₦airaland Forum

Oyindamolah:
Let's discuss

DrinkWater10:
Thank you for the kind response. We re in the final stage of our tennanu case, our lawyer says that the Bailiff is demanding 60k thereabouts to come and evacuate our defaulting Tennant (1year+). Is this the norm?

OhiOfIhima:
It you have a good relationship with your tenant, you will know if he or she want to renew the rent, but once the tenant show reluctance, contact a solicitor to issue him or her a quit notice after the rentage must have elapsed. It can be immediately or as you wish.

driand:
do you practice law? If yes, where? I need a property manager in Lagos..

OhiOfIhima:
Thank you... I am not a lawyer but I have worked and still working in a law firm for over 4yrs now Sir.

Property management is our main core sir..
Our office located at Adeniyi Jones, Ikeja.
Thank you.

BarrSly:
Which kind of lawyer do you have sef

It’s simple. As long as he owes you rent you don’t have to give him the 6 months notice rather 7 days notice of owners intention to recover premises thereafter you charge him to court.

Now this is the trick. In a Tenancy Recovery matter where the defendant tries to play smart and not come to court, all your lawyer has to do is apply for default/summary judgement as from all indications the tenants are not ready to appear for the matter. (25 days tops the tenant is out).

Where are you situated?

udejiga17:
Take him to Lagos state citizen mediation center… matter will be solve before you know it.. I have evacuated 3 of my tenant this way.. it absolutely free of charge .

OhiOfIhima:
Thank you... I am not a lawyer but I have worked and still working in a law firm for over 4yrs now Sir.

Property management is our main core sir..
Our office located at Adeniyi Jones, Ikeja.
Thank you.

driand:
can you help me on that property issue? I need someone to effectively manage the place... Please let me know if you are interested...

DrinkWater10:
That was what I said too.

teemy:
@ Ohyinyeah, was the court notice given to the tenant or notice pasted on his door by the court bailiff?

No self-help as this might be the pit being dug for you.

Go through this post https://www.nairaland.com/post/85073413



Normally, after the defendant is not showing up and the bailiff shows evidence of summons delivery which is by doing one of the two above, the judge progresses the case to the next stage.

Your lawyer should have confirmed the bailiff delivered and mentioned it to the judge that the paper was delivered and as such the defendant had no reason not to show up but was ignoring the court and so the case should proceed to mentionor hearing. (appearance - mention - hearing - judgement. That is the court steps. I don't know which step you are at). If the judge does not hear this from the lawyer those words, the case na everlasting, and as such you keep paying appearance fees.

Hope in the court filing, your lawyer asked for mense profits which is rent from the time of the court filing till when the case is ended. The initial debt is 1 year and the 2 years more now is the mense profits. Hope also any outstanding utility like power and water bills is included in that lawyer's filing. If your lawyer added these and the above of calling the judge to the bailiff delivery, then the delay is simply court delay but if otherwise, you have an enemy within. Take note that a new lawyer can continue from where the old lawyer left off.

In addition Ohyinyeah, you may visit the court register and ask for informal advice. You could get a bit of it that could help you.

Wishing you well - Teemy

teemy:
Firstly, I wish to congratulate you for not falling into your tenant's trap. He would have just claimed you destroyed something his livelihood depends on or you stole a 45 million His office gave to him. There is a due process under the law and I will explain it to you now.

Rent court is faster in these cases than magistrate as magistrate court handles all types of cases. So, go to your local govt office to asked for the location of the rent court and liase with any court clerk there. For rent court, I am not sure but I believe you don't need a lawyer to file your cade but to be sure, the clerk will out you through. If a lawyer is required, they can also give you a lawyer's contact.

If it is magistrate court, you will be needing a lawyer and the rest of the process is about the same.

For an owing tenant, you didn't even need to give a six months quit notice only the seven days notice. However, some states like in my Oyo state requires a one month quit notice before the seven days quit notice. Either way, you've more than compensated for it with the six months and then the seven days notices. Now you go to court. (Had to explain this much due to other readers).

