₦airaland Forum

Crownofwealth:
Firstly they cant thrown you guys out with just that notice. they will have to serve you guys with a seven days notice to tenant of owners intention to priceed to court to recover possession before taking you guys to court vied a claim. since you are pleading for time you can take the following simple step. when the claim is served on you, you can go to the court,plead laible and ask the judge\magistrate\ president to give you some time to pack from the premises..if the judge is compassionate he may give u guys some time. secondly u can challenge the issuance and service of the notice to quit on you guys.it ought to have been served personally on u guys except that u guys evaded service and the court thereafter ordered service on u guys by substituted means. Thirdly u can challenge the said notice to quit on the ground the length of notice is not valid having regard to the way and manner in which u guys paid rent. the mistake u guys made was to have paid rent to the landlord in the name of the care taker. if u want further advice u can beep me on 08066419086.

thank you very much

partnerbiz4:
You dont know what you are saying bro.

They are protected under the law with or without tenancy agreement.

The caretaker also sublet the premises to them . So they are sub tenants. And are equally protected under the law.

what is the evidence they are sub-tenants? Any agreement to show in court?

It's assume the quit notice has been given since March. You just have to park or beg, cos u don't have any legal backing couple with the fact u are not the legal tenant

okenwa:
The first offence is to SUB-LET the property to a church member.

The second offence is that the church member went ahead to invite SQUATTERS.

The third offence is to be paying rent(if at all you pay promptly) in the NAMES of the caretaker.

Well I don't want to talk more about your offences. But just know that as a tenant you will have to vacate the property one day for any reason(not because of the beef between the caretaker and one of the tenant); if you pay promptly no beef can generate a quit notice.

Please pack out. He has perfectly done his paper work. No charge and bail lawyer deserve your little funds. Use it for a new home.

Freedom has a price.

Sub-letting is not an offense!
Inviting squatters is also not an offense.
The main thing is not having a receipt in their own name!

Billyonaire:
I do not think you understand the gravity of the offense of sub-letting someone's property. The OP and his gang of room mates are called squatters in English Language, and that itself is very illegal in the commercial real estate hemisphere. They can not win this legally, there is no way on Earth they can win this case. Do not mislead them.

Morality has no place in law.

Did you read the part were he said that money have been exchanging hands in the form or rent for a long time now. Do squatters pay rent?

Is the agent not landlord"s legally authorised representative?
Let's not belief that these people were set out to defraud the innocent tenants by refusing to provide tenancy agreement.

Crownofwealth:
Firstly they cant thrown you guys out with just that notice. they will have to serve you guys with a seven days notice to tenant of owners intention to priceed to court to recover possession before taking you guys to court vied a claim. since you are pleading for time you can take the following simple step. when the claim is served on you, you can go to the court,plead laible and ask the judge\magistrate\ president to give you some time to pack from the premises..if the judge is compassionate he may give u guys some time. secondly u can challenge the issuance and service of the notice to quit on you guys.it ought to have been served personally on u guys except that u guys evaded service and the court thereafter ordered service on u guys by substituted means. Thirdly u can challenge the said notice to quit on the ground the length of notice is not valid having regard to the way and manner in which u guys paid rent. the mistake u guys made was to have paid rent to the landlord in the name of the care taker. if u want further advice u can beep me on 08066419086.

Ablaws:
The caretaker is only blabbing. He can't eject you except by a court judgment and wouldn't get such until he takes out a writ against you and such a writ must also be served on you.
As far as I know, you've got no problem. You deserve to be served the 6 months notice to quit and another 7 days notice. Failure to comply with the above will be fatal to his case.

Cheers.
Kindly contact babyboy4u01@yahoo.ca for further details.

than

Ablaws:
The caretaker is only blabbing. He can't eject you except by a court judgment and wouldn't get such until he takes out a writ against you and such a writ must also be served on you.
As far as I know, you've got no problem. You deserve to be served the 6 months notice to quit and another 7 days notice. Failure to comply with the above will be fatal to his case.

