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It is said that the law generally favours the tenant more than it does the landlord and I must agree with that position. The law in envisaging that landlords being in a more advantageous position may use it to exploit the tenant ,made more favourable provisions to protect the tenant from the onslaught of an oppressive landlord. However, one must be fair to recognize that just as tenants encounter oppressive landlords, some landlords too have encountered oppressive tenants they just can’t wait to evict. It is no news that to evict tenants, landlords must first serve a notice to initiate the eviction process. How do you as a landlord in Lagos State serve a notice on your tenant?

By Section 18 of the Lagos Tenancy Law 2011,a landlord can serve his tenant in any of the following way:

1. Where the tenant is present at home, then he must be served personally.

2. Where the tenant is absent at the time of serving the notice, then the notice can be served on any adult in the house

3. Where the tenant cannot be found, the notice can be sent by courier to be delivered to the house of the tenant and proof of such delivery must be obtained.

4. Where the tenant cannot be found, the notice can be pasted on a noticeable part of the house and proof of such service must be obtained. For instance, a notice can be pasted on the door of the tenant and a picture of it on the door taken as proof of service.

As a landlord in Lagos State, once you adopt any of the above ways to serve your tenant a notice, then such tenant has been legally and appropriately served.

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[quote author=Fatchi post=64694622]pls can I get two room self contain @saabo ojodu for 150k. pls I need it urgently. thanks[/quo

Sorry, I just saw your post.I don't have a two bedroom available for letting now.All the best in your search for it

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It is not unusual to find tenants claiming they are being illegally evicted by their landlords, so the question is what constitutes illegal eviction? The process of carrying out eviction largely determines if a tenant is being illegally evicted or not. Here is a guide to determine if you are being or have been illegally evicted.

1. LENGTH OF QUIT NOTICE: According to S.13 of Lagos Tenancy Law, 2011 and similar legislation in other states of the federation of Nigeria, If the tenant and the landlord fails to agree to a specific quit notice period, the following notices automatically applies;
Tenant at will - a week’s notice
Monthly tenant - one month’s notice
Quarterly tenant - three months notice
Half-yearly tenant - three months notice
Yearly tenant - six months notice
Where a yearly tenant who is entitled to six months notice is given a 3 months’ notice contrary to the provisions of the law, then such a tenant is being illegally evicted and therefore has a right before a court of law to challenge such notice. More so because inadequate notice is fundamental to the validity of the quit notice in the eyes of the law and cannot be overlooked by any judge. An inadequate notice is a very good reason by any judge to dismiss an eviction case against a tenant and order service of a fresh notice in compliance with the statutory provision.

2. DATE OF QUIT NOTICE: While some landlords ignorantly serve inadequate quit notices, some in a bid to outsmart the tenant with the impression of serving adequate notice, backdate the notice to appear in line with the provisions of the law. For instance, a yearly tenant who pays rent to cover January to December 2017 is required to be given a 6 months quit notice, which can either be from July to December 2017 or from January to December 2018 (whichever is applicable) but the landlord instead serves the quit notice in October 2017 and dates it July 2017 with an expiration date of December 2017. In practical terms, what this means is that the tenant has just been served a 3 months’ notice from October to December 2017 and not a 6 months’ notice .A tenant who fails to check the date on such backdated quit notice before receiving or acknowledging it is in the process of being illegally evicted. It is not uncommon to find tenants who ignorantly fail to check the date on the quit notice later cry foul at the landlord’s act. If you are a tenant out there ensure that you check the date of a quit notice before receiving or acknowledging it.

3. EVICTION BY UNAUTHORISED POLICE OFFICERS
It is not unusual especially in Lagos to see police officers throwing out tenant’s properties on the directive of the landlord. The question therefore is, do the police officers have the legal right to do so? It is so prevalent to see them carry out such act that it now appears even normal and legal but the truth is that the police has no right whatsoever to throw out a tenant’s property except such act is backed by an authorized court order. The ideal and proper way for police officers to carry out an eviction is to appear at the premises with a copy of the court judgment authorizing eviction before actually carrying it out. As a tenant, if police officers appear at your doorstep with no court order to evict you, such eviction is illegal.

So if you find yourself a victim of any of the above cases, you are definitely being illegally evicted and you can get legal representation to challenge such illegal eviction.

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[quote author=MrMcJay post=64377993]

Stop peddling ignorance.

You're entitled to 6 months notice BEFORE your rent expires. Once it has expired, you're entitled to only 7 days. Go and check Section 18(5) of the Lagos State Tenancy Law 2011 or similar legislation in your state.

If you like, sit tight in the property once the 7 days have lapsed, you'll pay Mesne profit for every extra day spent on the property in addition to your expenses for a lawyer to defend you.


Good response.I couldn't have done it better

jerflakes:
Quit notice will be given 6months after your rent expires

The 6months are rent free

That's a misconception.No where is that provided for in the Nigerian law

laudate:


God will bless you, o! That 'yeye tenant that was boasting about how he will continue to stay for free inside my house, is in trouble. Wait first....let me print out your post, and wave it under his nose!!

Amen.Really, what a lot of tenants need is just an education on the true position. All the best with your tenant.

The question always arises in many quarters, should a tenant pay rent even after being served a quit notice? Surprisingly, a lot of people have this wrong notion that a quit notice automatically means no more payment to the Landlord. The position of the law in Nigeria however requires a tenant to pay for even a day not covered by a subsisting rent. This is what is known in law as MESNE PROFIT. Mesne profit simply means the profit which a landlord can recover from a tenant whose tenancy has ended but who still resides in the property till the date he gives up possession.

There are two main scenarios to consider in order to determine if a tenant who is served a quit notice is expected to pay mesne profit or not.
The first scenario is when the quit notice is served while the rent paid by the tenant is still subsisting. So, let’s say Mr. Kekere is a yearly tenant who has paid his rent to cover January to December 2017 and the law states that a yearly tenant must be given 6 months quit notice. Mr. Wada, who is the landlord, in compliance with the law serves Mr. Kekere a quit notice from 1st of July to 31st December 2017. If Mr. Kekere vacates the property by 31st of December, he is not required to pay any money since his rent was still subsisting when he was served the quit notice.

The second scenario is when the quit notice is served after the expiration of the tenant’s rent. So let’s say this time around, Mr. Kekere was served a quit notice from 31st of December 2017 to 30th of June 2018,even though his rent expires that same December 2017.The period between January to June 2018 which is not covered by the 2017 rent and any other extended period as a result of a court proceeding to eject Mr. Kekere must be paid for by Mr. Kekere.It simply means, Mr. Wada can recover mesne profit from Mr. Kekere for any period he is still in possession after the expiration of the quit notice until he moves out.

The law will not allow a tenant stay in another person’s property for even a day without paying for it .The tenant is still obligated to pay even during period of court proceedings and during the period the court grants judgment ordering the tenant to vacate the property.

In reality however, it is very difficult for a landlord to recover mesne profit because in most cases the tenant would have vacated the premises to a location unknown to the landlord before the court delivers judgment or the landlord is more concerned with recovering his property from the tenant than recovering any mesne profit.

So, should a tenant pay a landlord for a period not covered by a subsisting rent even after being served a quit notice? The answer is a big YES!

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