Your lawyer or you (if rent court) files the case and a court notice is sent to the tenant. If he is seen, whether he accepts the notice or not, as long as the bailiff tells him and throws down the paper or gives it to him, it is as good as served and he has no excuse whatsoever as long as the bailiff lays eyes on him.

The process at court is

Mention, hearing, judgement.

The other parts could be skipped if he accepts to actually owing on the first day and sometimes the judge could just wrap everything up and deliver judgement right away saving everyone time. The judge would never say he must move instantly but will still give him time to move but the good thing is the judge will will acceed to your prayers.

Prayers in court terms means request. While discussing with your lawyer, list it all. It should include

That he leaves,
That he pays up all outstanding rent covering all the period he is owing till now (the 10 months)
That he pays all potential rent from now till when court asks him to leave (called mense profits)
That he pays for the court case (the son of a wonderful creature of God has to be taught a lesson)

Now the court might not grant the last one unless you prove you indeed had enough patience with him (in my case, the female judge said she didn't want to lay too much financial burden on her being a student. I've seen another judgement where it was approved). A statement from the resolution centre and/or copies of those quit notices will nail his coffin. The court will certainly ask him to move as well as pay all monies till he leaves.

It might take time but you will have your wish done. The lady I got a court judgement against packed out and even locked the door but we kept pasting all notices on her door. When she knew we did not break the door open and falling into her trap, she came back to open it herself after a week. The court processes still went on till judgement was made even in her absence.

What if he does not leave even after the judgement was said to his ears or posted on his door and he does not leave?

You still go back to court and the court gives you a registrar and police escort to evict him and also a garnishee order to his banh to have the money transferred to you. (Thank God for BVN). As long as he makes money in this Nigeria, you will have your money back. Just find his account details and he is toast.

There is a process and the law works.

Wishing you well - Teemy

teemy:
Once a tenant defaults within 7 days from due date, he becomes a tenant-at-will meaning his tenancy is at the will of the landlord.

The landlord has to give him a 7 days notice to quit (this differs from state to state. Oyo state is one month notice and then followed by the 7 days notice)

I will explain the one month notice again. It has to cover a first of the month and the end of the month meaning for November, you must issue the one month notice BEFORE the 1st of November and on the first of December, you then can issue the 7 days notice. If you missed October 31 and gave the notice on the first of November, the one month notice will start from that November but end at December 31st. The first date and last date of the month must be unique.

For service of the notice, you have to go with two copies. You serve one and the tenant signs the other. If you can't find the tenant or the tenant refuses to sign, just paste the copy on the entrance door and take a picture. That is all.

After the 7 days (as I mentioned depends on the state) you can then approach the rent court if you have in your vicinity (cheaper and faster) or get a lawyer that will take up your case at the magistrate court. Your prayers will be for the outstanding rent, any rent till the tenant finally moves based on date set by court (called 'mense profits') and the eviction of the tenant. This may take a few months depending on adjournments but within 1-3/4 appearances, your case will be settled.

One way of making it worth your while is to ask the court among your prayers to grant you the lawyer's service fee as it was extra cost to you. If you do this once on a scapegoat, all the others will buckle up and see you as a peaceful yet no-nonsense landlord. They will keep telling the stories that staying past their due dates does not pay them at all.

I hope I answered your question.

Wishing you well - Teemy

teemy:
On the contrary it does not work like that. That tenant is just deceiving himself. Any period of time used would be paid for. The court will calculate his debt, have him pay and have him leave. All you need to do for an owing tenant is provide him with a SEVEN DAYS NOTICE before you proceed to the magistrate court to get an order for repossession and rent recovery. Depending on where you live, like in my area here it only takes no more than two weeks. Ask the probable time from the court registrar. You do not even need a lawyer to file it but ensure you have all proof in triplicates before the court date and ensure there is no loophole the tenant that try to twist things. (provide video or audio recordings showing the tenant boasting of having the money and not wanting to pay to nail his coffin with - be discrete in obtaining this).

One lesson and all the other tenants will fall in place.

