₦airaland Forum

Lalasticlala, Oya.

Of course, the accusations would fail in court.
But before it fails in court, which political party would adopt a candidate with certificate case as its candidate?

They have used style to demarket him and make him less attractive politically, thereby reducing his chances if he decamps.

yazga:
They will run and you will never see them again or they give you the number of a family friend disguising as the landlord.

If they run, you're lucky. They are bad tenants.
If they try to give you false info, you can always crosscheck online.

covid2019:
Hmm So who would be collecting the rent pending when tenants move out? Assuming it took them 2 years to move out?
Or you leave your millions with seller at no interest?

Pending when the tenant moves out, no one collects the rent. If he seller collects rent, it creates a new tenancy term which must be completed before the tenant moves out for the buyer can take possession. That is why as a buyer, you must ensure that you talk to the tenants and tell them the property is for sale. Also, confirm from them when last they paid their rents. If someone is an annual tenant and he paid his rent in May but you want to buy that property in June, you would have to wait for a year till 2021 before you can take possession. It is always good to talk to the tenants about their rent so that they won't pay another rent to the landlord after you've paid thereby creating problems.

If you have tenants whose tenancy term is yet to expire and you really want to buy the property, buy out the remainder of their tenancies by giving them money to vacate the property and let them sign undertakings to leave on the agreed date. That money is what they use to get another apartment. It is small money but it solves a big problem.

If they refuse to leave after collecting money, that has become a criminal matter. No need to disturb yourself, just report a case of Fraud and Obtaining by Trickery to the Police.

bonnyhope:
US not just a shareholder but MAJOR

It used to be Nigeria

Oga, Do you have proof of this or you are just giving empty talk? Better check the AFDB website and correct yourself.

https://www.afdb.org/en/documents/afdb-statement-subscription-and-voting-powers-31-december-2019

The President - Hausa,
The Foreign Affairs Minister - Igbo,
The African Development Bank - Yoruba.

By the time Akin Adesina a Nigerian is sworn in for a second term, the world would know that a United Nigeria can not be stopped by anyone, not even the USA.

dejiotus:
Good morning my big Oga Mr McJay.
I have to agree with you o, that it is more sensible and wise just to waive the two months rent for the sake of peace and to get rid of a bad tenant. Tenants just need to know that legally any additional time spent needs to be paid for in full.

I will be grateful if you or any of our big Ogas and Madams in the house has a Know your Customer "KYC" template for prospective tenant, that can be shared. Landlords among us should please regularly inspect the meters in their properties to ensure there is no illegal or "bypass" connection. My tenant in Magodo absconded and left me a bill of 945 thousand naira (yes just under 1M naira on a prepaid meter o!!!) to pay, when she was caught by the Ikeja Electric Vigilance team. She did not pay even one kobo for electricity over the preceeding 4 months. She had apparently engaged someone to tamper with the prepaid meter as electricity supplied was not being read by the meter. The property was charged 150K per month, for 6 months as loss of revenue plus 45K as VAT. My case is still unresolved and with the NERC regulator.

What I'll advise you to do is to try to locate where she now lives or works. Then write a petition for Malicious damage, fraud and stealing and send it to the Police. It is preferable that you get the Police to arrest her at her new workplace or home and put her in handcuffs. Let this be done on a Friday afternoon.

By the time she spends the weekend in Police custody and wakes up on Monday, it is either she makes arrangements to pay in full or she is charged to court and remanded in Prison custody. Even if she makes bail, she can't complete the terms in 48 hours and she would taste prison.

For a sample KYC form, I have attached a Docx document to this post, if possible, you can download it and use. In addition, I suggest you request for the contact details of the previous landlord of each prospective tenant and talk to such landlord before letting your house to a prospective tenant.

Salliet:
Or you could share them here in a general thread and mention me so we are not found derailing...

https://www.nairaland.com/2550211/general-topic-thread-to-discuss-anything

Thanks, will do so.

Akin3891:
Hmm, mewa shele my sister,I no fit write all. I attended 2 court sections as regards to tenant troubles. Your lawyer will quote you the sweetest part of the law and make it seems there will be an express judgments, but once you are in, you will get tire n even pray the tenant hold on to the unpaid rent and all you want is your house. A mediocrity is the scene I saw in court, when after several seat a tenant finally appeared in court n promised his landlord he will vacate his apartment on a fixed date, then the judge asked him how about the unpaid rents, the landlord shouted I don't want oo, I just want my house back , the judge n everybody bursted to laugh. I saw frustrations on the landlord face, God knows how long it took for the guy to finally show in court, because it's one of their tactics to prolong judgement. Of course my own tenant didn't appear in court twice that I attended, I think the court depends on the property of a tenant to cover unpaid rent, but most time such tenant would have park out as the final judgement approaches, so how will you or the court get ahold of a run away tenant? it's even worst when you don't live in the said house to monitor things. The court process is so slow and normally take years, this way your lawyer would tap into ur finance, and you will have to wake up early to meet up court section, eventually justice may not be served n you will be at a loss.

