Welcome, Guest: Register On Nairaland / LOGIN! / Trending / Recent / New
Stats: 3,143,185 members, 7,780,268 topics. Date: Thursday, 28 March 2024 at 11:37 AM

Quit Notice To A Tenant - Properties (6) - Nairaland

Nairaland Forum / Nairaland / General / Properties / Quit Notice To A Tenant (34848 Views)

My Landlady Just Brought A Quit Notice To Me Out Of The Blue! / Will A Tenant Pay During His 3 Or 6 Months Quit Notice? / My Uncle Is A Tenant In The City But Has An Empty Mansion In The Village (2) (3) (4)

(1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (Reply) (Go Down)

Re: Quit Notice To A Tenant by Nobody: 8:25pm On May 08, 2021
GboyegaD:


Not when he gives you the notice early enough.

by law i am entitled to 6months after my rent expires. period!
Re: Quit Notice To A Tenant by sorepco(m): 8:25pm On May 08, 2021
I read somewher that Cameroon some 3 years ago made it a criminal offense to owe rent more than 2 months. U hear ssy there now na tenant de beg landlord make e forgive them di 2 weeks dem de owe as dem go vomot tday today!

GboyegaD:


Why feel entitled to someone else's asset?
Re: Quit Notice To A Tenant by sweetrace(f): 8:25pm On May 08, 2021
ZaRuleOfLaw:

which state? I don't know how Lagos people do it, but in other places, you don't need a lawyer to issue quit notice. I kicked out one stupid couple who were vandalizing my apartment 2 yrs ago, without a lawyer. it took 14 days. the fool initially boasted that he had the right to one year notice LOL. something is inherently wrong with tenants from the flat*head region. every opportunity is used to create problems. Nepa bill, borehole servicing etc. I won't be accommodating them henceforth.

Wow! I truly wish you get to rent a place, loose every source of income, and get a quit notice from your landlord. While your tenants were wrong to vandalize your apartment, there are many tenants who take care of their rented apartment like it is their property. Life should be lived with a high sense of compassion.
Re: Quit Notice To A Tenant by Toosure70: 8:26pm On May 08, 2021
Draslo:
Not a lawyer but if you serve me quit notice and I'm not owing, you're just wasting your time. If my rent expiration coincides with the quit notice, I'll flex 6-months sara and nothing go happen.

The problem is when landlords issue a quit notice in the morning, they expect you out by evening. Where is the sense in that? As if I'll be living under the bridge and contacting housing agents from there.
not 6 months but the month you collect as pay down.
Re: Quit Notice To A Tenant by BarristerAlarig: 8:27pm On May 08, 2021
fkj950ax:


Depends on which State the said property is located. Different States have different property and tenancy laws

https://lawpadi.com/10-things-lagosians-should-know-about-the-lagos-tenancy-law/#:~:text=The%20Lagos%20Tenancy%20Law%202011%20states%20that%20if%20you%20are,year%20from%20a%20yearly%20tenant.


This doesn't explain the right time to issue to quit notice. Is it 6months before rent expires or 6months after?
Re: Quit Notice To A Tenant by Solatium(m): 8:29pm On May 08, 2021
fkj950ax:


He is to give her the notice 6 months to her rent expiry, NOT after it expires.


Go and check tenancy law,come back and tell me your finding
Re: Quit Notice To A Tenant by AlphaStorm: 8:35pm On May 08, 2021
DaBogu:
Author Leezah

LAWYER
Get a lawyer.. Please don't take laws into your hands, because the law tilts more in favour of tenants. get a lawyer to Give him quit notice if his a yearly tenant If the tenant is on yearly payment, it is 6 months notice that u'll give him and it will start counting frm d day you served him d notice irrespective of how many months he has not paid.

Once the quit notice has been filed validly for 6 months, any day over that 6 months notice means the tenant is holding over that property illegally and he no longer becomes a tenant but a tenant at sufferance and from there onward you dont need to issue him a quit notice again but an OWNERS INTENTION TO RECOVER PREMISES in 7 DAYS And from there onwards the tenant practically has no defence legally when the matter will be filed at the rent tribunal nearest to you.