Cheers.
Kindly contact babyboy4u01@yahoo.ca for further details.

k you

moskey:
Take dis mata up to human rights. (CITIZENS MEDIATION CENTER)

thank you very much

partnerbiz4:
You dont know what you are saying bro.

They are protected under the law with or without tenancy agreement.

The caretaker also sublet the premises to them . So they are sub tenants. And are equally protected under the law.

You have a good understanding of the law. In the British common law, which is where most countries get their laws, with some exceptions from French speaking countries, if you allow someone the use of your property, after a certain period of time, consent or agreement is implied, with or without written or verbal agreement.

As long as they have proof that they have been living there for a while, whether they pay or not is immaterial. You can't throw them out. That is the universal practice. Then again, we are talking of Nigeria.

sisisioge:
OYO is your case. You are trespassers dear uncle...you have no case. You shouldn't have allowed the babe that shattered the caretaker's peck to do so...you shouldn't have antagonised him in anyway. No vex...OYO is your case. Whew!

Hian...

He has a strong case.

By virtue of the principle of agency, the caretaker is an agent of the landlord and the landlord had acted like he's the principal and nothing has since changed. So he can't claim not to know about the tenants after all, he has been receiving money from the caretaker.

So dear op, you have a case and by backdating the quick notice makes it criminal. Just see a sound lawyer. I trust Nigerian although they may be slow to justice.

Good luck

Eluwilussit:
You have a good understanding of the law. In the British common law, which is where most countries get their laws, with some exceptions from French speaking countries, if you allow someone the use of your property, after a certain period of time, consent or agreement is implied, with or without written or verbal agreement.

As long as they have proof that they have been living there for a while, whether they pay or not is immaterial. You can't throw them out. That is the universal practice. Then again, we are talking of Nigeria.

In fact, buy paying for the rent to the caretaker who acknowledged in good faith and issued a receipt, and it is believed he's acting on the instruction of the landlord, his principal, then he's got a good case.

Am sure by the time he takes the landlord to court and lawyers start their delay tactics, he'd have found a new place

kaboninc:
In fact, buy paying for the rent to the caretaker who acknowledged in good faith and issued a receipt, and it is believed he's acting on the instruction of the landlord, his principal, then he's got a good case.

Am sure by the time he takes the landlord to court and lawyers start their delay tactics, he'd have found a new place

Very true. Unfortunately, it doesn't look like he knows his right in this case. U don't need too much money. This case is bread and butter. I am too far and busy to help him.

kaboninc:
Hian...

He has a strong case.

By virtue of the principle of agency, the caretaker is an agent of the landlord and the landlord had acted like he's the principal and nothing has since changed. So he can't claim not to know about the tenants after all, he has been receiving money from the caretaker.

So dear op, you have a case and by backdating the quick notice makes it criminal. Just see a sound lawyer. I trust Nigerian although they may be slow to justice.

Good luck

Hmmmm...you must have skipped where he wrote that they have no receipt of payment. The original tenant left a gazillion years ago and the title was not properly passed on. OYO is still his case, I'm speaking from experience.

Crownofwealth:
Firstly they cant thrown you guys out with just that notice. they will have to serve you guys with a seven days notice to tenant of owners intention to priceed to court to recover possession before taking you guys to court vied a claim. since you are pleading for time you can take the following simple step. when the claim is served on you, you can go to the court,plead laible and ask the judge\magistrate\ president to give you some time to pack from the premises..if the judge is compassionate he may give u guys some time. secondly u can challenge the issuance and service of the notice to quit on you guys.it ought to have been served personally on u guys except that u guys evaded service and the court thereafter ordered service on u guys by substituted means. Thirdly u can challenge the said notice to quit on the ground the length of notice is not valid having regard to the way and manner in which u guys paid rent. the mistake u guys made was to have paid rent to the landlord in the name of the care taker. if u want further advice u can beep me on 08066419086.

