life, from my own parents, is that if your Landlord is praying for you that you will have your own house (ofc, based on how you treat his house and how dilligent you are in paying your rent), you will SURELY have your own house in no-time.
`
The reverse is also true.

It is just a natural law of retribution.


But we cant and should not allow such Wicked Tenant to have peace, in such house.
PropertiesRe: My Tenant Refused To Park Out After His Rent Expired by Daboomb: 10:47am On Dec 16, 2017
PeacenLove2:
These ones take forever o. I know someone who has been on a case for months now for tenants owing up to two yrs.
Very true!

Dont take him to mediation, not this type of wicked tenant.
There is NOTHING to mediate here.
PropertiesRe: My Tenant Refused To Park Out After His Rent Expired by Daboomb: 10:46am On Dec 16, 2017
MASTERCC:
If he's yearly Tennant .not 7days you will give him.7days will come after 1yr notice given to him.but that 1yr will be sequence .ok
Utter Rubbish! angry angry
Please dessit from advicing people or what you are ignorant about.
PropertiesRe: My Tenant Refused To Park Out After His Rent Expired by Daboomb: 10:43am On Dec 16, 2017
aariwa:
Since 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
This is a very risky maneuvre, for some Landlord who is ignorant of the law and is facing a crooked, wicked, tenant-from-hell!

1.) It will become very obvious, that the Landlord is "not on ground" and has very limited knowledge of the tenancy law.

2.) Once the above is established, it is in that same court that some "touts" will approach the tenant and offer to help him frustrate the landlord (Note: these touts are working with the Court Registrar and Clerk and they all share the proceeds)

3.) They can use repeated adjournment to frustrate your case. they can hand it over to a corrupt Judge who wil collect "Egunje" (through his Registrar) and put your case as the last, to be heard in the next one year! grin grin

4.) Every Law has "technicalities" which a lay-man may not be able to interprete or take advantage-of!
For example: If your Baliiff is "bribed", he may just fix a Saturday for the eviction for you.
You will be happy but l am sure that only Lawyers (or those familiar with the law properly, know that you cant do an eviction on a weekend of public holiday! It is Null and Void under the law! undecided undecided )

In summary, l think it is safer to let "professionals" handle the matter.
Some wicked tenant know pass landlord sef! grin grin

BTW: If l were this landlord, l will not push the tenant too hard to leave.... l will want to ensure that his property is carted-away openly and "Auctioned" to recover owed rent. That is how you teach such people a lesson.
PropertiesRe: My Tenant Refused To Park Out After His Rent Expired by Daboomb: 10:32am On Dec 16, 2017
Amberon11:
Lol....them never born the tenant that will try that nonsense in my father's property.
Wetin you go do?

or you have not seen where tenant put landlord for prison and even collect compensation? huh huh
Just tell us, maybe we can learn something new! undecided undecided
PropertiesRe: My Tenant Refused To Park Out After His Rent Expired by Daboomb: 10:31am On Dec 16, 2017
collinsmp:
I will do that on Monday but do i need a lawyer to do that or i can do that by myself without a lawyer help
Use a lawyer but please, use a Lawyer you cant trust!
I have seen some Landlord's Lawyer conniving with the tenant (after money has changed hands), to frustrate the Landlord's effort!

And dont just handover the process to the Lawyer and then go to sleep, follow-up and let the lawyer know that you are not all that ignorant of what the law says.

BTW: Anyone who rents out a house MUST get a copy and read, the Lagos State tenancy Law 2011, (2013, 2015, as amended.)
You cant fight a battle and expect to win, when you are ignorant of the rules!
PropertiesRe: My Tenant Refused To Park Out After His Rent Expired by Daboomb: 10:26am On Dec 16, 2017
mfm04622:
Not true! The moment a tenant's rent expires, you can serve him notice to vacate in 7 days! If he still has subsisting rent, then he need 6 months notice. Know that 6 months notice doesn't mean tenant won't pay rent again
WRONG Sir!

ALL YEARLY Tenants MUST get a Six Months Quit Notice, irrespective of When you serve it or whether their rent has expired or not (Exception being when the rent Arrears reach Six Month gbako!
shocked shocked)


NOTE: You dont have to wait til a Tenant's rent expires, before serving him a Quit Notice!
If yo uare sure you want a tenant of of your house (Even if you are not sure and you will still revoke the Quit Notice sef), the TRICK is to serve the Notice when his Rent is 6-Months and One day left, to expire! (You can always change your mond if you want)
That way, you wil be able to serve the 7days Notice IMMEDIATELY when his rent expires
. undecided undecided kiss

"Cunny-man die, Cunny-man bury-am"
. grin grin

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