Tops with all the adjournment within 3 to 5 months the court balliffs will personally come to serve them to eject them of the premises compulsorily.

or

DO IT YOURSELF (DIY)
If 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

or

GOVERNMENT
If you based in Lagos If its Lagos, go through the human right activist section or Mediation center of the State Government. They have many outlets in each local government in the state. They'll charge a fee of #8,000 and would handled the cases

or

STREETS
I don't encourage this any longer but its inevitable where a tenant things you must suffer after the initial suffer to build a house. Go to court, pay the clerk and officials and get a notice, paste on his door in his absent and snap then take notice off. Make some other person appear in court in his stead as a proxy tenant he transferred tenant ship to without your consent and get a verdict and evict him immediately as the unpreparedness will rock his life for ever. He can continue the fight from outside your house. The person that appeared is the person you have been seeing around the house and you don't know him. Simply put, he alone can provide that person.



Agba !!!!�����

1 Like

Re: Quit Notice To A Tenant by satysaca: 8:35pm On May 08, 2021
What is the reaction of your lawyer and the advice he gave you. It is the work of court not your work

Oracleforce:
Pls, advise me on what to do with this stubborn tenant.

I wish to recover my apartment from a female Tenant for personal use...I then approach a lawyer to draft a quit notice. I gave her the quit notice and she refuses to collect it,

lawyers in the house, pls can you advise me on what to do? Thanks.
Re: Quit Notice To A Tenant by santakris(m): 8:36pm On May 08, 2021
Serve her another quit notice that you want to renovate the house.

Remove the roof after the expiration date
Re: Quit Notice To A Tenant by Tensteel412: 8:41pm On May 08, 2021
Oga weldon. Your house was in a very bad condition b4 d tenant fixed it, put marbel, pop, marble kitchen cabinet etc, to the best standard by ur tenant, now u want to increase d rent just like that.
What u r doing is not right. That fake female lawyer in that estate advising u will just create problems 4 u.
Your tenant want to pay u, but u refused.
Give urself brain and do d right thing.
Re: Quit Notice To A Tenant by colestephan86: 8:41pm On May 08, 2021
Oracleforce:
Pls, advise me on what to do with this stubborn tenant.

I wish to recover my apartment from a female Tenant for personal use...I then approach a lawyer to draft a quit notice. I gave her the quit notice and she refuses to collect it,

lawyers in the house, pls can you advise me on what to do? Thanks.
You have to be sure what you are doing, and the lawyer is supposed to explain to you better.
For a yearly tenant , give her the notice 6 months before the rent expires after that give her 7 days owners intention at the end of that you can go with the police to get her things out
Re: Quit Notice To A Tenant by Royruky(m): 8:43pm On May 08, 2021
Oracleforce:
Pls, advise me on what to do with this stubborn tenant.

I wish to recover my apartment from a female Tenant for personal use...I then approach a lawyer to draft a quit notice. I gave her the quit notice and she refuses to collect it,

lawyers in the house, pls can you advise me on what to do? Thanks.

Let the notice be served by another person. If she refuses to receive it, leave it on the floor. It is good service.

All the best.
Re: Quit Notice To A Tenant by plot697: 8:45pm On May 08, 2021
Pls, advise me on what to do with this stubborn tenant.

I wish to recover my apartment from a female Tenant for personal use...I then approach a lawyer to draft a quit notice. I gave her the quit notice and she refuses to collect it,

lawyers in the house, pls can you advise me on what to do? Thanks

* you do not need a lawyer to issue notice to quit.
* to be valid in law, your notice to quit must coincide/end on the eve of the day your tenant's rent expires
* if you have given six months outside the expiration of your tenants rent, you are legally entitled to all your rent. A tenant must pay for every single day spent in your house with or without any notice.
* Apply for mesne profit for the numbers of months the tenant has stayed without paying. This should be the exact amount you collected for a month. Mesne profit is the money your tenant pays you after the expiration of notice to quit.
* Approach a multi door court, pay their fees, go with a bailiff to serve the tenant.
* If your tenant refuses to take, your bailiff notes it down which he reports back to the court.
* tenancy agreement is important. Most of what would matter in court depends on what your agreement says.
* By law, a yearly tenant should be given six months notice to quit. As earlier stated it should end on the eve of tenancy.
* but the six months notice to quit can be reduced to even one day if stated like that in your agreement.
* I wish you well.