Ablaws:
The caretaker is only blabbing. He can't eject you except by a court judgment and wouldn't get such until he takes out a writ against you and such a writ must also be served on you.
As far as I know, you've got no problem. You deserve to be served the 6 months notice to quit and another 7 days notice. Failure to comply with the above will be fatal to his case.

Cheers.
Kindly contact babyboy4u01@yahoo.ca for further details.

than

Ablaws:
The caretaker is only blabbing. He can't eject you except by a court judgment and wouldn't get such until he takes out a writ against you and such a writ must also be served on you.
As far as I know, you've got no problem. You deserve to be served the 6 months notice to quit and another 7 days notice. Failure to comply with the above will be fatal to his case.

Cheers.
Kindly contact babyboy4u01@yahoo.ca for further details.

k you

moskey:
Take dis mata up to human rights. (CITIZENS MEDIATION CENTER)

thank you

moskey:
Take dis mata up to human rights. (CITIZENS MEDIATION CENTER)

thank you very much

kaboninc:
In fact, buy paying for the rent to the caretaker who acknowledged in good faith and issued a receipt, and it is believed he's acting on the instruction of the landlord, his principal, then he's got a good case.

Am sure by the time he takes the landlord to court and lawyers start their delay tactics, he'd have found a new place

Receipts weren't issued in their names, rather in caretaker's. Meaning payment still in fact was made to the Landlord who issued the receipt based on the words of mouth of the caretaker. The same caretaker already renounced them...you must think a Canadian landlord who was smart enough to hire a caretaker and lawyer is a booofun who would take chances on the the rule of law. OYO is their case...let them go and produce their tenancy agreement to start with.

thanks everyone that have contributed in one way or the other. there is always a way even in a darkest moment.

komols856:
Hello to my follow Naira landers, i know problem shared will find a solution.

We have been given 2 months impromptu quit notice from our landlord through his lawyer. And information gathered has it that they have secured court injunction to throw us and our properties out of the compound forcefully irrespective of Lagos state government tenancy law that demand 6 months prior notice before ejection of tenants after quit notice.

The house in question is a 3 bed flat, and 1 room and palour self-contain. A particular family was living in that house before, but they were transferred out of Lagos in 2014. after that, they then bring one of their church member that were having accommodation problem to come and live in the house and continue the renewal of house rent since the landlord was not living in that house, but the caretaker were notified of the new development and there was no problem as long the payment of the house rent is maintained. However, the new occupant cannot afford to pay for the flat alone, other tenant came in to share the flat and the house rent among them and there was no problem, some have lived and left the house to another place but before the go they will put their brothers to avoid paying agent and agreement fee.

There was no problem until recently when the caretaker came to befriend one of the tenants and things turn out against his expectation and consequently got angry and decided to punish all the tenants. He went ahead to rubbish us before the landlord and he then ask the landlord to issue us quit notice. the caretaker is the only one that the landlord knew before he relocate to Canada, and we have been paying house rent through the caretaker which in turn send the money to the landlord account since 2014 and it is presumed to be the one that rented the flat. The rent has always been paid in the name of the caretaker as the only occupant of the flat.

Now, we were notified of the quit notice last week which was addressed to the caretaker name based on what the caretaker asked the land to do. after the caretaker pasted the quit notice for us to see, we discover that it was back dated to reflect march 2017 to enable them claim in the court of law that the quit notice has been issued to us since march and that makes them to as well secure court injunction to eject us by force at the end of this July. we have been begging the landlord to at least give us like 3 months after July ending to enable us secure another accommodation, but the landlord refused, saying he don't know us and we have no tenancy agreement with him.

Please we need advice of what to do in this case and how to get a human right lawyer to defend us, because now we do not have money to urgently rent another house, neither do we have money to make case with the landlord. All we are asking for is more time to get money and rent another house since he said we should not pay again immediately after the expiration of our rent at the end of this July.

