₦airaland Forum

eagleeye2:
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.

They can become landlord for free self.
Land full sambisa wey nobody dey use.

My advice to you is either you go to him and find out what the problem is if he insist you pack out tell him to give you six months

If he agrees pay him for that and still keep searching and pack out

Getting a lawyer and going to court is a long process and money is involved

You may win but you will still pack out

But in the course of all the thing, the land lord might go spiritual and pray not to be a victim

gassbee:
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

Let me give you suggestions:
Number 1.
Did you sign Tenancy agreement with the tenant?
2.
what did the tenancy agreement say, concerning the duration of notice to quit, when one party fails in fulfilling his obligations as stipulated in the agreement?
3.
If no tenancy agreement was signed, or the duration for notice to quit is omitted, the this is what the law states;
A.
For a yearly tenant, serve him 6 months notice to quit
B.
For a half yearly tenant, serve him 3 moths notice to quit
C.
For a quarterly tenant, serve him 1 months notice to quit
D.
For a monthly tenant, serve him 7 days notice to quit.
NB
You have to first serve the required Notices if you are seriously considering taking back possession of your property according to law.
Be careful, not to resort to self help because a tenant that knows his rights can turn the tables against you.
After the notice to quit has run it's due course, you need to file another notice, which is OWNERS INTENTION TO RECOVER PROPERTY.
After that, na court una go see una self. And once it gets to court, its no longer in your hands.

Lonestar124:
Which constitution state that?

Lagos state tenancy law.

Segeshow:
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.

You should have make your point without insulting others whose view differs from yours. Now that you have said the best, hope you're happy?

mannatech:
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

No it is not for free.

Let me use OP's case:
His tenancy expires December 31st. Landlord should have issued him a quit notice on June 30th.
By issuing him quit notice October 31st, OP has a grace period till April 30th, 2019 by law (6 months).

If he leaves before April 30th, 2019, OP has a strong case & will not be obliged to pay for the extra 4 months.

However, if OP stays beyond April 30th 2019, he must pay the rent for January 1st to April 30th.

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!

@mannatech read this.

Landlord should have given him quit notice 6 months prior, not today.

Landlord does not have a strong case here.

You may want to punish him for being selfish.

You may feel you have been a good tenant and you don't deserve to be given quick notice.... As if you were a irresponsible tenant.

Trying to deal with him only make things difficult in return for you.

It's his property and he can do as he likes.

Even if you win and are given six months, you will be living in an antagonist environment, with hate directed towards you.

Find another place you still have time and God may want to take you to a better place.

Being vindictive only blocks your real blessings.

[quote author=Nas4all post=72430680]You may want to punish him for being selfish.

You may feel you have been a good tenant and you don't deserve to be given quick notice.... As if you were a irresponsible tenant.

Trying to deal with him only make things difficult in return for you.

It's his property and he can do as he likes.

Even if you win and are given six months, you will be living in an antagonist environment, with hate directed towards you.

Find another place you still have time and God may want to take you to a better place.

Being vindictive only blocks your real blessings.




Yeah leave it to God and hope for his blessing. Spoken like a true African. They will keep cheating you and you will go to church or mosque to get blessing, rather than get redress from a court. That's why there are laws to make societies function and not let anarchy take over. You people disgust me.

LuciferYaweh:
@mannatech read this.

Landlord should have given him quit notice 6 months prior, not today.

Landlord does not have a strong case here.

This is not new Na. Just a loophole in the tenancy law landlords use to make tenants renew on time or pack out.
The landlord goofed though by issuing 3 months notice for an annual tenancy provided no tenancy agreement exist between the op and his landlord , so yeah maybe he has no case but this is Nigeria, a lawless land

LuciferYaweh:
No it is not for free.

Let me use OP's case:
His tenancy expires December 31st. Landlord should have issued him a quit notice on June 30th.
By issuing him quit notice October 31st, OP has a grace period till April 30th, 2019 by law (6 months).


If he leaves before April 30th, 2019, OP has a strong case & will not be obliged to pay for the extra 4 months.


However, if OP stays beyond April 30th 2019, he must pay the rent for January 1st to April 30th.

All what you said is correct, only if there is no TENANCY AGREEMENT, stating otherwise.
If tenancy agreement states ONE MONTH notice to quit, then the landlord is well within his right.
Modified:
Whoever told you that the OP, can even stay ONE DAY,, free in the eyes of the Law is leading you astray

Nonsense, do u think is easy to build house?, u want to claim ur stupid right for someone's house... Bro sorry for using harsh words on u but 4months from till January is okay for you to get another apartment

Actually, your landlord gave you 3 months and 6 days [October 25, 2018, thru January 31, 2019] of an eviction notice. I am not sure what the Nigerian Tenancy law is, but the Common Law on tenancy requires at least a 30-day notice from the landlord or the tenant for either eviction or intent to vacate respectively. So, as someone suggested, consult an attorney so you can know your rights. Good luck!

LuciferYaweh:
No it is not for free.

Let me use OP's case:
His tenancy expires December 31st. Landlord should have issued him a quit notice on June 30th.
By issuing him quit notice October 31st, OP has a grace period till April 30th, 2019 by law (6 months).

If he leaves before April 30th, 2019, OP has a strong case & will not be obliged to pay for the extra 4 months.

However, if OP stays beyond April 30th 2019, he must pay the rent for January 1st to April 30th.

I
Either way, the op still pays for the extra months spent, doesn't matter whether he packs out before or after the notice to quit expires.

In simpler words, notice to quit issued whether before or after expiration of tenancy is not free.

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

What I said is wrong as how?

TimeMachine:
Where did this illiterate resurrect from ?