3 Likes

Re: Quit Notice To A Tenant by Royruky(m): 8:45pm On May 08, 2021
colestephan86:

You have to be sure what you are doing, and the lawyer is supposed to explain to you better.
For a yearly tenant , give her the notice 6 months before the rent expires after that give her 7 days owners intention at the end of that you can go with the police to get her things out

Stop bringing the police into everything. The tenant has not committed any crime.

The police cannot be involved. It is illegal to involve the police to get her things out
Re: Quit Notice To A Tenant by fkj950ax(m): 8:46pm On May 08, 2021
BarristerAlarig:



This doesn't explain the right time to issue to quit notice. Is it 6months before rent expires or 6months after?

Before
Re: Quit Notice To A Tenant by fkj950ax(m): 8:48pm On May 08, 2021
Solatium:


Go and check tenancy law,come back and tell me your finding

I have gone to check it and I am back.
Everything I wrote before is what I still saw
Re: Quit Notice To A Tenant by Kzinne: 8:48pm On May 08, 2021
Draslo:

Not a sense of entitlement. By law, I'm entitled to six months.
I hope you know you are sui to pay for the six months

1 Like

Re: Quit Notice To A Tenant by Yusufisraelj(m): 8:49pm On May 08, 2021
emperorlaqrin:


A landlord it's entitled to recover his property at anytime but such must be done according to the law.


Simple I don't have issues with that either.
Re: Quit Notice To A Tenant by Perfectbeing(m): 8:50pm On May 08, 2021
The lawyers here are not explaining things clearly.

Scenario 1.
A tenant that rented the house for one year doesn't pay his/rent after the expiration date. What does the land do? Can he recover his/her rent?

Scenario 2.
A tenant rents a house for a year. 7 months into year, the landlord needed the house for some reason best known to him. How does he recover the house?



Please explain like you would explain to a layman.
Re: Quit Notice To A Tenant by Yusufisraelj(m): 8:51pm On May 08, 2021
deavicky:
he said he wants to use the apartment for something else. Don't read?. And for u mister landlord, you also cannot wait till end of her rent before u use ur house for what ur plans have. You think paying agent fee is for free. If u want ur house fast go look for another place for her.

I read, serving a quit notice before the expiration of a rent for his own use is his right, has he considered the person in question that he wants to evict, you think having a shelter is an easy task?

1 Like

Re: Quit Notice To A Tenant by colestephan86: 8:51pm On May 08, 2021
Royruky:


Stop bringing the police into everything. The tenant has not committed any crime.

The police cannot be involved. It is illegal to involve the police to get her things out
You don't have to be emotional about it, go read Lagos tenancy law

1 Like

Re: Quit Notice To A Tenant by harmony75: 8:53pm On May 08, 2021
It's her own disadvantage how can you be stubborn on someone's property?! get a lawyer and take her to court nonsense!

1 Like

Re: Quit Notice To A Tenant by fkj950ax(m): 8:55pm On May 08, 2021
Quit Notice: How Should a Tenant be Ejected in Lagos?
29th May 2018 | 10 min read37 Comments63186
Quit Notice - Eviction - Notice to Quit - Private Property Nigeria


As a landlord, how should you issue a ‘Quit Notice’ (also known as a ‘Notice to Quit’ or ‘Eviction Notice’) on your tenant when you want him/her to vacate the property? You can arrange 4-8 thugs to break into the property and forcefully eject the tenant but for doing this, you risk earning yourself a 3-year jail term for forcefully ejecting your tenant.

You cannot forcefully eject a tenant without severe repercussions regardless of how difficult the tenant might be. You must respect tenant rights. The legally correct thing to do when you want a tenant to vacate a property is to issue a quit notice. In this piece, we will guide you through the process of ejecting a tenant in Nigeria. Let us begin by establishing what a quit notice is.

