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Re: Does Landlord Have Right To Break And Enter Tenant's Flat? by money121(m): 7:01am On Jan 21, 2017
lipsrsealed lipsrsealed lipsrsealed
Re: Does Landlord Have Right To Break And Enter Tenant's Flat? by FuckTheMod: 7:01am On Jan 21, 2017
I no go gree o
Re: Does Landlord Have Right To Break And Enter Tenant's Flat? by patola080(m): 7:02am On Jan 21, 2017
[quote author=akintom post=52985506]A yearly tenant, who is occupying a three bedroom flat in a compound, that has another three bedroom flat occupied by the landlord and his family in the same compound.

The tenant has 3 months to the expiration of his rent. The tenant returned from a one week try trip, only to discover that his flat had been opened and strange properties packed in.

On enquiry from the landlord, the landlord's wife replied by saying - "don't be angry, one of my children had issues with his accommodation, therefore i packed his properties into your flat".

The tenant then asked how they gained entry (there's no sign of forceful entry), the landlord's son said - "i tried calling you, but no network connection, i then got a master key to open your door".
My brother nobody on earth hv d right to do dat ,so far dat u lock ur door b4 u go ,d son now use master key to enter your house,h hmmmmm u re in money,go gt a good lawyer and c how d case will end , u can tell d court can u kept all most ve a million in ur room self
Or wer do u base
Re: Does Landlord Have Right To Break And Enter Tenant's Flat? by madridguy(m): 7:07am On Jan 21, 2017
Is this an assumption or it happened to you?

akintom:
A yearly tenant, who is occupying a three bedroom flat in a compound, that has another three bedroom flat occupied by the landlord and his family in the same compound.

The tenant has 3 months to the expiration of his rent. The tenant returned from a one week try trip, only to discover that his flat had been opened and strange properties packed in.

On enquiry from the landlord, the landlord's wife replied by saying - "don't be angry, one of my children had issues with his accommodation, therefore i packed his properties into your flat".

The tenant then asked how they gained entry (there's no sign of forceful entry), the landlord's son said - "i tried calling you, but no network connection, i then got a master key to open your door".

QUESTION :

What legal action(s) can be instituted against the landlord by the tenant?
Re: Does Landlord Have Right To Break And Enter Tenant's Flat? by Lordsocrates: 7:10am On Jan 21, 2017
he has no right
Re: Does Landlord Have Right To Break And Enter Tenant's Flat? by princessayesha(f): 7:10am On Jan 21, 2017
May be you agreed to it on your contract document...always read a document bfore signing grin

1 Like

Re: Does Landlord Have Right To Break And Enter Tenant's Flat? by anjowaka510(m): 7:11am On Jan 21, 2017
highly ridiculous wc gut has the landlord to enter ur house while u are nt around,it is punishable under law
Re: Does Landlord Have Right To Break And Enter Tenant's Flat? by Royalfurnitures: 7:16am On Jan 21, 2017
No, it is illegal

Please check out my signature for quality and durable furniture
Re: Does Landlord Have Right To Break And Enter Tenant's Flat? by kenx27(m): 7:17am On Jan 21, 2017
akintom:
A yearly tenant, who is occupying a three bedroom flat in a compound, that has another three bedroom flat occupied by the landlord and his family in the same compound.

The tenant has 3 months to the expiration of his rent. The tenant returned from a one week try trip, only to discover that his flat had been opened and strange properties packed in.

On enquiry from the landlord, the landlord's wife replied by saying - "don't be angry, one of my children had issues with his accommodation, therefore i packed his properties into your flat".

The tenant then asked how they gained entry (there's no sign of forceful entry), the landlord's son said - "i tried calling you, but no network connection, i then got a master key to open your door".

QUESTION :

What legal action(s) can be instituted against the landlord by the tenant?
That's breach of privacy! Illitrate Landlord...
Re: Does Landlord Have Right To Break And Enter Tenant's Flat? by olayinkajnr(m): 7:17am On Jan 21, 2017
2sa2:
you are an illiterate.


Lmao, big one

1 Like

Re: Does Landlord Have Right To Break And Enter Tenant's Flat? by kenx27(m): 7:21am On Jan 21, 2017
That's breach of privacy!
Re: Does Landlord Have Right To Break And Enter Tenant's Flat? by beautycrush24(f): 7:22am On Jan 21, 2017
jomoh:
I've always said it. In a sane environment the judicial system works perfectly, most Nigerians are criminals.