Please your suggestions and opinion is highly needed.
Thank you.

Since u people are not the original tenants ur chances are slim bt still get a lawyer anyway
I have a room&parlour to let at Adiyan side if it wl work wt water 08095911633

komols856:
Hello to my follow Naira landers, i know problem shared will find a solution.

We have been given 2 months impromptu quit notice from our landlord through his lawyer. And information gathered has it that they have secured court injunction to throw us and our properties out of the compound forcefully irrespective of Lagos state government tenancy law that demand 6 months prior notice before ejection of tenants after quit notice.

The house in question is a 3 bed flat, and 1 room and palour self-contain. A particular family was living in that house before, but they were transferred out of Lagos in 2014. after that, they then bring one of their church member that were having accommodation problem to come and live in the house and continue the renewal of house rent since the landlord was not living in that house, but the caretaker were notified of the new development and there was no problem as long the payment of the house rent is maintained. However, the new occupant cannot afford to pay for the flat alone, other tenant came in to share the flat and the house rent among them and there was no problem, some have lived and left the house to another place but before the go they will put their brothers to avoid paying agent and agreement fee.

There was no problem until recently when the caretaker came to befriend one of the tenants and things turn out against his expectation and consequently got angry and decided to punish all the tenants. He went ahead to rubbish us before the landlord and he then ask the landlord to issue us quit notice. the caretaker is the only one that the landlord knew before he relocate to Canada, and we have been paying house rent through the caretaker which in turn send the money to the landlord account since 2014 and it is presumed to be the one that rented the flat. The rent has always been paid in the name of the caretaker as the only occupant of the flat.

Now, we were notified of the quit notice last week which was addressed to the caretaker name based on what the caretaker asked the land to do. after the caretaker pasted the quit notice for us to see, we discover that it was back dated to reflect march 2017 to enable them claim in the court of law that the quit notice has been issued to us since march and that makes them to as well secure court injunction to eject us by force at the end of this July. we have been begging the landlord to at least give us like 3 months after July ending to enable us secure another accommodation, but the landlord refused, saying he don't know us and we have no tenancy agreement with him.

Please we need advice of what to do in this case and how to get a human right lawyer to defend us, because now we do not have money to urgently rent another house, neither do we have money to make case with the landlord. All we are asking for is more time to get money and rent another house since he said we should not pay again immediately after the expiration of our rent at the end of this July.

Please your suggestions and opinion is highly needed.
Thank you.

You have a case. It is not as hopeless as some people make it sound. In the British common law, which most countries practice, including Nigeria, when one is in possession of another's property, after a period of time consent/agreement is implied. The law assumes that the owner of the property has given his consent to the status quo by keeping silent.

So if you have been dealing with the caretaker all these years and it was okay with the Landlord, then he was in total agreement with everything. The caretaker has committed a crime by backdating the quit notice, that is if you can prove that he did.

The quit notice starts the day you receive it and not the date on the paper, unless the caretaker can prove that you guys evaded the notice. This is a difficult thing for him to do. Go to court. Ask for the maximum time allowed by law, and agree to move out if it is not resolved. The law is on your side. More so, God is on your side. Don't panic.

I am afraid but you stand little or no chance of getting any legal reprieve on this matter. You are a Tenant at Will. The landlord does not know you. Your best bet is to continue pleading with the Landlord instead of wasting your money paying a lawyer that will leave you at sea later.

You cant just be thrown out like that esp. in a state like lagos.... the notice starts to count at the expiration of your payment period and not what they are saying. while in court save money and leave. get the details of their writs..summons or whatever n verify at the court they may not be real or if real defective.....you can also try to get the advice of a lawyer and do not panic. this is trulife advice

sisisioge:
Receipts weren't issued in their names, rather in caretaker's. Meaning payment still in fact was made to the Landlord who issued the receipt based on the words of mouth of the caretaker. The same caretaker already renounced them...you must think a Canadian landlord who was smart enough to hire a caretaker and lawyer is a booofun who would take chances on the the rule of law. OYO is their case...let them go and produce their tenancy agreement to start with.