What is a Quit Notice?
Quite notice is the notice, often referred to as ‘eviction,’ which is given to a tenant by a landlord mandating the former to vacate a property by a certain date. The duration stated on the quit notice rest largely on the duration of the tenancy. We will take a closer look at this but below is a breakdown of the legally approved duration for quit notice in Nigeria:

A one-year (or above) tenancy will require at least a notice of 6 months
A one-month tenancy will require a minimum notice of one month
A one-week tenancy will require a minimum notice of one week
Before you can recover your property from a tenant, you need to understand the tenancy law as well as whether it is relevant in the area where your property is situated. For example, did you know that the Tenancy Law in Lagos state does not apply to Apapa, Ikeja GRA, Victoria Island and Ikoyi?

If you own a residential property in Apapa, Ikeja GRA, Victoria Island and Ikoyi, the Rent Control and Recovery of Residential Premises can be used to recover your property. If, however, your property is non-residential, the Recovery of Premises Law will be applicable to those districts of Lagos. In essence, the law varies slightly.

Before we get into the process of eviction, let us take a quick look at the Nigerian tenancy agreement and how it works because this is what will guide you towards a legitimate ejection of your tenant.

Quit Notice - Eviction - How to Eject Your Tenant - Private Property 6

The Nigerian Tenancy Agreement
The law leaves room for the tenancy agreement to be either written or oral but the history of the Nigerian real estate space favours written tenancy agreement. Most tenant and landlords like you prefer having the agreement in black and white as it is believed that this puts them on the safe side. You do not want to find yourself dealing with a tenant who suddenly lays claim to paying rent covering 2 years whereas he/she actually paid for a one-year tenancy.

The tenancy agreement is expected to contain a number of things to be considered valid. Some of the things that must be expressly stated in the agreement are:

Your name as well as the name of the tenant
Details of the type of property that you are renting out
The location of the property you are renting out as well as the features that come with it
The period of time for which the rent will cover
The amount of money that is received as rent
The date payment was received
The modalities for an upward review of the rent
The duration of ‘quit notice’ to be served on the tenant
The party responsible for repair works within and around the property
Who is responsible for expenses like water, electricity and sanitation bills
A post office stamp must be affixed – This makes it acceptable in court as an evidence
Types of Tenancy Agreements
Before we proceed, we shall take a look at types of tenancy agreements as well as how they will affect your decision to evict a tenant.

Tenancy at Will: A tenancy at will refers to a scenario where you allow a tenant occupy your property without a defined tenancy duration. In this case, the tenant occupies your property but with no definite or specified time frame.
Periodic Tenancy: A periodic tenancy refers to a tenancy agreement where the tenancy continues until either the tenant or the landlord gives written notice to end it.
Fixed-Term Tenancy: A fixed-term tenancy, also known as fixed tenancy is one that spans a fixed period of time. It is the most popular type of tenancy in Nigeria because it only lasts for a space of 6 months depending on what your tenant wants. The time-span of this tenancy must be written on the tenancy agreement. If it is not written, then it isn’t valid.
Quit Notice - Eviction - How to Eject Your Tenant - Private Property 2

What Length of Quit Notice Should You Issue to Your Tenant?
The length of the quit notice that you issue on your tenant rests squarely on the type of agreement that you have with the said tenant. Tenancy is based on agreement and this agreement covers the length of the quit notice that you can issue.

In the absence of a written agreement stating the length of the quit notice, the following statute will apply:

Weekly tenancy – A 1-week notice
Monthly tenancy – A 1-month notice
Quarterly tenancy – A 3-month notice
Half-yearly tenancy (6 months) – A 3-month notice (applies to Lagos only)
Yearly tenancy – A 6-month notice
Above one year – A 6-month notice
Tenancy at will – A 1-week notice
Quit Notice
The quit notice (or notice to quit) usually applies to the tenancy at will and periodic tenancy. The notice is to be issued on the tenant by either you or your lawyer via a written document.

When you want to recover your property from a tenant, you are legally obliged to issue a quit notice except in a situation where the tenancy has expired by effluxion of time or by operation of law.