Imagine a landlord breaking into a tenants apartment because his son has accomodation issue. What nonsense.

I am very sure it must be a face-me-I-slap you house.

if u had read to understand and not just to hastily comment on d first page, u would have seen where the OP wrote 3 bedroom flat.

1 Like

Re: Does Landlord Have Right To Break And Enter Tenant's Flat? by ceejay80s(m): 7:23am On Jan 21, 2017
akintom:
A yearly tenant, who is occupying a three bedroom flat in a compound, that has another three bedroom flat occupied by the landlord and his family in the same compound.

The tenant has 3 months to the expiration of his rent. The tenant returned from a one week try trip, only to discover that his flat had been opened and strange properties packed in.

On enquiry from the landlord, the landlord's wife replied by saying - "don't be angry, one of my children had issues with his accommodation, therefore i packed his properties into your flat".

The tenant then asked how they gained entry (there's no sign of forceful entry), the landlord's son said - "i tried calling you, but no network connection, i then got a master key to open your door".

QUESTION :

What legal action(s) can be instituted against the landlord by the tenant?

She should be reported to the police, what kind of nonsense is that, thst house belongs to u until u pack out, I trust myself, I go tell police say 4million dey lost inside, when dey pay me ,I go take the money go rent another house, this is why I change my house key locks every 6months
Re: Does Landlord Have Right To Break And Enter Tenant's Flat? by Wiseandtrue(f): 7:29am On Jan 21, 2017
shocked it seems you do the same to your tenants. SMH
engrMikemd:
he owns d god damn house and he does whatever he likes

Re: Does Landlord Have Right To Break And Enter Tenant's Flat? by ceejay80s(m): 7:29am On Jan 21, 2017
spongebob0006:

says who? this is a criminal act .......there is no immunity for landlord o, nobody is above the law abeg

Don't mind him, he is a landlord, so he is covering for dem dem , make he come try am for my house, he go know say I be lucifer
Re: Does Landlord Have Right To Break And Enter Tenant's Flat? by Harinholar(f): 7:31am On Jan 21, 2017
Only an illiterate landlord wll do such ....If the tenant knw his right as a tenant he should take it up ...datz rubbish
Re: Does Landlord Have Right To Break And Enter Tenant's Flat? by bemagnify: 7:34am On Jan 21, 2017
From the legal perspective a landlord does not has any right whatsoever to break in to his Tenant apartment without the Tenant consent.

REASONS.

(1) The tenant still has an existing tenancy agreement

(2) The tenant has an exclusive possession of the property

SITUATIONS WHERE THE LAND LORD CAN BEAK INTO THE APARTMENT

(1) EMERGENCY SITUATIONS: it is only in a emergency situations that the land lord can break in, emergency situations like fire in the apartment.


(2) Consent of the tenant


(3) warrant from the court or police.


Please Op WhatsApp me to file for legal redress
Re: Does Landlord Have Right To Break And Enter Tenant's Flat? by vatiqan(m): 7:34am On Jan 21, 2017
engrMikemd:
he owns d god damn house and he does whatever he likes




Guy, try it and you'll spend the rest of your life smelling bars.
Re: Does Landlord Have Right To Break And Enter Tenant's Flat? by Majesticniyi(m): 7:39am On Jan 21, 2017
engrMikemd:
he owns d god damn house and he does whatever he likes

I have always been against abusing people online but I will make an exception in your case....You are the biggest fool I've ever come across sir. I'm disappointed that you have that Engineer tagged to your name...you make the rest of us look bad but then, I'm sure you are attaching.

Op, there's no two ways about it. You have built too much of a relationship with the landlord. They have taken your kindness and niceness for granted. That's why as much as I understand the importance of relating with your co-inhabitants, I still put the space of respect. I wish I could say you should take legal actions against them but something tells me the relationship you have allowed to fester between you and the landlord won't allow you. Also, I'm sure the option of getting angry about it and telling them off is gone already....too much time has been wasted inbetween (assuming you didn't tell them off angrily immediately it happened which I dont think you would have done). Just pack out of the house and avoid the same mistake in your next apartment.
Re: Does Landlord Have Right To Break And Enter Tenant's Flat? by Zirah: 7:41am On Jan 21, 2017
He has no right absolutely
Re: Does Landlord Have Right To Break And Enter Tenant's Flat? by refreshrate: 7:55am On Jan 21, 2017
akintom:


Really?
Are you speaking from legal ground?

