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I was Served An Eviction Notice While My Rent Hasn't Expired. Please Help - Properties - Nairaland

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I was Served An Eviction Notice While My Rent Hasn't Expired. Please Help by Alvanbenjamin: 12:10am On Jan 19, 2022
Good morning everyone.
Please I had a shop I was making use of till I gained admission 8nto the university and still paid for the shop without use for over 2 years...
After the pandemic in 2020, I decided to rent the shop out cause I was seriously affected and was already in my final year... I paid two years rent for the shop, running from February 2021to January 2023. Then I got a letter about rent increase, few months it was followed by the court order...

Please is this right? What should I do ?
The first picture is the receipt I was issued after payment, the 2nd is the increase letter and then the one sent from the court.

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Re: I was Served An Eviction Notice While My Rent Hasn't Expired. Please Help by FuckDModz: 12:14am On Jan 19, 2022
Ogbeni if you can't pay, collect your change and move on.

Any other option will still cost you more.

This is Nigeria.

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Re: I was Served An Eviction Notice While My Rent Hasn't Expired. Please Help by Alvanbenjamin: 12:45am On Jan 19, 2022
FuckDModz:
Ogbeni if you can't pay, collect your change and move on.

Any other option will still cost you more.

This is Nigeria.



Are they even giving that option to me ? And again what's the point in taking they money ? It has definitely depreciated. If I had invested it into something it would have yielded profits nh

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Re: I was Served An Eviction Notice While My Rent Hasn't Expired. Please Help by FuckDModz: 12:53am On Jan 19, 2022
Alvanbenjamin:




Are they even giving that option to me ? And again what's the point in taking they money ? It has definitely depreciated. If I had invested it into something it would have yielded profits nh

Exactly why the landlord needs more money.

People pay per month elsewhere.

5 Likes 1 Share

Re: I was Served An Eviction Notice While My Rent Hasn't Expired. Please Help by smile11s(m): 3:47am On Jan 19, 2022
Na wa o

But if you don’t pay rent, then you can be evicted by court.

https://gist.am/question/i-was-served-an-eviction-notice-while-my-rent-hasnt-expired-please-help

2 Likes

Re: I was Served An Eviction Notice While My Rent Hasn't Expired. Please Help by Transporter20: 3:47am On Jan 19, 2022
Say what
Re: I was Served An Eviction Notice While My Rent Hasn't Expired. Please Help by MANNABBQGRILLS: 3:48am On Jan 19, 2022
Your tenancy carries on until you leave voluntarily or you are evicted by the court.

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Re: I was Served An Eviction Notice While My Rent Hasn't Expired. Please Help by Nobody: 3:48am On Jan 19, 2022
Alvanbenjamin:
Good morning everyone.
Please I had a shop I was making use of till I gained admission 8nto the university and still paid for the shop without use for over 2 years...
After the pandemic in 2020, I decided to rent the shop out cause I was seriously affected and was already in my final year... I paid two years rent for the shop, running from February 2021to January 2023. Then I got a letter about rent increase, few months it was followed by the court order...

Please is this right? What should I do ?
The first picture is the receipt I was issued after payment, the 2nd is the increase letter and then the one sent from the court.

Where to start

1. You rented shop and you were not using it

2. You then turned to junior landlord and rented out the same shop that you were renting

3. No wonder the landlord chased you out

4. Anyway, did you sign a written rental agreement with the landlord?
Did the agreement allow you to do what you have been doing IE rent out the shop that you are renting?
If it didn't,no wonder.
Also did the agreement state that the landlord could adjust the terms of the agreement if ' situations changed'?