By the way, you can serve a quit notice to your tenant right from the day they move in and let them know you would present it in court and it comes into effect should they default by due date.

12. Length of Notice
(1) Where there is no stipulation as to the notice to be given by either party to determine the tenancy, the following shall apply
(a) a weeks notice for a tenant at will;
(b) one (1) months notice for a monthly tenant;
(c ) three (3) months notice for a quarterly tenant;
(d) three (3) months notice for a half-yearly tenant; and
(e) six (6) months notice for a yearly tenant.
(2) In the case of monthly tenant, where he is in arrears of rent for three (3) months, the tenancy shall be determined and the Court shall make an order for possession and arrears of rent upon proof of the arrears by the landlord.
(3) In the case of a quarterly or half-yearly tenant, where he is in arrears of rent for six (6) months, the tenancy shall be determined and the Court shall make an order for possession and arrears of rent upon proof of the arrears by the landlord.
(4) Notice of tenants under subsection (1) ( ), (d) and (e) of this Section need not terminate on the anniversary of the tenancy but may terminate on or after the date of expiration of the tenancy.
(5) In the case of a tenancy for a fixed term, no notice to quit shall be required once the tenancy has been determined by effluxion of time and where the landlord intends to proceed to Court to recover possession, he shall serve a seven (7) days written notice of his intention to apply to recover possession as in Form “TL4” in the Schedule of this Law.
(6) The nature of a tenancy shall, in the absence of any evidence to the contrary, be determined by reference to the time when the rent is paid or demanded.

The one month notice, three months and six months in the subsection 1 above applies in cases when you guys did not determine when tenancy ends. If any tenant is owing and you determined the end of tenancy contract beforehand, all you need is the Seven Day Notice. Serve him and when he lands in court, watch his bubble burst when the magistrate corrects him

BarrSly:
Which kind of lawyer do you have sef

It’s simple. As long as he owes you rent you don’t have to give him the 6 months notice rather 7 days notice of owners intention to recover premises thereafter you charge him to court.

Now this is the trick. In a Tenancy Recovery matter where the defendant tries to play smart and not come to court, all your lawyer has to do is apply for default/summary judgement as from all indications the tenants are not ready to appear for the matter. (25 days tops the tenant is out).

Where are you situated?

driand:
which court is better to approach in this circumstance? And can I file the court case myself?

driand:
I sent you an email, I'd like to seek advice from...

driand:
which court is better to approach in this circumstance? And can I file the court case myself?

teemy:
@ Ohyinyeah, was the court notice given to the tenant or notice pasted on his door by the court bailiff?

No self-help as this might be the pit being dug for you.

Go through this post https://www.nairaland.com/post/85073413



Normally, after the defendant is not showing up and the bailiff shows evidence of summons delivery which is by doing one of the two above, the judge progresses the case to the next stage.

Your lawyer should have confirmed the bailiff delivered and mentioned it to the judge that the paper was delivered and as such the defendant had no reason not to show up but was ignoring the court and so the case should proceed to mentionor hearing. (appearance - mention - hearing - judgement. That is the court steps. I don't know which step you are at). If the judge does not hear this from the lawyer those words, the case na everlasting, and as such you keep paying appearance fees.

Hope in the court filing, your lawyer asked for mense profits which is rent from the time of the court filing till when the case is ended. The initial debt is 1 year and the 2 years more now is the mense profits. Hope also any outstanding utility like power and water bills is included in that lawyer's filing. If your lawyer added these and the above of calling the judge to the bailiff delivery, then the delay is simply court delay but if otherwise, you have an enemy within. Take note that a new lawyer can continue from where the old lawyer left off.

In addition Ohyinyeah, you may visit the court register and ask for informal advice. You could get a bit of it that could help you.

Wishing you well - Teemy

Painedsoul:
Oga what if you throw this person out after you've gone to court because of impatience due to intolerable adjournments and unnecessary court delay? What's the worst case scenario you have personally witnessed or heard?

teemy:
They could sue you for what was or what wasn't depending on how greedy their lawyer is. At the same time, your own lawyer could give you a better solution and turn things around. It is a matter of who expresses the law the most.