Psychotic grounds more like
Re: Does Landlord Have Right To Break And Enter Tenant's Flat? by adimsmt: 7:55am On Jan 21, 2017
akintom:
A yearly tenant, who is occupying a three bedroom flat in a compound, that has another three bedroom flat occupied by the landlord and his family in the same compound.

The tenant has 3 months to the expiration of his rent. The tenant returned from a one week try trip, only to discover that his flat had been opened and strange properties packed in.

On enquiry from the landlord, the landlord's wife replied by saying - "don't be angry, one of my children had issues with his accommodation, therefore i packed his properties into your flat".

The tenant then asked how they gained entry (there's no sign of forceful entry), the landlord's son said - "i tried calling you, but no network connection, i then got a master key to open your door".

QUESTION :

What legal action(s) can be instituted against the landlord by the tenant?


It just that Nigeria is a lawless country otherwise you would not ask the question. Please don't get me wrong, just that Landlord/Tenant law in Nigeria is a joke. In an insane country before a Landlord can gain access to a tenant apartment 1, He/She has to get an oral or written permission from a tenant and 2, through the court otherwise it is call break and enter which is a crime.
Re: Does Landlord Have Right To Break And Enter Tenant's Flat? by almarthins(m): 7:59am On Jan 21, 2017
engrMikemd:
he owns d god damn house and he does whatever he likes

The landlord has contravened Lagos tenancy law therefore he can be sued. Is it Lagos ?
Re: Does Landlord Have Right To Break And Enter Tenant's Flat? by Burgerlomo: 8:00am On Jan 21, 2017
engrMikemd:
he owns d god damn house and he does whatever he likes

You're absolutely wrong
Re: Does Landlord Have Right To Break And Enter Tenant's Flat? by deolumike(m): 8:01am On Jan 21, 2017
Rights of a Landlord:
 The rights of the landlord includes the right to receive rents from the tenant as at when due, and a restricted right to inspect the premises after a written notice has been given to that effect notifying the tenant about the proposed inspection. The inspection may be carried out at any reasonable hour of the day time only, and can be carried out for limited purposes including; to view the condition of the premises, and to carry out repairs in necessary parts of the building.

 In the event that the tenant does not observe any of his duties or obligations, the landlord has a right to engage a lawyer to institute court action to end the tenancy and repossess the premises. Before a landlord can do this, he must be sure that there is no portion of the Agreement or law stating otherwise, and that necessary notices have been given to the tenant to leave the premises and he has refused.

 Where a landlord exercises his right to go to court, he may ask the court to order the tenant to pay him rent that are unpaid but which have become ripe/due for payment prior to commencing the action in court, and he can further claim the value of rent for the premises per day until the tenant leaves the premises.

When a landlord wishes to eject a tenant from his premises, the following procedure must be followed:
• Issuance of a valid Notice to Quit.
• Issuance of a Notice of owner's Intention to Recover Possession at the expiration of the notice to quit
• Writ or Plaint against Tenant or Person Refusing to Deliver up Possession.
• Service of Processes

Words of Advice to Landlords:
The popular notion is that where a tenant renews his rent yearly, he will be entitled to six months’ notice before he can be ejected, but this notion is only true where a landlord fails to prepare a written agreement to regulate the length of notice that he desires to give the tenant. In order words, the length of notice will be regulated by the law in the absence of an agreement stating otherwise.
The benefit of preparing a written agreement in a tenancy relationship cannot be overstated. From my experience in managing properties and facilities, I have discovered that the first duty of every landlord is to make sure that his tenants have written agreements to guide his relationship with the tenants. This is essential because the law allows the landlord and tenant by way of a tenancy agreement to regulate their relationship in the areas of each person’s obligations, and length of notice to terminate the tenancy relationship. A landlord that therefore wishes to save himself some headaches may choose to regulate a substantial part of the tenancy relationship by way of a Tenancy Agreement and the best way to do this is to consult a competent lawyer for proper guidance.

