₦airaland Forum

Eseries:
Hello Nairalanders!

I am just another young Nigerian who resides in Lagos still struggling, hustling and chasing my dreams.

Unfortunately, I have a selfish Landlord. He asks for money all the time, I cooperated last year and each time he does ask, I find something for him.
This year I want to be much more prudent with my expenses and I only want to pay for my rent when it is due because if I continue the same way, I might end up paying 5 years upfront and that means I am working just to satisfy my rather selfish Landlord.

Here comes the hurdle, my rent will be due by December. My Landlord just served me a quit notice to vacate my apartment by January next year, only a month after my rent must have expired.

I pay my rent annually and will like to know what my rights are in a situation like this.
I know and accept that I will definitely vacate his property but how long more does the law permit me to stay and make arrangement for the next place to move in.

Once again the quit notice was served to me today to vacate by January, 2019. My rent is still active and expires December 30, 2018.

I am counting on lawyers in the house and experienced Nairalanders to put me through on my next move. I think I should be entitled to 6 months stay after the expiration of my rent by law to make arrangement to move i.e June 2019.
Am I right? can someone just throw me out of his property by January when my rent expires by December?

I am not sure the rightful section to put this thread, the mod please do the needful so this gets enough exposure so people can contribute, I just want to get the right information so no one can mess with my rights.
Thank You!

So you want free legal advice bah?
First, are you in Lagos?
If yes, then lucky you. You don't have to do anything.
Just wait till he takes you to court and tell the court the Notice to Quit issued is defective.
Case closed.

Yes you have your rights about to be violated. But my question to you is, do you want to go through the legal process? It can be quite tiring. Even when it's over you will still vacate the property. I will advice you direct your time and energy towards positive things than fighting your crazy landlord in court.

so you are owing and you want to claim right at the same time. your coconut head is blocked. oga go and beg the man or find your way,did you build the house for him

Eseries:
Hello Nairalanders!

I am just another young Nigerian who resides in Lagos still struggling, hustling and chasing my dreams.

Unfortunately, I have a selfish Landlord. He asks for money all the time, I cooperated last year and each time he does ask, I find something for him.
This year I want to be much more prudent with my expenses and I only want to pay for my rent when it is due because if I continue the same way, I might end up paying 5 years upfront and that means I am working just to satisfy my rather selfish Landlord.

Here comes the hurdle, my rent will be due by December. My Landlord just served me a quit notice to vacate my apartment by January next year, only a month after my rent must have expired.

I pay my rent annually and will like to know what my rights are in a situation like this.
I know and accept that I will definitely vacate his property but how long more does the law permit me to stay and make arrangement for the next place to move in.

Once again the quit notice was served to me today to vacate by January, 2019. My rent is still active and expires December 30, 2018.

I am counting on lawyers in the house and experienced Nairalanders to put me through on my next move. I think I should be entitled to 6 months stay after the expiration of my rent by law to make arrangement to move i.e June 2019.
Am I right? can someone just throw me out of his property by January when my rent expires by December?

I am not sure the rightful section to put this thread, the mod please do the needful so this gets enough exposure so people can contribute, I just want to get the right information so no one can mess with my rights.
Thank You!

According to the law, He must give u 6 months notice.

seek a lawyer

uchennamani:
This is wrong. You are wrong. My guess is you are not a lawyer or law student so don't give wrong advice to the tenant. The law allows the landlord to give a tenant with annual tenancy 6 months notice to quit, and this must not necessarily come at the expiration of the tenancy. Often, it comes 6 months to the expiration of the tenancy. Now, lawyers have gotten a way around this law. It doesn't necessarily entails given the tenant a 6 months notice to quit in the event that the landlord wants to recover the premises from the tenant. The practise now is to give the tenant a fixed one year tenancy which also serves as a notice to quit if there is no agreement between the tenant and the landlord to renew the tenancy for another term. I will advice the tenant here to go through the tenancy agreement. If it is a one year fixed tenancy, what the landlord need do is to commence eviction proceedings in a court of law by serving the tenant a 7 days Owner's Intention to Reclaim Possession at the expiration after which he will file the statement of claims. If it is not a one year fixed tenancy, the lawyer goofed by giving him a month notice to quit. The relevant document here is the tenantancy agreement signed by the parties at the start of the tenancy. Please see a lawyer.

You are right but if the tenancy agreement provides for a fixed one year, and the tenant has renewed by just paying the landlord rent without a new tenancy drafted, he becomes a yearly tenant and entitled to a six months notice period.
In this case, I suspect the tenant has renewed. And the agreement even if it's for a fixed term, that clause becomes inopperative.