What most people don't understand is that the longer the time you spend in court, the more your lawyers get paid. Win or lose, lawyers get paid. Even if you win after a long while, after considering the stress, it would be a pyrrhic victory.

When I advise some clients to let the tenants go and get back your house, they look at me as if I'm incompetent. You know people look at a lawyer advising against litigation as if he's an idiot.

If you as a landlord wants to make problem, just let the tenant leave the property first. Then, you can now start proper battles with the client for malicious destruction of property. If the tenant insults you or threatens you, add threat to life. If the tenant takes your stuff, you add theft. That's how to punish problematic tenants.

Satoshi2019:
Wonderful eye opener. Pls how can someone differentiate between an Agric c Of o and d genuine c Of o. Pls educate us. Thanks

Agric C of Os are also very much genuine, it's just that the purposes differ from that of Residential or Commercial C of Os. Once they tell a any property is covered by a CofO, try to check 4 things.

1. The propose of the CofO. It is usually written on the front page. Residential, Agricultural, Industrial, Mixed-use, Commercial or Utility.

2. The time span of the CofO. This is written inside the C of O, page 2 or 3. No CofO is issued for infinity and the longest time span is usually 99 years for Residential CofOs. While Agric C of Os have a short lifespan of about 15 to 25 years, others are for much longer.

3. Commencement. The time the CofO commences is very important. It is written on the front page of the C of O and determines when it starts and the remaining lease left on the land. If you get a C of O commencing from 1991 and to last for 99 years, it means it is to expire in 2090 and you have 70 years left on the lease.

4. Covenants. This is very important because these are the hidden clauses where the main terms of the grant are hidden. The conditions upon which the CofO are granted are written here and it is advised that you read them properly.

XiaoLi:
Her tenancy expires today,infact she is coming up with another request this evening that we should give her one extra month to move out making it 3months in total since she will write an undertaken. The agent managing the house also said that citizen's mediation center will still ask us to grant her request if she wants to stay 3 months,so he advised we ask her to write an undertaken and grant her 3months request to avoid troubles.

That tenant is not entitled to more than 7 days. Any extra time spent is just for you to cut your losses and move on. If you take it to the Citizens Mediation Centre, they won't force you to give her 3 months when you want to give her 2. Must likely, both parties would still settle for 2 months. And it would be duly recorded and sealed with the seal of the Attorney General of Lagos.

Salliet:
Are you willing to share here or we take it offline? no pun intended

Not a problem. I don't know if personal info are allowed on this section though. You can send me a PM anytime. Will get the pictures and mail them to you and arrange an inspection if you are interested.

Enyinne:
The kasala reach my side self , bought half plot last year ,paid and settled with owner but to my disbelief,am being notified by Coca cola thru their lawyers and the estate resident association to pay a ratification fee of 1.5m after doing survey fee of 700k making a total of 2.2m for ratification of it .

This is very rampant in those areas. Even some of the real estate companies in Ibeju-Lekki axis who bought land falling under Lekki Coastal and Epe Lagoon are facing this problem too. Buy land for 1.5M, 2 years later they are asking you to ratify with 2.5M. It's rubbish.

But I believe proper due diligence before purchase can prevent all these.

Salliet:
Would you mind sharing more details, is he selling units or as a whole?

Yeah, not a problem. He's selling in units, not as a whole. Some are 2 bed terrace duplexes and some are 3 bedroom terraces. They are in Magodo Phase 2, that's the main Magodo.

zohan101:
Hello Sir, please I have a question with regards to the "CONTRACT OF SALE" mentioned in your comment below. Could you pls explain abit further what its about.

Also, I intend buying some plots of lands about 10 from a real estate firm, would you advise I ask a lawyer to draft this; "Contract of sale" and get the seller to duly sign it?

Thanks

Definitely. If you are paying by instalments, please ask your lawyer to prepare a Contract of Sale immediately you make the first payment.
If you are making an outright payment, ask your lawyer to prepare a Deed of Assignment for you to execute with the company.