My dear, this is a simple case.

Firstly there is an agency relationship between the caretaker and the landlord. So it is clear that the caretaker acted in the interest of the landlord and the landlord had accepted those decisions especially in the form of rent.

The tenant have evidence that they made payment which as far as they are concerned is for rent and there was a common understanding between the tenant and the caretaker that the payment will be in the name of the caretaker. All these are valid agreements. And they will hold in court. It's for him to go to court.

You people are illegal tenants already. First whose name is on the notice to quit? If it is the former legal tenant, just know that it will be easy to get judgment against you people. I it is your name, get a lawyer who can help you out. When they start to drag proof of service, tenancy agreement and some other things, the matter will prolong due to several adjournments, by that time you will have ample time to vacate.

From the look of things, I think the matter has been going on in court without you knowing. Before you know it, they will get judgment and get execution of judgment and your properties will be thrown out by the bailiffs.

You people have two options, get a lawyer to drag the matter a little or vacate. You can't win landlord on his property, even if judgment is in your Favour as tenant, you can never be at rest in the property.

kaboninc:
My dear, this is a simple case.

Firstly there is an agency relationship between the caretaker and the landlord. So it is clear that the caretaker acted in the interest of the landlord and the landlord had accepted those decisions especially in the form of rent.

The tenant have evidence that they made payment which as far as they are concerned is for rent and there was a common understanding between the tenant and the caretaker that the payment will be in the name of the caretaker. All these are valid agreements. And they will hold in court. It's for him to go to court.

OK o, at this point I can only wish them luck. I hope that valid agreement you kept mentioning is written and signed. Enjoy your evening.

get a good lawyer
no one should take law into their hand
both landlords and tenants has rights and protection under rule of law and u should act fast
good luck

Once the caretaker has a proof of service of
The notice served on them, it is
Valid. He can paste it on their door and snap it. That already is proof of service.

They just have to plead for more time to vacate.

Eluwilussit:
You have a case. It is not as hopeless as some people make it sound. In the British common law, which most countries practice, including Nigeria, when one is in possession of another's property, after a period of time consent/agreement is implied. The law assumes that the owner of the property has given his consent to the status quo by keeping silent.

So if you have been dealing with the caretaker all these years and it was okay with the Landlord, then he was in total agreement with everything. The caretaker has committed a crime by backdating the quit notice, that is if you can prove that he did.

The quit notice starts the day you receive it and not the date on the paper, unless the caretaker can prove that you guys evaded the notice. This is a difficult thing for him to do. Go to court. Ask for the maximum time allowed by law, and agree to move out if it is not resolved. The law is on your side. More so, God is on your side. Don't panic.

even if u re not a tenant the law still has procedure to eject u see a lawyer for advice

Hello,

Meet a lawyer to guide you on delay tatics. You need appear in court on that date with your lawyer. All you need on that date is to say that you are not guity becaeuse you are not owning your landlord, then the matter will be adjourned for another one month. Remember you need delay tactics. Regards

There is no way notice to quit can start to count at the expiration of his payment. Notice to quit either ends at the expiration of the tenancy or extends after the expiration of the tenancy depending on when it is served. If your tenancy ends in December, notice to quit should be served on the first of July.

In some cases of a year certain tenancy in accordance to Lagos state tenancy law, you can serve 7days notice to quit instead of 6months notice.

They should just beg for time. Some landlords don't go court self. They will just arrange boys or bribe their way, get judgment and throw them out.