The quit notice, as we discussed earlier, should contain the specific period within which the tenant is expected to quit and deliver possession of the property.

Quit Notice - Eviction - How to Eject Your Tenant - Private Property 1

Situations Where is Not Necessary
There are some situations where the serving of a quit notice is no longer necessary. In such cases, all you are expected to do as the landlord is to serve a 7-day notice of your intention to recover your property from the said tenant. Under the law, this is known as the compulsory ‘7 Days Notice to Recover Premises.’ FInd the situations where the quit notice is no longer necessary below:

Expiration of Fixed Tenancy: In a case where the tenancy is a fixed-term tenancy and it expires, there is no need to serve a notice to quit. You can, however, serve the tenant with a notice of your intention to apply to a court to recover possession of your property.
When in Arrears of 6 Months of Rent: If your tenant, under a monthly tenancy, ever gets to the point of being in arrears of unpaid rent for 6 months, a notice to quit is no longer necessary. What you can serve instead is a notice of your intention to apply to a court to recover possession of your property.
When in Arrears of One Year of Rent: If you have a tenant, who is under a quarterly or half-yearly tenancy and is in arrears of rent for one year, you don’t need to put yourself through the rigours of issuing a notice to quit. A notice of your intention to apply to a court to recover possession will suffice.
Quit Notice - Eviction - How to Eject Your Tenant - Private Property 3

7 Days Notice to Recover Premises
Under the Tenancy Law, the moment the quit notice expires and your tenant refuses to vacate the property, you are to serve the tenant with the ‘7 Days Notice to Recover Premises.’

The 7 Days Notice to Recover Premises is to be served on the tenant by you or your agent. The notice will communicate your intention to recover the property not less than 7 days after the notice is served.

We should add here that the 7 Days Notice to Recover Premises can also be served when the said tenant is on a fixed-term tenancy, which has expired. The purpose of this notice is to give your tenant sufficient time to quit the property.

The 7 days notice is to be calculated from the day after the service of the notice on the tenant and not from the day when it was served. If it is served before a ‘Quit Notice’ or during the lifespan of a ‘Quit Notice,’ it is rendered invalid.

The Writ
The writ, also known as plaint or summons, is a form of written command in the name of a court or other legal authority to act or abstain from acting, in a particular way.

According to Section 24 of the Tenancy Law, once the ‘7 Days Notice to Recover Premises’ expires and your neglects, refuses or fails to deliver your property to you, you or your caretaker are legally empowered to institute an action against the tenant for the recovery of your property at the Magisterial Court District or High Court Division where the property is situated. To do this, however, you need a lawyer.

Quit Notice - Eviction - How to Eject Your Tenant - Private Property

Final Thoughts on Quit Notice
In a situation where there is a breach in the grounds of eviction, which we have shared in this article, the court of proper jurisdiction will hear the matter and follow with an order for evicting the tenant. The success of this is, however, tied to your ability to prove your case beyond doubt. In some cases, you can be awarded damages and mesne profit (rent accruing during the period of your exclusion from your property) by the court.

It is in the best interest of your tenant to adhere to the terms and conditions contained in the tenancy agreement. Your tenant should renew rent when due or vacate the property after a reasonable notice has been given to avoid legal action.

Your tenant has the right to challenge your move to evict him/her in a case where you seek to eject him/her in a clear contravention of the tenancy law.

It is not uncommon to find Nigerian lawyers inadvertently issuing a notice to quit even after the tenancy has been determined by effluxion of time. This is not in line with the tenancy law. Let us end this with an example:

Dotun is a yearly tenant. His last payment of rent for a one-year tenancy was made on January 10, 2017. His annual rent expired on January 9, 2018. The problem now is that Dotun still occupies the rented space and has refused to vacate the property because his landlord has not served him with a Notice to Quit. Dotun continues to claim to know his rights and vehemently maintains that he cannot be evicted from the apartment without being served a 6-month Quit Notice from his landlord. From all we have explained, is Dotun on the right side or wrong side of the tenancy law?



