₦airaland Forum

South West Yorubas vs North Central Yoruba . Kontinu

HungerBAD:
Traders wants to do a mother of all protest? can somebody educated from the East, please tell this people nobody has ever won a fight with the Federal Government.

They should know, they lost the last one.

Maybe when Igbo traders in Lagos follows up with a protest, then Buhari will listen. Why of all the things to bring to the east, it's boko haram prisoners.

lastpage:
With due respects sir!

The "Rights" being waved by the said agreement, is also a coded Law of the state or am l wrong about that?
If the law says it is an offense to kill, (just like it says it is an offense to eject a tenant without adequate six months notice), just same way as any "agreement to invalidate that law" or render it inapplicable, does not infer that that law is inapplicable!
A coded law wil always be applicable and there are sanctions for flouting it..... in both cases.

You cant waive-away the law, even if it is your right.
What l am saying is that the infringement is against the sate laws per say, as in both cases.

Consumer Rights law also protects "consumers" who are in a weak position such that they are not able to bargain for their right and the law wil protect their interest in such cases as this.

I guess we will have t leave it for "argument" before a Judge!

Cheers.

Lastpage!

Much respect sir. Cheers.

lastpage:
We are analysing a situation and acting as defence to both side.
Why do you people always take things "personal"?
What about the interest of the porr House owner who labored hard to build his/her house in our environment where Mortgage is impossible for the majority? Does he not deserve some level of protection?

Until the bolded happens, NO ONE in thinking of Perjury........ its just in your own imagination


Lastpage!

Mind you the subject of argument started with a landlord who didn't follow due process to serve a quit notice when he should have done it. And I opined that, in following due process to serve the quit notice, the tenant may live in that house for at least a year or more, due to the landlords negligence.
But you quoted me saying that the landlord can actually serve the Notice to Quit and back date it. That it is now left to the tenant to come and prove that the Notice to Quit was actually backdated.
That was were the issue of perjury comes in. Cos if the case goes to court the tenant will claim that the Notice to Quit served on him was actually backdated, and in defense the landlord will counter the claim that it wasn't backdated. SO IF IT IS EVENTUALLY PROVEN OR FOUND OUT THAT THE LANDLORD LIED UNDER OATH, WON'T IT BE A DIFFERENT CASE ALTOGETHER. A CASE OF PERJURY.
How then am I taking things personal? Afterall I manage a property myself as the landlord. But in all fairness, landlords should always follow due process in quitting a tenant, rather than trying to second guess the outcome of a court case.

My wife's pin is there. Already told her to change it ASAP.

Please, my brothers from the South West should stop this naw. The propaganda was that it was best that GEJ leaves ASO villa, even if it means bringing back a former dictator. Even the Foreign media did a piece where they prefered a Former Dictator than to continue with GEJ.
I can predictably say, that we in the South will continually keep selling ourselves short to our Northern brothers.

Firefire:
Congrats...
Anything for Rotimi Amaechi

SGF

adonismuller:
Aregbe

Gbese

lastpage:
With due respects Sir, l want to state that some laws/agreements which run contrary to a much higher and superseding law is null and void, even if it is signed by both parties.

what l am saying is that if you make an agreement which constitutes "refoulement" of an existing law of the land, such agreement is null and void in the face of the law and you cannot enforce your rights using such agreement.

A very common example is when (say for example) two people enter into a a "written and signed agreement" that Party A will pay party B a sum of money if Party B kills someone for Party A.
Though both have signed and agreed and the contract is supposedly binding on both, but because there is a law which makes what they did to be an offense (as in shortened tenancy rights), Party B cannot seek any recourse in law, if Party A refuses to perform his side of that agreement.

Reason being attributed to "refoulement"... and that agreement is null and void from the onset.

In the same light, l am of the position that since there is a law which expressly state the number/duration of Quit Notice for a yearly Tenant, any "private agreement" which violates that law is null and void from the onset, even if duly signed by both parties.

I understand that you will say they entered into it voluntarily and that they signed already and that two parties are at liberty to enter into 'private agreements' but the underlying principle is that such 'private agreements' does not violate existing extant laws of the land.


Now, what is your own explanation to back up your position please.



Lastpage!

