₦airaland Forum

younglawya:
Most tenants Don't know their rights in Nigeria. The summary of the process in eviction of a tenant from the landlords property is

1. Provision of a 6 month quit notice( applicable for a yearly tenant)

2. After that, if the tenant refuses to leave the premises, the landlord issues a 7 days Notice of owners intention to recover posession.

3. If the tenant refuses to leave, the landlord goes to court and issues a Writ for recovery of premises. This writ has to be served on the Tenant. The tenant thus has to go to court.


THIS PROCEDURE TAKES ALMOST A YEAR.

If any landlord does not follow this procedure he will be in trouble with the Law.

For more Information I can be reached on 07037836881 or 2bc42c35

younglawya:
It is Legal. My Thinking is that the landlord does it to encourage the tenant to pay his next rent or with the aim of increasing it.

notttty:
Hmm pls I ve a case like this... My rent expired in April I asked the landlord to give me one month to take salary and complete the with the one I have and pay the rent. A week after we had this discussion the agent sent me a quit notice, being confidence of my ability to pay I ignored and two weeks later the landlord asked me to pay half so that it will enable me to look for another house which I comply and paid him 175k which is the supposed half think by November I will look for another house cos honestly I'm tired of the rules in the compound cos u can't come home past 10pm u will be locked out by the gateman and the dogs in the compound are very destructive as well.. They eat visitors shoes and can climb the burglary anytime to do one thing or the other.... So a week after I paid the half which is 175k I came back from the office and met a court notice on my door requesting I show up in court by July 6...at this point I lost it nd confront the landlord which he said he wants me out cos u threaten to kill his dogs but on the court notice he mention several lies including me not able to pay rent for the past year till date among few they mentioned there which futunately I have all my receipts and bank tellers of payment from the inception till date. Now am due to appear in court and I don't know how to go about it.. I need a lawyer and an advise.... I ve all the tellers of payment till this last one and audio recording of my calls with his agent and himself.. I think I ve enough evidence to pull tru... But my question is can u evict somebody that have an active rent.... Cos I'm confused...

INTROVERT:
Quite enlightening.

I have a problem with the 6months quit notice for 1 year payers.

vimi:
When uu just paid for ur house rent n Mr landlord says uu can't bring chics into his flat

ewizard1:
IMO... i agree with all but number 1. (For landlords that dont make use of Lawyers or agents)

Machiny:
just get a lawyer and go to court.with wht you stated here.the landlord just nailed himself.never can a jugde give judgement to vacate your house imediately except you have bn given a notices before then.tel your lawyer to ask for a refund of your 6months and time to look for another plc because your life is threatened wit the behavior of your landlord

FarmTech:
..
Does landlords have any right? Will all those months be free of charge or will the tenant pay up?

whirlwind7:
Qkay, @OP, here's my question:
For a tenant who pays yearly rent and is entitled to 6 months notice, at what time should the notice be served, and deemed legal?

Is it after his rent elapses and is due for renewal, or
Is it in between rents, i.e, say, about 6 months before his rent elapses?

I ask this because I know about someone who pays yearly rent, and halfway into his tenancy, he got a notice to quit from his landlord. He has about 6 more months before his next rent is due.
He doesn't default on his rent, pays up regularly. Is this right, or legal?
There was absolutely no reason given for the notice.

hahn:
My landlord gave me a quit notice this month citing the reason as being "long overdue renovation for which the materials are ready". I already paid my full year's rent in January and it's supposed to expire next year. What I really want to know is, is he supposed to return my rent ie from June till next year while I stay for the period of the 6 months quit notice or is the 6 months quit notice still part of my rent

I assume that from the moment he decided to give me the quit notice I'm no longer supposed to live under my rent but the duration of the quit notice.

When I asked him to give me my balance, he said that he will only give me on the condition that I leave on the same day or next of the refund

hahn:
I assume that from the moment he decided to give me the quit notice I'm no longer supposed to live under my rent but the duration of the quit notice.

MaziOmenuko:
Am I still obligated to give 6months notice to a tenant who hasn't paid his rent for 6months now?

Is a tenant served a notice lawfully bound to pay rent during the duration of notice?