When they will be thrown out, you people wit be there to save them.

trulife:
You cant just be thrown out like that esp. in a state like lagos.... the notice starts to count at the expiration of your payment period and not what they are saying. while in court save money and leave. get the details of their writs..summons or whatever n verify at the court they may not be real or if real defective.....you can also try to get the advice of a lawyer and do not panic. this is trulife advice

sonnie10:
Did you read the part were he said that money have been exchanging hands in the form or rent for a long time now. Do squatters pay rent?

Is the agent not landlord"s legally authorised representative?
Let's not belief that these people were set out to defraud the innocent tenants by refusing to provide tenancy agreement.

You are not a landlord obviously.

In case u are looking for a profitable business for this recession, try opening a sachet water or bottle water factory. At Emmnez Water Solutions ltd, we make our customer's needs our priority. For installations, borehole drilling, sales of machine and parts, accessories etc, call us on 07030209730. We supply all over the country.

landlord v tenant wahala will never end.
you want to be treated like a tenant to have six month quit notice, whereas you came through the back door.

tenants don't ever drag with your landlord please. you can always talk to them, they are humans. the way you talk matters.
don't drag someone's property with him.
you don't know who a bad landlord is.

truth is most tenants love to play smart.
I'm sure the op has been dragging this matter prior this short notice

Badgers14:
This was similar to the case you had one time right

Based on humanitarian ground, I do pity people subletting because they couldn't afford the whole flat and all. But legally speaking anyone without a tenancy agreement will most likely loose a case like this.

The case could turn from civil to criminal case in a blink of an eye.

Yea, I had to let the stubborn tenant stay till the end of august.

The wife kept crying asking me to look at her children,and I already fell in love with her baby girl when I was in Nigeria, just couldn't bear being harsh on them. But the husband was an idiot.

komols856:
Hello to my follow Naira landers, i know problem shared will find a solution.

We have been given 2 months impromptu quit notice from our landlord through his lawyer. And information gathered has it that they have secured court injunction to throw us and our properties out of the compound forcefully irrespective of Lagos state government tenancy law that demand 6 months prior notice before ejection of tenants after quit notice.

The house in question is a 3 bed flat, and 1 room and palour self-contain. A particular family was living in that house before, but they were transferred out of Lagos in 2014. after that, they then bring one of their church member that were having accommodation problem to come and live in the house and continue the renewal of house rent since the landlord was not living in that house, but the caretaker were notified of the new development and there was no problem as long the payment of the house rent is maintained. However, the new occupant cannot afford to pay for the flat alone, other tenant came in to share the flat and the house rent among them and there was no problem, some have lived and left the house to another place but before the go they will put their brothers to avoid paying agent and agreement fee.

There was no problem until recently when the caretaker came to befriend one of the tenants and things turn out against his expectation and consequently got angry and decided to punish all the tenants. He went ahead to rubbish us before the landlord and he then ask the landlord to issue us quit notice. the caretaker is the only one that the landlord knew before he relocate to Canada, and we have been paying house rent through the caretaker which in turn send the money to the landlord account since 2014 and it is presumed to be the one that rented the flat. The rent has always been paid in the name of the caretaker as the only occupant of the flat.

Now, we were notified of the quit notice last week which was addressed to the caretaker name based on what the caretaker asked the land to do. after the caretaker pasted the quit notice for us to see, we discover that it was back dated to reflect march 2017 to enable them claim in the court of law that the quit notice has been issued to us since march and that makes them to as well secure court injunction to eject us by force at the end of this July. we have been begging the landlord to at least give us like 3 months after July ending to enable us secure another accommodation, but the landlord refused, saying he don't know us and we have no tenancy agreement with him.

Please we need advice of what to do in this case and how to get a human right lawyer to defend us, because now we do not have money to urgently rent another house, neither do we have money to make case with the landlord. All we are asking for is more time to get money and rent another house since he said we should not pay again immediately after the expiration of our rent at the end of this July.

Please your suggestions and opinion is highly needed.
Thank you.

Consult a lawyer.