Barrister Mike.

deolumike@gmail.com cool

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Re: Does Landlord Have Right To Break And Enter Tenant's Flat? by Burgerlomo: 8:02am On Jan 21, 2017
spongebob0006:
that action from the landlord is a no no. first of all, you are a yearly tenant and you are entitled to a six months notice S.13(1)(e)Tenancy Law,Lagos 2011.
again,there is something called exclusive possession in law. S.6(a-d)Tenancy Law,Lagos 2011.
whether or not you are absent fro. the house for one or two reasons ,the landlord has no right at all to break into your apartment in any way. so he has breached one of the covenants and duties of a landlord. just sue him for damages,house breaking which is a criminal act and unlawful possession. nobody cares if its his own house because he has violated the law and agreement.

That's it, no more no less
Re: Does Landlord Have Right To Break And Enter Tenant's Flat? by Mambox: 8:09am On Jan 21, 2017
akintom:
A yearly tenant, who is occupying a three bedroom flat in a compound, that has another three bedroom flat occupied by the landlord and his family in the same compound.

The tenant has 3 months to the expiration of his rent. The tenant returned from a one week try trip, only to discover that his flat had been opened and strange properties packed in.

On enquiry from the landlord, the landlord's wife replied by saying - "don't be angry, one of my children had issues with his accommodation, therefore i packed his properties into your flat".

The tenant then asked how they gained entry (there's no sign of forceful entry), the landlord's son said - "i tried calling you, but no network connection, i then got a master key to open your door".

QUESTION :

What legal action(s) can be instituted against the landlord by the tenant?

Take pictures with cameras indicating date and time (or download open camera for android). Challenge the landlord with your phone recording his explanation. Get a badass street lawyer to file a suit. You might just hit a jackpot better than MMM.

Bonus: Lagos courts don't play with landlord issues.
Re: Does Landlord Have Right To Break And Enter Tenant's Flat? by jidxin(m): 8:14am On Jan 21, 2017
spongebob0006:
that action from the landlord is a no no. first of all, you are a yearly tenant and you are entitled to a six months notice S.13(1)(e)Tenancy Law,Lagos 2011.
again,there is something called exclusive possession in law. S.6(a-d)Tenancy Law,Lagos 2011.
whether or not you are absent fro. the house for one or two reasons ,the landlord has no right at all to break into your apartment in any way. so he has breached one of the covenants and duties of a landlord. just sue him for damages,house breaking which is a criminal act and unlawful possession. nobody cares if its his own house because he has violated the law and agreement.
nice 1 u tackled it rightly
Re: Does Landlord Have Right To Break And Enter Tenant's Flat? by Baba4dgals: 8:15am On Jan 21, 2017
I feel d relationship btwn d tenant and his landlord prompt the landlord to mak such move...

Maybe they treat themselves like father and son cos if dy don't av any close relationship I don't tink that the landlord could mak such move... My opinion
Re: Does Landlord Have Right To Break And Enter Tenant's Flat? by jidxin(m): 8:17am On Jan 21, 2017
akintom:


I once heard a judge (in a private conversation) said that, the landlord can't be charged/convicted for "breaking and entering", because he owns the house.
its a criminal offence d landlord maybe imprisoned 4 six month. prolly u ddnt hear d judge right. no person has such right to break in even after the expiration of the rent.
Re: Does Landlord Have Right To Break And Enter Tenant's Flat? by whizcartel(m): 8:19am On Jan 21, 2017
That's why you change the locks or even the damn door! before you move into any apartment. All this landlords and their it's my property attitude. He should Sue the neega man. But since the wife apologized, just warn them and tell them to take the stuff out! he ain't gat right to the apartment until the rent expires and your six months notice ends.
Re: Does Landlord Have Right To Break And Enter Tenant's Flat? by eagleeye2: 8:23am On Jan 21, 2017
spongebob0006:
that action from the landlord is a no no. first of all, you are a yearly tenant and you are entitled to a six months notice S.13(1)(e)Tenancy Law,Lagos 2011.
again,there is something called exclusive possession in law. S.6(a-d)Tenancy Law,Lagos 2011.

whether or not you are absent fro. the house for one or two reasons ,the landlord has no right at all to break into your apartment in any way. so he has breached one of the covenants and duties of a landlord. just sue him for damages,house breaking which is a criminal act and unlawful possession. nobody cares if its his own house because he has violated the law and agreement.
You are correct, but should have added "otherwise stated in the tenancy agreement signed by the tenant".
OP the landlord has no such right to enter your apartment in your absence. But I will advice if nothing is missing from your apartment, let it slide. But make sure you change the locks on your doors.
Or preferably, start looking for another accommodation.

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