Most tenants believe they are not to pay rent once served a notice: and for the case of the tenant owing 6months rent, it means once served, he may decide to stay all thru the duration of the notice without paying: a total of 1 year!

younglawya:
Your Landlord is correct. However, you can fight it in court

FarmTech:
..
Does landlords have any right? Will all those months be free of charge or will the tenant pay up?

Machiny:
what the law states is a 6months notice. So as a landlord,and you want your tenant to pack out.you issue him a notice of 6months while his rent for 1yr is at the 6month..whereby his remaining 6months also count to his notice.because law states 6months notice.so wen ever it is given does not matter.but shld be on the expiration of the rent

MaziOmenuko:
Exactly as I said earlier! This is the general believe of all tenants that once they're served a 6months notice, it is free rent for the 6months duration.
Such thinking is criminal and if the law allows such, its a big gap and should be amended.

Infact, I've learnt something new: I think the idea of serving tenants quit notice 6months into their tenancy is the best. As such, the tenant will be given an option of renewing his rent immediately it expires or pack out with no further delays. If he pays, the notice will be cancelled and 6mnths later, another one will be served.

younglawya:
Most tenants refuse to pay after being given the notice. The land lord can however sue them in court for what is called MESNE PROFITS

clip:
What is the possibility of the landlord winning the case and if he wins,
How will he collect the judge verdict on rent unpaid?
We have been discussing 6and 12 months tenant.
What is the right of the monthly tenant,aside the one month notice. If the one month notice by the landlord expired,What is next for the tenant?

wisdomguy4u:
The landlord is under obligation like every other tenants to pay taxes such as Nepa bill. In such case the tenants can complain to the authority in charge of Nepa bill , so that ur landlord's light will be disconnected.

But b4 u do anything ensure that you guys haven't ignorantly attest to pay for your landlord in the tenancy agreement .

yorubaboiy:
same fate!!!!......i sed dey wont evn build one nt to talk of bkoming landlords........do u think am joking......my dad willed dah property to me and he was never tenant not to talk of suffering a landlord to this extent.


bro plxx no vex......am already angry

younglawya:
Most tenants Don't know their rights in Nigeria. The summary of the process in eviction of a tenant from the landlords property is

1. Provision of a 6 month quit notice( applicable for a yearly tenant)

2. After that, if the tenant refuses to leave the premises, the landlord issues a 7 days Notice of owners intention to recover posession.

3. If the tenant refuses to leave, the landlord goes to court and issues a Writ for recovery of premises. This writ has to be served on the Tenant. The tenant thus has to go to court.


THIS PROCEDURE TAKES ALMOST A YEAR.

If any landlord does not follow this procedure he will be in trouble with the Law.

For more Information I can be reached on 07037836881 or 2bc42c35

notttty:
Hmm pls I ve a case like this... My rent expired in April I asked the landlord to give me one month to take salary and complete the with the one I have and pay the rent. A week after we had this discussion the agent sent me a quit notice, being confidence of my ability to pay I ignored and two weeks later the landlord asked me to pay half so that it will enable me to look for another house which I comply and paid him 175k which is the supposed half think by November I will look for another house cos honestly I'm tired of the rules in the compound cos u can't come home past 10pm u will be locked out by the gateman and the dogs in the compound are very destructive as well.. They eat visitors shoes and can climb the burglary anytime to do one thing or the other.... So a week after I paid the half which is 175k I came back from the office and met a court notice on my door requesting I show up in court by July 6...at this point I lost it nd confront the landlord which he said he wants me out cos u threaten to kill his dogs but on the court notice he mention several lies including me not able to pay rent for the past year till date among few they mentioned there which futunately I have all my receipts and bank tellers of payment from the inception till date. Now am due to appear in court and I don't know how to go about it.. I need a lawyer and an advise.... I ve all the tellers of payment till this last one and audio recording of my calls with his agent and himself.. I think I ve enough evidence to pull tru... But my question is can u evict somebody that have an active rent.... Cos I'm confused...

INTROVERT:
Quite enlightening.

I have a problem with the 6months quit notice for 1 year payers.

MaziOmenuko:
Am I still obligated to give 6months notice to a tenant who hasn't paid his rent for 6months now?

Is a tenant served a notice lawfully bound to pay rent during the duration of notice?