Samod Biobaku
A Nigeria-based writer and blogger who has written and edited for top brands including The SUN, Punch, Newswatch, Pulse.ng, Bigsam Media, Nigerian Bulletin, Swish Interativ, Hello Nigeria, National LIFE, iCampus, Jobberman and Cheki.

https://www.privateproperty.com.ng/news/quit-notice/#:~:text=Depending%20on%20Rivers%20State%20Tenancy,will%20be%207%20days%20notice.

2 Likes

Re: Quit Notice To A Tenant by sammirano: 8:56pm On May 08, 2021
ZaRuleOfLaw:

which state? I don't know how Lagos people do it, but in other places, you don't need a lawyer to issue quit notice. I kicked out one stupid couple who were vandalizing my apartment 2 yrs ago, without a lawyer. it took 14 days. the fool initially boasted that he had the right to one year notice LOL. something is inherently wrong with tenants from the flat*head region. every opportunity is used to create problems. Nepa bill, borehole servicing etc. I won't be accommodating them henceforth.

You get mind accompdate flatty for your house.Noone ever wants to have anything to do with those ungrateful bastards. In my house once i hear I. just lock my door.

1 Like

Re: Quit Notice To A Tenant by observanc1: 9:00pm On May 08, 2021
Draslo:

Not a sense of entitlement. By law, I'm entitled to six months.
the 6 months, wount u pay for it?
Re: Quit Notice To A Tenant by Royruky(m): 9:05pm On May 08, 2021
colestephan86:

You don't have to be emotional about it, go read Lagos tenancy law

The person who is emotional is you. Kindly cite the relevant section of the Lagos Tenancy Law.

No law in Nigeria gives Police powers with respect to tenancy issues.

Add the Police Act to your reading list.
Re: Quit Notice To A Tenant by maasoap(m): 9:09pm On May 08, 2021
petitmonde:


Lol.
Na the stubborn ones I dey even dey like pass.
You need to see them when they realise they have no damn right when all provisions and avenues provided by law are exhausted.

If they were wise, they would have been preparing for ahead of the time when all legal provisions and avenues would be exhausted. All those avenues are just to buy time.
Re: Quit Notice To A Tenant by utepu: 9:11pm On May 08, 2021
Sometimes dialogue helps.

1 Like

Re: Quit Notice To A Tenant by Deen112: 9:12pm On May 08, 2021
Just paste the Quit notice on her door and make sure to snap the picture. Keep as evidence when ask in court simple.
Re: Quit Notice To A Tenant by adebwalex(m): 9:18pm On May 08, 2021
yomi007k:



Go and build your house and stop talking trash.
Mumu Do you know wether I have a house? Very arrogant and proud of you...Fool
Re: Quit Notice To A Tenant by GboyegaD(m): 9:19pm On May 08, 2021
djsjxjfjdisjdjb:


by law i am entitled to 6months after my rent expires. period!

God no go shame your landlord(lady).
Re: Quit Notice To A Tenant by mystery22: 9:20pm On May 08, 2021
ZaRuleOfLaw:

which state? I don't know how Lagos people do it, but in other places, you don't need a lawyer to issue quit notice. I kicked out one stupid couple who were vandalizing my apartment 2 yrs ago, without a lawyer. it took 14 days. the fool initially boasted that he had the right to one year notice LOL. something is inherently wrong with tenants from the flat*head region. every opportunity is used to create problems. Nepa bill, borehole servicing etc. I won't be accommodating them henceforth.
landlord in idp camp or where

(1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (Reply)

Tiger Or Sumec Firman Which Is Better / Houses In Oshodi Demolished As Owners Cry Out (Photos) / Roofing Sheet Price List In Nigeria (2020 Vs 2024)

(Go Up)

Sections: politics (1) business autos (1) jobs (1) career education (1) romance computers phones travel sports fashion health
religion celebs tv-movies music-radio literature webmasters programming techmarket

Links: (1) (2) (3) (4) (5) (6) (7) (8) (9) (10)

Nairaland - Copyright © 2005 - 2024 Oluwaseun Osewa. All rights reserved. See How To Advertise. 90
Disclaimer: Every Nairaland member is solely responsible for anything that he/she posts or uploads on Nairaland.