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

Yoy are the illiterate and a greedy tenant here... You think you can be jumping from one house to another just to enjoy 6 months of free house rent after quit notice? You better wake up and stop fooling yourself..

@Eseries

1) As a yearly tenant you are entitled to six months notice. So this notice is illegal because according to you, your rent is still subsisting. After the expiration of your rent, you are only entitled to seven days notice.

2) If your Landlord is bent on evicting you, he should wait till your rent expires, then he can issue you with a statutory seven days "notice to a tenant at will" and after its expiration, issue you with another seven days notice of owner's intention to recover possession after which he will file a particulars of claim to evict you and claim arrears of rent (if any). This process could take over three months.

3) The tenancy law in Nigeria favours the tenant. This is what most landlords don't know.

4) Your Landlord cannot evict you without a Court order. And this can only be obtained after the case must have been heard in a court of competent jurisdiction.

5) You can sue your landlord if he resorts to self help or tries to evict you illegally (by unlawful means).

My advice to you is that you negotiate with your Landlord. Ask him to give you time to seek for another accommodation.

And please do not engage in any unlawful act. If your landlord crosses his boundary, don't retaliate, rather report him to the appropriate authorities.

#PEACE

There's no law anywhere that says you have even 1day to stay over. Just plead with your Landlord to allow you a week or two to move out. What the Landlord could have done to help you out is to give you adequate notice before your current rent expires...and the duration notice should have been clearly spelt out in your agreement signed. Typically, most landlord gives you 3months notice and that should actually run towards your rent expiration date. Not extra 3months free lunch after rent has expired.

udemzyudex:
Lagos state tenancy law.

Ok, I see, It's only restricted to Lagos state.

Please talk to a lawyer and decides what is best for you considering your present financial status.

Wey u park in peace 3months notice is ok

OkirikaNwankwo:
You need to read the write-up on the link below. Don't over-react, lest your landlord will win.

https://tukool.com/quit-notice-law-in-nigeria/

I am entitled to 6 months then because I pay annually, I do not have a tenancy agreement but I do have proof of my previous annual payments.
I don't mind if I have to pay for the extra period I stay just want to have enough time to prepare.

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

The tenant won't suffer the landlord's arbitrariness, he will enjoys his full rights as a tenant and the court may award damages where the situation warrants. Also, the court may accord the tenant a longer time before he lives the property without having to pay arrears of rent or mesne profit.

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!

yes, you are entitled to 6 months notice before your tenancy expires,hence, he should have given you notice to vacate the premises in July. Now, if ur rent had expired in December before he served u the quit notice, he would have served you with 7days intention only if you did not renew your tenancy. This kyn notice the man dey drop at this time no go work at all o.
I would advise you get another apartment before ur tenancy expires, if you are buoyant or you fight it!

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!

Well, it's rather unfortunate that you have such a character as a landlord. The landlord may be right or wrong depending on the agreement you signed with him.

However, let me quickly correct a wrong impression here. There is no provision in the law that gives you six months after the expiration of your rent.

The position of the law with regards to quit notices is that a yearly tenant must be given 6 months notice to quit.

Now, even if the landlord served you the notice on the same day your rent expired, he must give you six months period within which time, is considered reasonable to get another apartment.

BUT. That period is NOT FREE. You must pay if he follows due process.

Now, the reason people consider it free is, if within that period after your rent has expired and he has served you notice to quit, he can not demand rent from you personally.

He must file a claim.
He can not physically stop you from vacating the premises without paying for the period you stayed after your rent expired. He can only stop you through the order of court.

MOST IMPORTANTLY, If in your tenancy agreement, you relinquished your rights, like jointly agreeing with him that a month notice is okay or that your tenancy is considered a MONTHLY tenancy and that you paid for 24 months in advance.

Then such agreement can not be contested and the statutory provision doesn't apply to your case any longer.

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!

Go and consult your lawyer, we lawyers didn't go to law school for free.

Am yet to read through the comments to see if a lawyer has commented. As a lawyer my first advice is to disregard those telling you you have 6months or you are entitled to 6months free rent. There are no laws backing that up. What d law says is if there's no agreement between you and d landlord then depending on d duration of your tenancy you have 6, 3, or 1 months and it must be paid for. And such duration can be deduced from your mode of payment or d way in which d landlord requests for his payment. You didn't build d house for him.
Thee are some clauses in d agreement that would mean that you only have 7 days notice to quit his apartment. Another instance that destroys d veil of months notice is d way and manner you are owing rent n of course in your case you are not owing.

2ndly, d landlord has d right to use his apartment if he so wishes.
There are so much to be said on this matter that I don't really have time now to enlighten you. The truth is you have a good case but whether good or bad you have to pay your rent and d landlord's lawyer would most like ask for mesne (pronounced mean) profit during d duration d matter is in court.

So my advice is that since d landlord is already a pain in ur neck the money you will use to get a lawyer to prove your right might be enough for agent n agreement for d new apartment (depending on ur choice of apartment). I believe November to January is enough to get a place if you have d money. And most likely it seems d extra month of January has been given to u free. If you need a free advice you can call me. Check my signature

Mike008:
The tenant won't suffer the landlord's arbitrariness, he will enjoys his full rights as a tenant and the court may award damages where the situation warrants. Also, the court may accord the tenant a longer time before he lives the property without having to pay arrears of rent or mesne profit.

Insightful
Thanks

Go build ur own house!!!

See eh, if I build a house with my blood and sweat and I give you quit notice and you come around to tell me the law gives you the right to live in my house for free for 6 months......



You're playing with your life. I may jazz you or even destroy you.



You better leave the house once your money don expire

Meet any C.D.H.R members and these comrades will help u out free of charge