₦airaland Forum

Your only right Is for you to go and build your own house .
Chikena

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!

You can also go and make a report at The Office of Public Defender. They offer free legal services, unless they have changed now. Google their office address to find the one closest to you.

Best of luck.

WritePal:
Listen to me very well, IGNORE HIM AND HIS LETTER! That's all. Again, I tell you, IGNORE HIM! He can't do jack!! Just be sure you're not spiritually lame, so he doesn't jazs you if he's an alfa or diabolical in some way.

If he comes to make noise in your house, ignore him again and again and again. If he constitutes a nuisance, tell him you don't have the money to move yet. If he touches anywhere in your home, removes a window pane or padlocks anywhere, take a picture of the place first, report to the police about burglary and your suspect (the landlord), then get their permission to enter.

If he tries nonsense again, warn him you'll have him arrested. Listen to me. The property at this moment is yours, not his. He has handed it to you in lieu of money. That's what is called rent. If he trespasses the property he rented to you, he has trespassed your right. No one can eat his cake (rent money) and still have it. The property can only revert to him when your money expires, and even then he should get a legal document (eviction notice from the court) if he cannot be patient for you to leave peacefully and at your convenient time.

Stop being afraid of any landlord. The property he rented to you is yours at the moment! Quit notice is his own pocket. Don't tell him anything, when he's tired he'll go and get eviction notice from the court. Don't teach him what to do. The court will call you. You go honour the call and tell them you don't have money to relocate at this moment. The court will ask you how long you think you can get money to leave. Tell them 8 months. Then in 6 months or less, you leave. Never give the Shylock a hint of your moves. Keep him in the dark!

That's the rubbish they do now. They'll start backdating quit notice in order to escape the 6 months requirements. Just ignore him! Last last, he will humble and negotiate with you. You can submit the trash and weightless paper of no consequence he called quit notice to a lawyer though. But don't pay too much attention to him. It's in the past they used to intimidate people with OPC, everyone knows their right now!!!

MODIFIED: Most of the guys telling you 6 months is not free are shylock landlords like yours or their children. Rent default is not a criminal offence, it falls under civil law. He can only take you to court, and he cannot do jack again. If you don't have money, you don't have money. Tell him to give you time. That's all. If he breaks part of your home or padlocks it, that's under criminal law and you can get him arrested. The power is with you as long as there's an existing relationship between you as landlord and tenant.

I see you have no idea what the law is all about, just change your mentality because the police will also embarrass you..

livelymatilda22:
Stop fooling yourself

nothing works like the mediation centre in Lagos. it has solved similar cases in it's hundreds

LuciferYaweh:
That's because your tenant ran down his tenancy & you probably issued your notice 6 months before his tenancy expiry date. In OP's case, he only has to pay till the expiry of his current tenancy (which he said he has done already).

After that date (December according to him), he isn't obliged to pay.

In my case, the tenant had outstayed the duration of his tenancy and refused to renew, so I had no other option than to issue him a notice to quit after the expiration of his tenancy

Don't get this wrong, but no law stipulates that a tenant served with a notice to quit shall stay the notice period for free.

Even the Nigerian government don't offer free housing whether temporary or permanently

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

bro don't take him to court, I repeat, DON'T take him to court.

Since u want to leave, approach him that one month is not enough and that u need more time. be civil.

If u take him to court, u will provoke him. And let's assume he is a diabolical person, just imagine what he will do, don't end up spending money in hospital while on sick bed.

If u behave civil, it doesn't mean u are stupid. It is wisdom. Please, am speaking from some experience, u don't know who u might be dealing with here. This Life is deep

Thanks

My brother, this landlord can render you useless so look for another place to stay.

solochiben:
nothing works like the mediation centre in Lagos.
it has solved similar cases in it's hundreds

give address or contact of mediation center u know around Ojodu Berger or nearby

harry41:
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

wat happens in a case whereby a yearly tenant rent expires by July 2018 and as at October 2018, d tenant is still unable to pay his rent n also unwilling to pack out, wat do u suggest should b done

veneza:
the man gave you three months notice for two reasons,one you are a yearly Tenant and secondly to give you enough time to park. The only thing that landlord wants is his money,just give him 1year rent and case close and if he disturbs you once your rent is still counting just ignore him,he can't pack you out all of a sudden its procedure.

The notice is just a ploy most landlords use to get their tenants to take the issue of rent payment seriously.
A subtle way of saying "Oga tenant, your rent go soon expire o and I expect you to renew am sharp sharp.

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!

if your tenancy is yearly is six months, if is half year is three months. but if you are paying anyhow he can give you at your expiration.