My dear Lastpage, your analogy is flawed because the two parties signed an agreement to commit murder which is an offense in itself. But in the case of Tenancy agreement, the Tenant by signing a contract which expressly states ONE MONTH NOTICE WILL DETERMINE the tenancy is simply waiving his rights, if he is a yearly tenant. And the landlord is not committing any offense.
The landlord is simply stating that if you are so eager to rent my property, you will have to WAIVE your right to a six months notice to terminate. The Tenant cannot come back in court to claim the right which he has already waived.
It's like when a suspect, waives his right to a lawyer being present during a police interrogation, how then will the suspect come up in court to claim that he was interrogated in the absence of his lawyer

lastpage:
While l agree that he should not second-guess the court and that due process needs to be followed, it is a very simple case.

The Landlord just needs to serve the Tenant, a "back-dated" notice which takes into account the previous six months.
At that point, the notice is duly served like it was served six months ago.
Let the Tenant come and prove it in court that he was served yesterday!

....And "Quit notice" does not even mean "free housing" ....... You still have to pay your rent til the day you leave

"If a child is adept at feigning death, the mother too can be good at doing mock burial".


Lastpage!

unless the tenant is living alone and there are no witnesses as to when the quit notice was served. It's just the word of the landlord against the tenant. And if it can be proven that the landlord is lying under oath in court, you very well know that a case of perjury will now be leveled on the landlord.
In this country we are good at cutting corners, that's why someone will even be thinking of perjury.

Abmarshalo:
If they like let them bring picture of Saraki stealing from CBN, HEVMUST REMAIN OUR SENATE PRESIDENT.

Gbam.

LKO:
A yearly tenant who has stayed in an apartment for six months without payment, has already used up his six months quit notice. The landlord can begin processes to recover his premises at d law court, d court would not give him another six months notice to quit.

wrong. If the tenant get a good lawyer, he will be staying in that house for another 6 months or more.
As a landlord do not second guess what the court will do or will not do. Rather follow the due process of serving a tenant a quit notice according to law.

Pat4t5:
Please help me
I rented a flat (I paid for two years) and less than two months later I lost my landlord and am the only tenant in the building. The landlord family refused to maintain the building (no light, no access road, bad environment with grass growing tall around the building).
I made a very big mistake by making just written agreement with my late landlord without receipt.
Please can i make a case with my landlord family in court?

Without receipt of the rent paid or without a copy of the agreement you made with your late landlord?
Was there not any witness when you entered into the said agreement? Cos there's supposed to be a space for a witness to sign the contractual agreement.

wisdomguy4u:
You can willingly wave some of your rights when entering into a contract. And when you do such, you cannot later on claim such rights.

Thank you. Exactly what I was saying.

adadadon:
That is a different scenario, how about this you sign an agreement that someone should kill you. The person kills you, wake up from the dead and tell the police that you signed an agreement that you should be killed by so and so or show black on white expressing such.
different laws apply to different states. The lagos state tenancy law is different from the Ondo state tenancy law, if the lagos state tenancy law states that "any clause in any agreement, contracts or terms seeking to invalidate the provisions of this section" No black on white can nullify such phrase unless expressly stated in the tenancy law or constitution

Well I don't operate under the Lagos state tenancy laws.

younglawya:
I agree with adadon. I don't think you can contract out of an express provision of the law

Maybe we should all talk to a property lawyer, I mean guys who have been in court for things like this. because I will like to "i stand corrected until proven otherwise".

Joeadamxx:
Obviously, most of the contributors here are tenants and not Landlords hence the Landlord bashing.
I was a tenant between 2001 - 2005 in Lagos and a Landlord by the grace of God since 2011.
My experience as a landlord is that some tenants come into houses with this "I know my rights" attitude without thinking or trying to know their responsibilities, like informing landlord they wish to extend their residency 3 months before expiry, landlord has the right to inspect the interior of his property at any time as long as prior notice is given, tenants needed to conform to the agreement signed. One tenant chose to sublet a portion of my property saying he has the right to (crazy, ehn), he will park his car far off even with ample parking and a personal garage available and insist on using Keke Napep or Okada to drive him into the compound. Of course, I gave him notice 4 months after he moved in!
The lesson here is don't rent a house with the belief that the landlord is a monster as newly married girls think of their mother in laws and you will be surprised that the landlord will be your best friend!