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Re: I was Served An Eviction Notice While My Rent Hasn't Expired. Please Help by jlinkd78(m): 3:49am On Jan 19, 2022
N
Re: I was Served An Eviction Notice While My Rent Hasn't Expired. Please Help by gboyetade: 3:50am On Jan 19, 2022
I think it is wrong
Re: I was Served An Eviction Notice While My Rent Hasn't Expired. Please Help by overall90: 3:55am On Jan 19, 2022
I don't think you are providing the whole facts about the case here.
In the letter of increment,it is clearly stated that you can leave at the expiration of your tenancy if you can't pay the new rate meaning the increment is not the reason for the eviction notice.
Methinks you are being evicted because you are subletting the property without the consent of the landlord.
I might be wrong though because this country is one crazy jungle.

113 Likes 1 Share

Re: I was Served An Eviction Notice While My Rent Hasn't Expired. Please Help by Comedian2019: 3:59am On Jan 19, 2022
Did you sign an agreement? Was there a clause empowering the property owner to increase rent or change terms before your payment expires?
If there's no such clause, then the eviction notice is trash. Until your rent expires, only the court can evict you.
Eviction notice can be challenged in the court. So, call your lawyer.

7 Likes 1 Share

Re: I was Served An Eviction Notice While My Rent Hasn't Expired. Please Help by Steinmann: 4:00am On Jan 19, 2022
Take the war to them at court.

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Re: I was Served An Eviction Notice While My Rent Hasn't Expired. Please Help by Comedian2019: 4:01am On Jan 19, 2022
backbencher:


Where to start

1. You rented shop and you were not using it

2. You then turned to junior landlord and rented out the same shop that you were renting

3. No wonder the landlord chased you out

4. Anyway, did you sign a written rental agreement with the landlord?
Did the agreement allow you to do what you have been doing IE rent out the shop that you are renting?
If it didn't,no wonder.
Also did the agreement state that the landlord could adjust the terms of the agreement if ' situations changed'?
Nice one

2 Likes

Re: I was Served An Eviction Notice While My Rent Hasn't Expired. Please Help by coolcentbigman(m): 4:06am On Jan 19, 2022
backbencher:


Where to start

1. You rented shop and you were not using it

2. You then turned to junior landlord and rented out the same shop that you were renting

3. No wonder the landlord chased you out

4. Anyway, did you sign a written rental agreement with the landlord?
Did the agreement allow you to do what you have been doing IE rent out the shop that you are renting?
If it didn't,no wonder.
Also did the agreement state that the landlord could adjust the terms of the agreement if ' situations changed'?
Exactly Bro!!!
You understand the whole situation here, the landlord isn't just happy he is renting his shop out to another unknown individual and I doubted he even discussed it with the landlord before giving the shop out. Any reasonable landlord will take actions immediately and that's what his landlord his actually doing, the increment was just to scare him off the property and nothing more.

lesson to be learnt you don't turn junior landlord on someone's property without consulting the landlord and explaining things to him, believe me the landlord is just pissed up with his excesses.

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Re: I was Served An Eviction Notice While My Rent Hasn't Expired. Please Help by Rogerss(m): 4:09am On Jan 19, 2022
Alvanbenjamin:
Good morning everyone.
Please I had a shop I was making use of till I gained admission 8nto the university and still paid for the shop without use for over 2 years...
After the pandemic in 2020, I decided to rent the shop out cause I was seriously affected and was already in my final year... I paid two years rent for the shop, running from February 2021to January 2023. Then I got a letter about rent increase, few months it was followed by the court order...

Please is this right? What should I do ?
The first picture is the receipt I was issued after payment, the 2nd is the increase letter and then the one sent from the court.

The letter said at the expiration of your rent.
Your rent expires in 2023.
He cannot throw you out.
Look for a rent tribunal if he does.
The Lawyer is a charge and bail one.
He is expected to give a quit notice at the expiration of your rent assuming you are not renewing which you have 6 months to come to an agreement with.
He however brought that the notice before expiration of the rent which is not the law, hence charge and bail.