Some real estate companies insist on their lawyers preparing the transaction documents but I believe if you're buying 10 plots, they should be flexible enough for your lawyer to prepare your documents. If they don't allow, ask your lawyer to proofread the document thoroughly and iron out all detrimental clauses before you sign.

emmanuelewumi:
Will he need any papers from the court to take possession, if the tenant has not gotten any where to go

At the expiration of the 7 days, he would need to either take her to Court or take her to the Citizens' Mediation Centre. I prefer the CMC cos it's faster, it's affordable and they have the power to evict and get bailiffs to enforce eviction.

Whether the tenant has gotten somewhere to go or not is immaterial. In fact, if the court is involved, they can give an order that the properties of the tenant be sold to recover unpaid rent due to the landlord.

zohan101:
Bro, dont bother arguing with him further..some people are not open to taking corrections when they are wrong, they would rather result to insults when they notice their ignorance is been exposed..

I can't argue with him. I'm paid to argue and won't waste my time on things that aren't worth it.

XiaoLi:
Thank you for this, this is a lady moving out because other tenants are not in good term with her do to her bad behaviours, instead of her to jejely move out now she is requesting for an extra two months, when the agent tried to persuade her to pay for the two months she started using foul language that she will never do that instead we should serve her a quit notice. Some people are just very wicked and troublesome in Nigeria that will make you to think if they are really human!

Has her present tenancy expired or it is yet to expire?

If the property is in Lagos and her tenancy is expired, she is not entitled to the statutory 6 months quit notice. All she's entitled to is 7 days Owner's Intention to recover premises.

rmx:
Spot on . I for one will not buy any property with tenants going forward . My lawyer said I should always insist on vacant possession ,Learnt this the hard way ,the guy even took me and the seller to court to delay things , but godly wisdom prevailed . Took possession after one year this feb .

See, let me tell you, in all the properties my clients bought with sitting tenants, none of the tenant has left as at the time promised, not a single one. Even a property where the seller was living with his family, he extended his stay. It was when we withheld his balance payment that he moved out. There was another tenant that reported the seller to the police. This was a tenant that was owing 3 years rent.

What I usually advise is that if one wants to buy a property with sitting tenants, what to do is to ask the seller to eject all tenants and deliver up completely vacant possession. Meanwhile, pay about 60% of the purchase price and prepare a Contract of Sale signed by the seller. The remaining 40% would be paid whenever all the tenants are out.

emmanuelewumi:
What will he now invest in. A man sold his houses about 12 years to build hotels and event centres. For the past 3 months he has been complaining of no income because of the Covid 19 pandemic in the country.

It is always better to diversify our Investments, so that the Investments can compliment each other.

He has a well diversified portfolio. At least, I know he has heavy stakes in several quoted companies and he is on the boards of a couple of companies. According to him, from now on, he's only building houses to sell.

Sholapey:
God bless you for saying it as it is. A lot of us with useful information have decided to keep to ourselves because of people like him who only come not contribute meaningful information to this wonderful thread but to attack and make ahead of noise.

Pls madam, feel free to post and let us all learn. The knowledge you share is not for a few negligible empty barrels who are impervious to knowledge, it is for hundreds of thousands of people who would see it and learn from you. We are all learning and while schooling may end, learning never ends.

dejiotus:
But why reward bad behaviour with free rent since her legal tenancy is expiring tomorrow. Yes, while I will advise that the requested two months is granted to the difficult lady tenant for the sake of peace, she should pay for those two months as well. She is not entitled to any free lunch from her landlord now. Tenants should be made aware in very clear terms that extention of tenancy in whatever disguise should not equate to free rent.

I'm advising that he cuts his losses and moves on. If you decide to bring an action to recover unpaid rent and recover possession, how much would you spend on legal fees and for how long are you ready to drag it?
Now, calculate her unpaid rent for 2 months and decide which is easier to forgo.

Bad tenants can ruin an otherwise profitable investment. I have a client who is selling his 13 units of terraced duplexes at Magodo just because of tenants wahala. Prospective tenants are willing to pay 4M per year per duplex but he has refused, he's stuck to selling.

emmanuelewumi:
Lagos State ought to do something about this. Lekki up to Epe used to be under Western Region until Lagos State was established, the land their were meant for Agricultural settlement of Western Region government, all the land at Oko Oba Agege are under this category.

Lagos Federal territory used to be Lagos Island, Victoria island, Ikoyi, Ebute Metta, Surulere,Apapa and Yaba. Other areas were under the Western Region.