Discuss with your Landlord.

Tell him to give you the next 6 months to search for another place. Pay for the 6 months.

Then start looking for another place from now.... a place to be ready before the expiration of your 6 months rent.

If you would spend money on Lawyers and Litigation, i advise you not to go that route after all you are young and hustling!

Eseries:
Hello Nairalanders!

I am just another young Nigerian who resides in Lagos still struggling, hustling and chasing my dreams.

Unfortunately, I have a selfish Landlord. He asks for money all the time, I cooperated last year and each time he does ask, I find something for him.
This year I want to be much more prudent with my expenses and I only want to pay for my rent when it is due because if I continue the same way, I might end up paying 5 years upfront and that means I am working just to satisfy my rather selfish Landlord.

Here comes the hurdle, my rent will be due by December. My Landlord just served me a quit notice to vacate my apartment by January next year, only a month after my rent must have expired.

I pay my rent annually and will like to know what my rights are in a situation like this.
I know and accept that I will definitely vacate his property but how long more does the law permit me to stay and make arrangement for the next place to move in.

Once again the quit notice was served to me today to vacate by January, 2019. My rent is still active and expires December 30, 2018.

I am counting on lawyers in the house and experienced Nairalanders to put me through on my next move. I think I should be entitled to 6 months stay after the expiration of my rent by law to make arrangement to move i.e June 2019.
Am I right? can someone just throw me out of his property by January when my rent expires by December?

I am not sure the rightful section to put this thread, the mod please do the needful so this gets enough exposure so people can contribute, I just want to get the right information so no one can mess with my rights.
Thank You!

Don't forget that uvare to pay for the six months also or any amount of months that ubstay

Well my pieces of advise is to pray to God to build your own house for you

magicminister:
Loool...

Two of my My tenants on my Ikeja property have been owing me rent for 2 years and refused to leave so I am taking it through the court which is a painfully slow process. I charge them 500k per annum on premium GRA property but they still can’t meet up!!


Bro, your landlord also has responsibilities but if you’ve been a responsible tenant and pay your rent when due, then you might wanna talk to a lawyer. Shouldn’t cost more than 50k to get a court injunction imploring him to halt on eviction till your rent expires (According to lagos tenancy laws, you also have a grace period of 6 months if you rent contract indicated annual tenancy).

dont accept a tenant just because they have the cash now, Accept only tenants with legitimate source of income. always investigate

Bro I think you should be entitled to 6months prior notice if you are on annual payment but from experience,if you have the cash I strongly advice you start planning how to vacate.
Most landlords are very FETISH o.
But in the absence of cash,just try to be diplomatic while you are making an alternative.

Yearly tenants are entitled to six months' notice, so long as the tenant intends to continue his/her lease. Depending on the area where you live, that October notice is either invalid or will only come into effect by April next year. The intention of the law behind the requirement for a notice period is that tenants with tenancies that roll over should be given ample time to seek alternative accommodation.


What you need to do now is to look for a lawyer, pay him a little money, and instruct him to write to your landlord stating your rights. The letter should not be rude or insulting but merely state the facts. This will show your landlord that you are to be taken seriously. Otherwise he will try to intimidate you.

uchennamani:
This is wrong. You are wrong. My guess is you are not a lawyer or law student so don't give wrong advice to the tenant. The law allows the landlord to give a tenant with annual tenancy 6 months notice to quit, and this must not necessarily come at the expiration of the tenancy. Often, it comes 6 months to the expiration of the tenancy. Now, lawyers have gotten a way around this law. It doesn't necessarily entails given the tenant a 6 months notice to quit in the event that the landlord wants to recover the premises from the tenant. The practise now is to give the tenant a fixed one year tenancy which also serves as a notice to quit if there is no agreement between the tenant and the landlord to renew the tenancy for another term. I will advice the tenant here to go through the tenancy agreement. If it is a one year fixed tenancy, what the landlord need do is to commence eviction proceedings in a court of law by serving the tenant a 7 days Owner's Intention to Reclaim Possession at the expiration after which he will file the statement of claims. If it is not a one year fixed tenancy, the lawyer goofed by giving him a month notice to quit. The relevant document here is the tenantancy agreement signed by the parties at the start of the tenancy. Please see a lawyer.

You are right but if the tenancy agreement provides for a fixed one year, and the tenant has renewed by just paying the landlord rent without a new tenancy drafted, he becomes a yearly tenant and entitled to a six months notice period.
In this case, I suspect the tenant has renewed. And the agreement even if it's for a fixed term, that clause becomes inopperative.