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Re: I was Served An Eviction Notice While My Rent Hasn't Expired. Please Help by ogaga4u2(m): 4:12am On Jan 19, 2022
You rented a shop but you are not using it then you rented the same shop ro another person. You are renting another person's house to somebody else? Did you follow him to build the house Oga?
Did you discuss with the landlord before renting the house to somebody else? If "no" is your answer to the above questions, he has every right to give you quit notice.

19 Likes

Re: I was Served An Eviction Notice While My Rent Hasn't Expired. Please Help by ipobarethieves: 4:13am On Jan 19, 2022
sad U are on point but why increased the rent b4 it expire/due?
backbencher:


Where to start

1. You rented shop and you were not using it

2. You then turned to junior landlord and rented out the same shop that you were renting

3. No wonder the landlord chased you out

4. Anyway, did you sign a written rental agreement with the landlord?
Did the agreement allow you to do what you have been doing IE rent out the shop that you are renting?
If it didn't,no wonder.
Also did the agreement state that the landlord could adjust the terms of the agreement if ' situations changed'?
Re: I was Served An Eviction Notice While My Rent Hasn't Expired. Please Help by Nobody: 4:19am On Jan 19, 2022
Re: I was Served An Eviction Notice While My Rent Hasn't Expired. Please Help by Nobody: 4:21am On Jan 19, 2022
Re: I was Served An Eviction Notice While My Rent Hasn't Expired. Please Help by Nobody: 4:27am On Jan 19, 2022
Alvanbenjamin:
Good morning everyone.
Please I had a shop I was making use of till I gained admission 8nto the university and still paid for the shop without use for over 2 years...
After the pandemic in 2020, I decided to rent the shop out cause I was seriously affected and was already in my final year... I paid two years rent for the shop, running from February 2021to January 2023. Then I got a letter about rent increase, few months it was followed by the court order...


Please is this right? What should I do ?
The first picture is the receipt I was issued after payment, the 2nd is the increase letter and then the one sent from the court.

Sadly it is private so the landlord is Being silly.

Also by subletting his shop you are in breach of contract as that is not your property to give out.
I had to laugh at “no more twisting of rent.Anybody that did not come with one year rent will not be accepted”.Most Lawyers these days cannot word a simple letter and i weep for our educational system.

By law you do not need to leave till the expiration of your rent in January 2023 neither does the increment concern you as you have paid.
Allow them take the matter to court and it will take forever and you can still use the place while that is going on but If you love peace of mind, you could discuss a refund with the attorney,am sure you can find another place as your progress isn’t tied to that particular shop.

Good luck for the future.

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Re: I was Served An Eviction Notice While My Rent Hasn't Expired. Please Help by TalkTalkTwins(m): 4:29am On Jan 19, 2022
hmm
Re: I was Served An Eviction Notice While My Rent Hasn't Expired. Please Help by Nobody: 4:30am On Jan 19, 2022
Alvanbenjamin:
Good morning everyone.
Please I had a shop I was making use of till I gained admission 8nto the university and still paid for the shop without use for over 2 years...
After the pandemic in 2020, I decided to rent the shop out cause I was seriously affected and was already in my final year... I paid two years rent for the shop, running from February 2021to January 2023. Then I got a letter about rent increase, few months it was followed by the court order...

Please is this right? What should I do ?
The first picture is the receipt I was issued after payment, the 2nd is the increase letter and then the one sent from the court.
Omooo it's not right. You paid the money when the value of the money was stronger. Meaning he enjoyed the money and spent it at a time it has more value, the increase in rent can't affect you until after the two years have expired. If to say you are to pay after the two years then it will affect you because the value of the money has reduced, but since you paid at that time, means u have paid for the value in full and since he has accepted the money at that time means he's okay with the deal.

Just look at this scenario.
You sell TVs
You bought 1 at N50 say in 2014
You sold it to me at N60. I did not carry the TV but I gave you the money.
DVD is N20 at the time, so you bought 3 with it.
This means that you have enjoyed the value of the money as it is. So even if u come back after 10 years your TV will still be yours without having to add any money when TVs are now N80

But had it been u only priced the TV and didn't give him the money...u can't come after years when the TV prices are high and expect him to still collect the same price because things have gone up and the price has increased.