Currently trying to ratify the land of my property at Ajah axis

This would probably fall under Government acquisition eligible for ratification. Don't worry, it may take a little time but it would get done. Land in Lagos is something else. Too many booby traps.

XiaoLi:
Guys please i need your advise, i have this troublesome tenant that her rent will expire tomorrow, she is asking to give her 2months to move out, the agent managing the house advised we grant her request since issuing her a quick notice will not favour us,do you think i should grant this request or find other means to throw her out?
Location of the house is Lagos.
cc: everybody

You can grant her request. But to ensure no games, you can ask her to write something like.

I ______ hereby undertake that in consideration of the landlord forfeiting 2 months rent for the aforedescribed property, I hereby undertake to to vacate the __bedroom apartment located at ___.

In further consideration of the ___, I further undertake to forfeit and forgo all legal and equitable rights to tenancy and possession held by me over the property and covenant that I be be be held liable for fraudulent misrepresentation and criminal proceedings upon my failure to vacate and give up my possession of the aforedescribed property on the covenanted date.

Dated this _______ day of ____ 2020.

It's a random writing from my head but it would suffice. If she refuses to sign, she's not ready to leave.

9jatriot:
This is a very important information. That means plenty wahala expected very soon?

Well, depends on your risk appetite. It doesn't affect all lands on the axis, just those with Agric C of Os.

The thing is that once the new holders of the C of O get their hands on it, they would come and approach all those who built their houses on the land to "carry their houses". In the end, they would collect ratification fees and reissue a new Deed of Assignment with the details of the new C of O.

Boyhood:
Ok then tell us why the landlords lost this case to FCDA/AMAC?

There are some clauses inside those Agric C of Os that stipulate that they can only construct farm houses and animal pens on the land, no permanent buildings. Some even state that you can't transfer title.

So, once you violate them inadvertently, there is a problem.

ahiboilandgas:
Example not well grounded in property bought a commerical land in Apo area and built a twin bungalow for rent in 2000 but in 2004 elrufai demolished it that they viloted a section of the c/o ...and fcda/amac won the case against the landlords

For those buying properties in that Lekki area, particularly between Ikota and Sangotedo, there are a lot of Agric C of Os given for 20 or 30 years which are close to termination. In fact, there is one Budo Farm C of O that faced something similar. The problem is that those who held the Agric C of Os have resold to other persons who have now built. Because they saw C of O, they just bought the land and built, not knowing the difference between Agric C of O and other types.

Unfortunately, the government is not renewing these Agric C of Os, instead they are giving the parcels of land to new allottees which would now be residential C of Os. The new allottees are not those who bought from those with Agric C of Os, but the original landowners who the holders of the Agric CofO bought from. Those who bought and built with Agric C of Os would now have to face those issued new C of Os by the government.

In the end, they would be forced to pay Ratification fees to the holders of the new C of O. Ratification which would run into Millions of Naira.

StubbornGENIUS:
Your honor,please don't mind the naysayers.We are all here to learn and improve no matter our status.

Not a problem sir. Knowledge is like water. We all don't stop learning. What I have learnt on this thread are what people pay heavily to learn and I'm very grateful. Ahib, Emma and others say some things sometimes and I just smile cos they constitute transactional advice that lawyers bill clients millions for.

Theconglomerate:
Save this baseless talk for who cares to listen.
Go and hold all the people renting out their mini duplexes in lekki with this emptiness you just spew here.
I am talking money and capitalism,someone is talking english language and what's written on C of O.
How does that stop a person from renting out a property?
Do tenants now ask for C of O?
Please don't quote me again with irrelevance I beg you.

Whenever your logic fails you, you resort to adhominen attacks. If you don't know something, you shut up and learn instead of making noise about.

Why am I even wasting my time on someone who has probably never seen a C of O in his life. They probably hand you papers which you have no idea of what they mean until the government demolishes your property and you start crying about.

I am putting down free info that people usually pay heavily for for and you're insulting me. I won't waste my time on you. You're beneath me me and not worth it.

Theconglomerate:
Go and find out the meaning of commercial property,because it seems you are so clueless about it.
Unless of course,you are purposely being irrational for jest purposes.

The purpose of a property is written on the CofO. Then you are issued with a C of O, the purpose is written on it. You have Residential, Mixed-Use, Commercial, Industrial, Agricultural, Utility, etc written on it. There is a reason why it is written on it.

Registered Titles particularly C of Os determine the use of a property.