My own landlord swipe compond sand every 3am he as giving me quite notes of 6month yet his diabolical after I have confronted him and her wife they both confirmed by there words they want to evicte me without d experiation date just be prayerful.....forget d man gather yourself and vacate is premises and my lord would favour u miraculously.

ojive:
I see you have no idea what the law is all about, just change your mentality because the police will also embarrass you..

Oga, it is you that doesn't know the law. The police has no business with landlord-tenant dispute. Any police or soldier that gets involved will be toast. I just need to get to the right personnel asap. Landlords can intimidate when they notice you're novice. Go and get the policeman that will interfere in a quit notice matter and notify me, oga.

On the other hand, if a landlord goes gung-ho and tries to break any part of the property that he has already given out to the tenant, that's a criminal case and the landlord can be arrested. If you didn't know, every dispute or alleged crime is either civil or criminal. Police only deals with criminal matters. Landlord-tenant issue (as long as there has not been any physical assault) is a civil matter and belongs to the court. Nothing concerns the police. I repeat, nobody can arrest or do a tenant jack.

If the landlord gets tired, he should go and get an eviction notice from the court. If he tries nonsense, warn him of an arrest. If a policeman naively gets involved, just send a petition through your lawyer straight to Ikeja HQ and the policeman could be relieved of his duties as a policeman.

Gwilld:
Sir please use the money you have saved and start searching for a new place. Your landlord will win the case like APC primaries in Lagos. Good luck as you search for a new house.

Of course....but he is entitled to six month...then after the six months .. If he doesn't leave...then the landlord can take him to court.....but the process is slow...he might even end up spending more than six months... Before the court order his property to be thrown out...

My advice is to talk with the landlord...so he can extend it to six months....i believe he will accept....fight no go help o....

Your right na to hustle hard and build your own

pastoradebola:
My own landlord swipe compond sand every 3am he as giving me quite notes of 6month yet his diabolical after I have confronted him and her wife they both confirmed by there words they want to evicte me without d experiation date just be prayerful.....forget d man gather yourself and vacate is premises and my lord would favour u miraculously.

What kind of language is this pls? I don't think it is English ooo

Eseries:
Hello Nairalanders!



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.

Thank You!

Guy, no law permits u to live in another man's property free for 6months. Its only state u should get a 6month notice period. The 6 months isn't free.

I think its beta u leave his haus since he is becoming to much of trouble for u.
Goodluck bro

depends on your tenancy. is it a monthly or yearly tenancy

qwertyboss:
Just take that letter with you to any tribunal court and lay down your complain to them because according to constitution, a tenant is entitled to six months notice after his tenancy had expired. Be wise and open your eyes if not your land lord will cheat you! Take vehement step ahead of him. A stitch in time time, saves nine!

Nice.Am a valuer He should do as you said.Tenants always stand to gain when it goes to tribunal

mannatech:
In my case, the tenant had outstayed the duration of his tenancy and refused to renew, so I had no other option than to issue him a notice to quit after the expiration of his tenancy

Don't get this wrong, but no law stipulates that a tenant served with a notice to quit shall stay the notice period for free.

Even the Nigerian government don't offer free housing whether temporary or permanently

He has to pay for this @ bolded but if the landlord issued him a quit notice two months to the expiration of his tenancy as with OP's case, it is free since it is the landlord breaching the agreement and not him.

The landlord will be obliged to give him free 4 months (+ the 2 months making 6 months). If after the 6 months duration has passed and the tenant still remains there, he will pay for the entire time he has spent there including the four months that was supposed to be free.

If OP goes to Mediation Centre today, this is what will happen.

Based on you your landlord has not in anyway shit or contravene any law. If I understand you wella you are looking for a way to shit him and makes him suffer on his property. You shloud note that there is no known tenancy law that gives the tenenat right to occupy someone property without paying for it to the last day.
Now your landlord has given you the grace of ninety days to enable you looks for another house in the fisrt instance and you have right to another 90days making it 6months incase you are unable to find another place and note that you are pay him for all these period because no known law gives anyone the right to use another person property for free. Yes the court will bar him from embarrassing you or forceful eviction as long as you have not secure another place but you will be paying for all the period you use in the house.
My advice for you is either to look for another place b4 your current rent expires and pray to God Almighty to do your own for you.

Mike008:
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.

In what ways does the tenant benefit if the courts rule in his favor

Nigerian Landlords are wiser now!

They give u a quick notice 6months ahead of ur due date......leaving u to decide if you'll renew ur rent by the end of ur tenure!


Should you complete ur tenure, and still seeking for a free 6months to get a new place, they'll be like...... mr man, I av given u quick notice 6months ago....so pls move out if u cant pay!... wen u go to any court, the letter in ur hand was actually 6months ago...so u no get choice

I guess thats what happened to u!