Eseries:
Thank you.

I just want to be sure I am on the right side of Law.

Even if you are on the right side of Law, make sure you are on the Right side with God also.
Else start looking for a house right away and avoid spiritual confrontation.

You sound like someone comfortable that won't lack money to rent another apartment. If so avoid unnecessary spiritual fight move on peacefully.
Remain blessed

Eseries:
Hello Nairalanders!

I am just another young Nigerian who resides in Lagos still struggling, hustling and chasing my dreams.

Unfortunately, I have a selfish Landlord. He asks for money all the time, I cooperated last year and each time he does ask, I find something for him.
This year I want to be much more prudent with my expenses and I only want to pay for my rent when it is due because if I continue the same way, I might end up paying 5 years upfront and that means I am working just to satisfy my rather selfish Landlord.

Here comes the hurdle, my rent will be due by December. My Landlord just served me a quit notice to vacate my apartment by January next year, only a month after my rent must have expired.

I pay my rent annually and will like to know what my rights are in a situation like this.
I know and accept that I will definitely vacate his property but how long more does the law permit me to stay and make arrangement for the next place to move in.

Once again the quit notice was served to me today to vacate by January, 2019. My rent is still active and expires December 30, 2018.

I am counting on lawyers in the house and experienced Nairalanders to put me through on my next move. I think I should be entitled to 6 months stay after the expiration of my rent by law to make arrangement to move i.e June 2019.
Am I right? can someone just throw me out of his property by January when my rent expires by December?

I am not sure the rightful section to put this thread, the mod please do the needful so this gets enough exposure so people can contribute, I just want to get the right information so no one can mess with my rights.
Thank You!

A tenancy creates a relationship between the landlord and the tenant. This relationship confers some duties and obligations on both parties. If it is an annual tenancy, the law allows the landlord to issue a clear 6 months notice to quit in the event that he wants to repossess the subject matter of the tenancy. Please take note that this must not necessarily come after the expiration of the tenancy. Usually, it comes 6 months to the determination of the tenancy. This being the law, the general body of law allows the parties to enter into agreement on terms that both the landlord and the tenant agrees to. Lawyers circumvent the 6 months clear notice to quit by issuing a one-year fixed tenancy. It means that the tenancy cones to an end at the expiration of one year, which means that the document does not see the tenant as a tenant properly so called. To make this valid in court, lawyers always insert a clause that says that the tenancy agreement also serve as a notice to quit, which the court would see as one if the tenanc signs the document. All the landlord need do now is in the event that he wishes to reclaim his room or apartment is to file for a 7 days Owners Intention to Reclaim possession after which he will file his statemebnt of claims.

As you said you are on a yearly tenancy, please do well to see if the document you signed indicated that the tenancy is for one year certain. If it is, all he need do is to file the 7 days to reclaim his apartment. If it is an annual tenancy, you are entitled to a clear six months notice to quit, after which he will file the 7 days intention to reclaim possession. The lawyer goofed by giving you a month's notice to quit. It won't stand in any court. Any mistake in eviction proceedings vitiate the entire thing. He will have to start all over again. If he enters your room, you can sue him for trespass and other torts. Best get a lawyer for the best possible legal advice. Leave all these mumus with no legal knowledge advising you here.

magicminister:
Loool...

Two of my My tenants on my Ikeja property have been owing me rent for 2 years and refused to leave so I am taking it through the court which is a painfully slow process. I charge them 500k per annum on premium GRA property but they still can’t meet up!!


Bro, your landlord also has responsibilities but if you’ve been a responsible tenant and pay your rent when due, then you might wanna talk to a lawyer. Shouldn’t cost more than 50k to get a court injunction imploring him to halt on eviction till your rent expires (According to lagos tenancy laws, you also have a grace period of 6 months if you rent contract indicated annual tenancy).

I dont might moving there my landlord ask me to pay 1.2millon for a 2 bedroom flat at Adeniyi Jones 600k to 1.2millons as if i work with Shell

he is meant to give you extra three months before you vaquate. that is according to law not one month quit notice ok. if one month is what he insisted then as a young and wish healthy youth find your way out before January to avoid embarrassment because nigerian force this days don't know what is explanation all they need is money.

livelymatilda22:
6 month free rent in your dream or where?

Where did this illiterate resurrect from ?

Are you not aware of Lagos State tenancy by-laws ?