Most tenants believe they are not to pay rent once served a notice: and for the case of the tenant owing 6months rent, it means once served, he may decide to stay all thru the duration of the notice without paying: a total of 1 year!

allanphash7:
Lagos landlord must read this


They will frustrate you till you park out yourself

yorubaboiy:
2YEARS DOWN + EXTRA 6MONTHS(given to dem again last year by the court) ...DEY HAVENT PAID......ANYTIME WE TAKE DEM TO COURT the judge will always tell us to be giving them 6months......now they are owing us beyond ''be careful''.....recently when this six months expired we charged them to court again..now even the court is tired and asked them to leave...now they are begging....evn God knws i wont accept


now for you to knw aw wicked they are ......... apart from owing such amount(house rent of 450000 per year) they are still owing nepa....and according to the bill its over #200000 ....the question nw is the money they make what do dey use it to do

building the house the house they wont get to liv in i guess

wisdomguy4u:
A notice to quit does not barr a tenant from paying rent. Am application for rent recovery can be instituted against the tenant. If he still refuse to pay his rent, the court can give order for his properties to be ceased and option for sale to recovery the rent debt

wisdomguy4u:
It's a known fact that most people are not learned in terms of their legal rights as regard to tenancy, this has given some landlords(rent lawyers) the onus to act in such a reckless and unlawful ways toward their tenants without any fear of percussion. You can only defend your right when you know you have a right.

This are some unlawful acts often perpetrated by landlords towards their ignorant tenants:

1. Inadequate eviction: Locking out tenants, and physically throwing them of their property or assaulting him for his inability to pay rent at when due. Only the court can order and carry out the eviction of tenants, it's a legal wrong for a landlord or a rent lawyer to in anyway evict a tenants without an adequate court process. A tenant when unable to pay rent as at when due, is still a lawful tenant and must be treated with respect. A tenant who is inadequately evict due to inability to pay rent ,has a legal right to sue the landlord for damages.

2. Inadequate notice to quit: The duration of time for which the notice to quit will expire is determine by the kind of tenancy relationship existing between the tenant and it's landlord. The landlord has no right to quit the tenant anytime he likes .
* where the tenant pays monthly: the law requires that he is entitled to full one month notice.
* where the tenant pays every six months: he will be entitled to a full three months notice.
* where the tenant pays yearly: he will be entitled to six months notice.

Any notice short of the above stipulated notices is unlawful and gives the tenant right to sue for unlawful eviction.

3. Interference in the tenant privacy: The landlord has no right to walk into the tenant's apartment or make use of any of his property without an express permission from the tenant. The tenant is by law in exclusive possession and can sue his landlord for trespass if the landlord comes into his apartment without his permission. The landlord has no legal right to decide who visit his tenant unless the visitors constitute a nuisance to other tenants.

4. Inhabitable condition of the premises: it's an implied term of tenancy agreement that a landlord who let a building out must ensure that the building is in good condition. Where a tenant after paying rent, discovers that the house is not in a habitable condition, he has a legal right to sue the landlord for refund of rent and adequate compensate for the inconveniences he caused him. There are many cases where a tenant park into a house during the dry season, and when raining season comes, the house gets flooded, or the roof leaks or any other unbearable inconvenience .

5. Repairs of premises: The landlord has no right to compare his tenant to carry out all repairs in the premises. It's the duty of the landlord to carry out major (external and structural) repairs like damaged roof , cracked or collapse walls e.t.c . while the tenant carry out minors (interior)repairs like damage doors, window, sockets e.t.c


Note: However this tenancy right is sometimes varied by landlords in the agreement between them and their tenants , Where the tenant ignorantly waves any of his right in a Tenancy Agreement, he is bound by it. This is why you are advise to read and understand the Tenancy Agreement before you attest your signature on it.

anibo2:
Nah we didn't atleast I know what I signed.
Since the landlord died, the landlady feels she doesn't hv to pay Nepa bills and keep giving stupid excuses. We found out about this when they stopped collecting the money and it was assigned to and we found out we've been paying for her. We spoke to some Nepa officials and they said they can't interfare.

cole265:
The evils of tenants are worse than those landlords. It's not worth it to rent apartment out to individuals as residential most expecially. ...better to corporate organisations and company's if u are lucky.