Thank you my brother. Some of them tenants don't even read the tenancy agreement, because they in a rush to secure the apartment.
How can you sublet anothers property? Some tenants are just plain silly. Why will a Clause state that you have to give the landlord 3 months notice before the expiration of your last paid rent if you wish to renew your tenancy and you ignore it, maybe because the landlord has not asked. That is simply setting yourself up for future problem should incase the landlord wants to quit you.

adadadon:
sorry but putting such an agreement will still be void bearing the fact that it contravenes and disregards the provisions of the tenancy law.
and the six months tenancy notice will still be binding. A mere agreement cannot supersede a law unless the law states otherwise

The words at every correctly drafted tenancy agreement is that it is signed by both parties out of their own freewill. I have consulted on this very issue, and I can actually tell you that it doesn't contravene any other law, since both parties freely entered the Contract.
The landlords lawyer will argue his case based on the "free will" with which the tenant entered into contract with the landlord. He was not coarsed into signing the Contract, having read the clause that states ONE MONTH and the tenancy will be determined.

adadadon:
[size=16pt]That agreement would become Null and Void to the extent of its inconsistency with the law [/size]
The court would gladly rule in favor of the tenant

Inconsistent with which other law?......
Tenancy agreement is a contract and both parties voluntarily signed it.
U will give an analogy, Slave Trade has been abolished. But if you voluntarily sign a contract that cedes your human rights to another, what will the Law do for you?
If it were against the Law, do you think it will be a common occurrence among property lawyers? The law is an ass, and some actually knows how to ride it.

adadadon:
sorry but putting such an agreement will still be void bearing the fact that it contravenes and disregards the provisions of the tenancy law.
and the six months tenancy notice will still be binding. A mere agreement cannot supersede a law unless the law states otherwise

When you put in such provision, it will be clearly stated that the TENANCY AGREEMENT supersedes all other previous laws. That is how I operate. Ask any lawyer.

whirlwind7:
Qkay, @OP, here's my question:
For a tenant who pays yearly rent and is entitled to 6 months notice, at what time should the notice be served, and deemed legal?

Is it after his rent elapses and is due for renewal, or
Is it in between rents, i.e, say, about 6 months before his rent elapses?

I ask this because I know about someone who pays yearly rent, and halfway into his tenancy, he got a notice to quit from his landlord. He has about 6 more months before his next rent is due.
He doesn't default on his rent, pays up regularly. Is this right, or legal?
There was absolutely no reason given for the notice.

.
Actually the Landlord is right. A tenancy can be DETERMINED if the Landlord serves the tenant a quit notice six months before the expiration of the last rent paid.

2. Inadequate notice to quit: The duration of time
for which the notice to quit will expire is determine
by the kind of tenancy relationship existing between
the tenant and it's landlord. The landlord has no
right to quit the tenant anytime he likes .
* where the tenant pays monthly: the law requires
that he is entitled to full one month notice.
* where the tenant pays every six months: he will
be entitled to a full three months notice.
* where the tenant pays yearly: he will be entitled
to six months notice.
Any notice short of the above stipulated notices is
unlawful and gives the tenant right to sue for
unlawful eviction.

.
Please be advised that you can actually give a yearly or bi-yearly or quarterly or monthly tenant just a MONTHS NOTICE TO QUIT and you will not be contravening any tenanncy law.
How it works is that the Landlord will have to EXPRESSLY STATE IT IN THE TENANCY AGREEMENT that irrespective of how the tenant pays his rent, that the tenancy will be DETERMINED BY A MONTHS NOTICE. If a prospective tenant accepts and signs the tenancy agreement without any duress, then I see why a landlord cannot terminate such tenancy with a months notice.

In other words we should be prepared to see the Ministers coming from a particular region.
.
Mr Commissioner, Sir, if we are so bent on merit why do we still have Quota system when admitting people into Federal Government Colleges?
Ditto, Federal parastatals and the civil service?

Wait.......did I just read General Hospital? what sort of animals are these guys.

Everyday wahala. RIP to the dead.

Bluetooth2:
A man who betrays his party by forming alliance with the opposition and also refused to attend the mock election his party organized but was quick to organize his own mock election to elect principal officer is never to be trusted.

If Bukola can betray his own father, then nobody should ever trust him because of his desperation.

A man who was among the "progressive" when he betrayed his former party PDP......Very interesting.
I love the Nigerian version of HYPOCRISY.

bappahman:
Senate President: North Central

Majority Leader: North East

Majority whip: North West

Senate= Northern Agenda

But some of us warned about things to come. The South can never be together again. It's best we keep calm and watch.

Pineapp:
"To serve Nigeria is not by force"

To Serve Nigeria with all my MIGHT" including breaking every breakable.

Some godfathers will be like, "What is wrong with Saraki?

pyyxxaro:
A Country where there's no LAW, there's no Crime

It's all about the BENJAMINs

All about the BENJAMINs bro. The more things change, the more they remain the same.

America will know, cos it's their money.