SolutionMee:

If I were you, I'll learn from your landlord, work hard and build my own apartment. The only right you have is to learn to be an independent lady. You're not supposed to be living in his house for free. Nothing comes free in life. Please change your mentality.

Oga Landlord. Ti mba muhn en !

I will advice u 2 take dis challenges as a blessing in disguise,I was evicted from my apartment all in d name of renovation after i lost my job,I got another job nd house of my own within 12month,trust me something big is going to happen in ur life,u don't need any lawyer bro!peace.

Shhhh01:
You don't have any rights nikkur, it is not your house. Park out with dignity.

Na you wan gi am money ?

DealPickers:
You are right but if the tenancy agreement provides for a fixed one year, and the tenant has renewed by just paying the landlord rent without a new tenancy drafted, he becomes a yearly tenant and entitled to a six months notice period.
In this case, I suspect the tenant has renewed. And the agreement even if it's for a fixed term, that clause becomes inopperative.

You are right. But then, lawyers make sure that subsequent renewal doesn't negate the spirit of the first tenancy agreement signed by the parties. In my practice, I always make sure that I insert a clause that says 'that the tenant may renew his tenancy by paying for another one year fixed tenancy', which has the effect enforcing the first agreement he signed. I also make sure to state that in doing so, a new tenancy agreement need not be issued to him.

Don't mind my grammar ooo. So my friends have been disturbing me to leave Jekende in Lekki area where i stay and come down to Ajah area where they said houses are cheaper. I and my friend were introduced to an agent who after many attempts landed us to this compound at No 7 Sanni Ashimiu close (c/o Jisoro) in Ologunfe-Awoyaya, Ibeju-Lekki in Lagos State. Seeing that this room is a virgin room, we paid despite that there were lots of work to be still done by the landlord who is a lawyer, we made a big mistake by not asking other tenants how it goes there. Two weeks past the landlord started avoiding our calls to come and complete our one-room self-contained. when a lady packed out the landlord asked us to pack into this room, only for us to find out that water drops from the room, the room is leaking. and from the complaints by some of the tenants who are there, they said its normal thing for all the rooms to be leaking water. when i encountered one of the men that were working for him in the compound, he just told me that the landlord buys second-hand WC, zinc, wood, pako, even tiles, the doors kitchen and toilet doors were made of wood framed with PVC. after we threatened the landlord he gave us our money and we packed out. I only came up here because last week i was asked by a female friend of mine to go accompany her to where she wants to pay for a room. that she will pay and the landlord will complete it for her within one week. to my greatest surprise when we got to the location it turns out to be the same compound that at the front gate is a signpost ''TO LET'' which according to the agent that brought me it has been there since 5years now. the landlord likes it when people pack in and leaves after one year so that he will collect his agreement money. so when we got there that day i noticed that another building is been erected here without proper foundation, and that's where this my babe wants to pay. we noticed that PVC is been used with wood to do the decking. PVC in place of wood to deck An upstairs. Out of anger, I decided to take photos and put it up here to save the lives of people. it could be my relative that will rent that room tomorrow. when we went to a shop down the street to buy something, we told them what is going on in the compound. we were told there that what we saw is even small. that the landlord paid Northerners 5k to pack sand from the street since the street is interlocked. that's what they use in the building. and there is a known stuff like the tenants been afraid of the landlord because he will always tell them that he is a lawyer and so nobody can do him anything. Please HELP ME PaSS THIS MESSaGE TO THE appropriate authorities TO SaVE PEOPLES LIFE. Take your time and feast on photos of both the building i once rented and the one he is building now
This compound belongs to certain Barr. IWUCHUKWU CHINWEIKPE

Alagbaraa:
Some landlords can be selfish I tell you, always collecting rent in advance. Especially the jobless ones.

doctoradekokolo:
Na you wan gi am money ?

so na to follow owner of house fight remain abi? or guy u no know how this life be? no b him house and most of these land lords are fetish.

Generally speaking, the notice is defective ab initio, and no competent court of law can exercise jurisdiction over the matter.
Provided, the tenancy agreement between you and your tenant is a yearly tenancy and you can show evidence thereof.

You are entitled to a six months notice to quit in the case of a yearly tenant, and anything contrary robs the court of jurisdiction.

Gather your evidence together, in the form of payment receipt, tenancy agreement, and any form of indication that you you have paid your rents and have a yearly tenancy agreement with your landlord.
Get a lawyer and relax and watch the court throw your landlords case out for want of jurisdiction.

Moreover, a proper notice to quit must properly describe the nature of tenancy.