So your Landlord has no right to collect any additional money from you if you paid when the money has more value

4 Likes

Re: I was Served An Eviction Notice While My Rent Hasn't Expired. Please Help by Ezeego1(m): 4:53am On Jan 19, 2022
You have to see off your rent before packing out. Don't mind that man, so far the property wasn't sold to another person.
The shop is at sokoto road inside maim market.

If you cannot handle your landlord contact me i am in onitsha I will help you out.

8 Likes 1 Share

Re: I was Served An Eviction Notice While My Rent Hasn't Expired. Please Help by toxxnoni(m): 5:03am On Jan 19, 2022
Ff
Re: I was Served An Eviction Notice While My Rent Hasn't Expired. Please Help by smarttm: 5:06am On Jan 19, 2022
Alvanbenjamin:
Good morning everyone.
Please I had a shop I was making use of till I gained admission 8nto the university and still paid for the shop without use for over 2 years...
After the pandemic in 2020, I decided to rent the shop out cause I was seriously affected and was already in my final year... I paid two years rent for the shop, running from February 2021to January 2023. Then I got a letter about rent increase, few months it was followed by the court order...

Please is this right? What should I do ?
The first picture is the receipt I was issued after payment, the 2nd is the increase letter and then the one sent from the court.

You rent out someone's property and asking if its right to serve you a notice to quit...

3 Likes

Re: I was Served An Eviction Notice While My Rent Hasn't Expired. Please Help by President2001(m): 5:07am On Jan 19, 2022
- You lock someone Property you are paying for for 2 years
- You sublet the property out without knowledge of the owner because covid 19 affect you
The only advice I will give you is that returns the money you collect from third party and left the place

2 Likes

Re: I was Served An Eviction Notice While My Rent Hasn't Expired. Please Help by Nobody: 5:09am On Jan 19, 2022
Firstly to the FTC guy, did you comment without tentatively viewing the attached images particularly the first one?

A receipt was issued through February 2021 to January 2023 and on the second image a notice of rent increase for April 2021 (just 2 months after receiving a 2 years rent from a tenant)? And again, a quit notice issued in November 2021 after receiving and acknowledging 2years rent 10 months earlier. Besides not making sense legally, it is evidently inadmissible in any court and also senseless to any discerning mind. No increment can be effected on the affected property until such a time when the first contract has been exhausted, there no rent review on an existing contract period. On the Quit notice, this can stand but subject to the following:

1. If the tenant pays his/her rent monthly then you can effectively give a month's notice for vacation of premises otherwise in this case (bi-anually) a 6 month's notice to say the least is required.

2. If there's a tenable dispute leading to the issuance of the notice and same dispute is irreconcilable, full refund should be made to the tenant such that will enable him/her move out, however moving out is dependent on whether rent is refunded before and not after.

OP, you are free to seek redress in any court or same magistrare court armed with the above arguments and attached proofs, I am sure the magistrate will penalize the selfish/greedy dunderheads. Anything short of that is unlawful and wicked.

NOTE: MY OPINION ABOVE IS SHAPED BY THE DOCUMENTS AND DATES AS PRESENTED. THERE IS NO EVIDENCE OF THE OP RENTING OUT THE AFOREMENTIONED PROPERTY (YET), ALSO THE PERIOD OF RENT PAYMENT, INCREAMENT AS WELL AS QUIT NOTICE FALLS WITHIN THE PERIOD OF THE COVID 19 SCOURGE WITH INCREAMENT COMING JUST A MONTH AFTER.

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Re: I was Served An Eviction Notice While My Rent Hasn't Expired. Please Help by GboyegaD(m): 5:27am On Jan 19, 2022
Did you have a discussion with the property owner before renting it out? I am not sure you have the right to sublet a rented property without consent of the owners.

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