DealPickers:
Fact:
you are entitled to a six months notice which could be served at anytime as long as it expires at a time when your rent has expired.
The notice given to you is apparently inadequate.
If you don't have the money to move now before January, you don't have to do anything, just be saving your money. He cannot use self help to evict you or throw your things out. That's illegal and a crime which he could be arrested for. If he harrasses you in any way, disconnects your electricity or water, even after January, just go to the police station and report. You are a sitting tenant, with rights to peaceable possession, even when your rent is due within not more than 1 year. The law protects you.
If by January you have not left, he will go to the police station at Anthony to report you. They will advise him on what to do, that is give you proper clear 6 months notice, before they can do anything. Those police guys are nice and don't like dealing with rent matters. I know that first hand.

If you want to fight it, you stand a good chance for that extra time. The law is clear, if you're a yearly tenant your 6 months notice should be neat and complete. You don't need to get a lawyer to respond. Dont even respond. The lawyer that prepared that notice is either ignorant or just trying his luck with scare tactics.

But if you don't want wahala and you have the money to move, just walk away.

You can contact me for more free advise.

Oga,
wetin concern police for Notice to Quit? Is the tenant a criminal or did he infringe on the landlords right?
Is Notice to Quit no longer the prerogative of the landlord?
And why is he going to contact you for more free advice? The one you have given him here is enough to stay clear off your type.

qwertyboss:
Just take that letter with you to any tribunal court and lay down your complain to them because according to constitution, a tenant is entitled to six months notice after his tenancy had expired. Be wise and open your eyes if not your land lord will cheat you! Take vehement step ahead of him. A stitch in time time saves nine!

I don't think its six months notice after the expiration of rent, I think its just six months notice, hence looks like he has till April next year.

mannatech:
In my case, the tenant had outstayed the duration of his tenancy and refused to renew, so I had no other option than to issue him a notice to quit after the expiration of his tenancy

Don't get this wrong, but no law stipulates that a tenant served with a notice to quit shall stay the notice period for free.

Even the Nigerian government don't offer free housing whether temporary or permanently

why you dey bother yourself. Don't you know that Nigerians like free things.... They would have preferred it if you were using your house as a charity home...AKA.. come and stay free of charge.

Kennyideal:
Nigerian Landlords are wiser now!

They give u a quick notice 6months ahead of ur due date......leaving u to decide if you'll renew ur rent by the end of ur tenure!


Should you complete ur tenure, and still seeking for a free 6months to get a new place, they'll be like...... mr man, I av given u quick notice 6months ago....so pls move out if u cant pay!... wen u go to any court, the letter in ur hand was actually 6months ago...so u no get choice

I guess thats what happened to u!

QUIT NOTICE. ... please.

eagleeye2:
Oga,
wetin concern police for Notice to Quit? Is the tenant a criminal or did he infringe on the landlords right?
Is Notice to Quit no longer the prerogative of the landlord?
And why is he going to contact you for more free advice? The one you have given him here is enough to stay clear off your type.

Okay sir. I'm sorry

Eseries:
Thank you.

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

Thank God your rent will be due December, meaning you must have saved enough money for your next rent and at least you have till January to vacate, start searching for another house, some fights are not worth it,you will waste your time, energy, resources and only gain one more enemy.

LuciferYaweh:
He has to pay for this @ bolded but if the landlord issued him a quit notice two months to the expiration of his tenancy as with OP's case, it is free since it is the landlord breaching the agreement and not him.

The landlord will be obliged to give him free 4 months (+ the 2 months making 6 months). If after the 6 months duration has passed and the tenant still remains there, he will pay for the entire time he has spent there including the four months that was supposed to be free.

If OP goes to Mediation Centre today, this is what will happen.

Please I need you to clarify something for me, I know most states have separate landlord tenancy laws, but I have never come across any where the landlord is obliged by law to allow a tenant live in his property for free

It is really disturbing to see the brazen show of greed and avarice in the undertone of most comments above. Landlord gives quit notice of less than 3 months and expects the guy to just up and leave without a fight? What kind of retards are you people? Then you open your foul smelling mouths and be shouting injustice and government disregard for laws yet majority will troop out on Friday and Sunday and go to mosque and church when a shred of human compassion and sense of fairness is completely missing in your mindset. na you build house for am? No. But that does not give him the right to evict someone who has been paying all the while unfailingly only because you need more money and obviously have no other source of income. Advice , make background checks on your landlord and avoid renting from the bastards who have no other source of livelihood other than rent collecting. They are real scumbags.

The way I see it, its not just the issue of rent again. Your Landlord donsn't want you in his property again, so its safer for you to leave peacefully without making case with him. Moreover, no matter how sweet the advice from lawyers in this forum may sound, court case is not what you'll enjoy. By the time you pay for opening of a file with a lawyer and start paying appearance fees, couple with the time you'll put in the whole process then you will know.