Must properly describe the premises sought to be recovered, for it to be valid.

These essential elements are equally lacking.

You have a good case, a young lawyer can maraud your landlord in court, you can afford it.

chloride6:
Yes you are entitled to Six month Notice... But the law doesnt entitle you to Six Months Free Rent.

The law expects you to pay for the period spent in the notice period.

So anyway you will still pay for the accommodation. If you refuse the council can come and seize your property for refusing to pay for the six months period.

Thank u bro. dnt mind op, he is looking for a lacuna in our laws to enjoy free accommodation.
as a landlord, putting ur house up for rent is just like buying and selling commodities.
na business we dey do.
but dis young man is looking for a way to spoil anoda man's business.
if u stay one day extra in ma house, u will pay wateva amount i charge u. PERIOD!
nonsense

A death trap building is been erected at No 7 Sanni Ashimiu close (c/o Jisoro) in Ologunfe-Awoyaya, Ibeju-Lekki in Lagos State belonging to certain Barr. IWUCHUKWU CHINWEIKPE. a compound with about 20 rooms one-room self-contained. water drops from the walls of the rooms, and from the complaints by some of the tenants who are there, they said its normal thing for all the rooms to be leaking water. when encountered by one of the bricklayers that were working for him in the compound, he said that the landlord buys second-hand WC, zinc, planks, pako, even tiles, the kitchen and toilet doors were made of wood framed with PVC. this compound is notorious for this for a sign that welcomes every first timer on the gate fence a signpost ''TO LET'' which according to most house agents in the area it has been there since 5years now. a new one storey building is on construction without proper foundation. we noticed that PVC is been used with wood to do the decking. PVC in place of wood to deck An upstairs. the tenants there do not like to talk about for fear of been victimised by the landlord, this is because the landlord always tells them that he is a lawyer and so nobody can do him anything. Please HELP ME PaSS THIS MESSaGE TO THE appropriate authorities TO SaVE PEOPLES LIFE. please help rebroadcast till it gets to the appropriate authorities.

ABSTRUSE:
So you want free legal advice bah?
First, are you in Lagos?
If yes, then lucky you. You don't have to do anything.
Just wait till he takes you to court and tell the court the Notice to Quit issued is defective.
Case closed.

uchennamani:
This is wrong. You are wrong. My guess is you are not a lawyer or law student so don't give wrong advice to the tenant. The law allows the landlord to give a tenant with annual tenancy 6 months notice to quit, and this must not necessarily come at the expiration of the tenancy. Often, it comes 6 months to the expiration of the tenancy. Now, lawyers have gotten a way around this law. It doesn't necessarily entails given the tenant a 6 months notice to quit in the event that the landlord wants to recover the premises from the tenant. The practise now is to give the tenant a fixed one year tenancy which also serves as a notice to quit if there is no agreement between the tenant and the landlord to renew the tenancy for another term. I will advice the tenant here to go through the tenancy agreement. If it is a one year fixed tenancy, what the landlord need do is to commence eviction proceedings in a court of law by serving the tenant a 7 days Owner's Intention to Reclaim Possession at the expiration after which he will file the statement of claims. If it is not a one year fixed tenancy, the lawyer goofed by giving him a month notice to quit. The relevant document here is the tenantancy agreement signed by the parties at the start of the tenancy. Please see a lawyer.

I learnt from yours post. Thanks.

Guy look for another apartment, don't make troubles.

You've answered your question already!! You're entitled to 6 months after the expiration of your rent...

As in ehhhh. how can someone be so confident in giving wrong advice on a public forum? I am a lawyer and what you said is absolutely wrong

livelymatilda22:
6 month free rent in your dream or where?

Eseries:
I have accepted that I will leave, I am not even enjoying the place any longer but one month is not fair na.

No be three months he give you so?....25th October to 31st January 2019 no be three months?

uchennamani:
You are right. But then, lawyers make sure that subsequent renewal doesn't negate the spirit of the first tenancy agreement signed by the parties. In my practice, I always make sure that I insert a clause that says 'that the tenant may renew his tenancy by paying for another one year fixed tenancy', which has the effect enforcing the first agreement he signed. I also make sure to state that in doing so, a new tenancy agreement need not be issued to him.

That clause is arguable. Renewal automatically changes the tenancy to yearly, notwithstanding a provision to the alternative. The tenancy becomes customarily an annual tenancy. That is why the determinant factor to tell the nature of a tenancy is the time/tenure of payment.
Just an opinion, but I think the validity of that clause will need to be determined in a law court.