In all, always wait for the final court judgment. Even the judge could vex against both parties.

OhiOfIhima:
Yes, they do charge bcoz while going for the evacuation, they go with some police escort and the police are independent entities not attached to the court but they will be sorted from any close by police post and they have to be paid. Even the bailiffs charge too. You know sysm of Nigeria naw, the lawyer might add his own share. You can plead them for like 30-40k, the last one we did, my Boss paid 30k.

DrinkWater10:
Boss thanks for your replies. The eviction case we started since January last year ended around march. We paid the lawyer for Bailiff execution, however for like 2 months now, the Bailiff has been telling us that Panti hasn't approved their request for police officers. We asked if he couldn't use officers from nearby check points and he said, it wasn't allowed or something. We re really confused and we re considering going to meet them in person. What would you suggest we do?
Once again thank you for your responses.

OhiOfIhima:
If you have the CTC with you or ur counsel.. Take it to the sheriff who the suit was assigned to. The counsel know him or her, the sheriff will help you guys sort 4 police escort. Is the sheriff or bailiff who have the right to eject the tenant after the court judgement. Police alone can't do that.

OhiOfIhima:
If you have the CTC with you or ur counsel.. Take it to the sheriff who the suit was assigned to. The counsel know him or her, the sheriff will help you guys sort 4 police escort. Is the sheriff or bailiff who have the right to eject the tenant after the court judgement. Police alone can't do that.

gassbee:
CTC means wat

Painedsoul:
Oga what if you throw this person out after you've gone to court because of impatience due to intolerable adjournments and unnecessary court delay? What's the worst case scenario you have personally witnessed or heard?

gassbee:
is advisable not to take law into your hands, i understand how the adjournment n delays can b so frustrating .
Is better u wait for d court to give his judgement

Threesha:
y?

teemy:
@ Ohyinyeah, was the court notice given to the tenant or notice pasted on his door by the court bailiff?

No self-help as this might be the pit being dug for you.

Go through this post https://www.nairaland.com/post/85073413



Normally, after the defendant is not showing up and the bailiff shows evidence of summons delivery which is by doing one of the two above, the judge progresses the case to the next stage.

Your lawyer should have confirmed the bailiff delivered and mentioned it to the judge that the paper was delivered and as such the defendant had no reason not to show up but was ignoring the court and so the case should proceed to mentionor hearing. (appearance - mention - hearing - judgement. That is the court steps. I don't know which step you are at). If the judge does not hear this from the lawyer those words, the case na everlasting, and as such you keep paying appearance fees.

Hope in the court filing, your lawyer asked for mense profits which is rent from the time of the court filing till when the case is ended. The initial debt is 1 year and the 2 years more now is the mense profits. Hope also any outstanding utility like power and water bills is included in that lawyer's filing. If your lawyer added these and the above of calling the judge to the bailiff delivery, then the delay is simply court delay but if otherwise, you have an enemy within. Take note that a new lawyer can continue from where the old lawyer left off.

In addition Ohyinyeah, you may visit the court register and ask for informal advice. You could get a bit of it that could help you.

Wishing you well - Teemy

Painedsoul:
Boss, like how much is a good enough litigation fee I can place in my claims or is it the magistrate that determines that?. The idiot I have in my house is a peculiar one and I want that bitter lesson for him

teemy:
The first thing is don't be emotional in pursuing the case as the tenant could get a lawyer that could push your buttons and you misbehave in court.

The litigation fees come from the lawyer and as such he/she should (it varies) put the stated amount into the plea. Other costs include the bailiff costs and so on. Your lawyer would know how to go about it all.

teemy:
The first thing is don't be emotional in pursuing the case as the tenant could get a lawyer that could push your buttons and you misbehave in court.

The litigation fees come from the lawyer and as such he/she should (it varies) put the stated amount into the plea. Other costs include the bailiff costs and so on. Your lawyer would know how to go about it all.