₦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!

person say make u move out of his house when your rent expires you're looking for law to live 6months for free, thunder fire u there...stay till he plans to have you beaten and pour how stew and acid on you. you will see trouble you won't avoid it. he even gave u till your rent expires you're asking nonsense questions,

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

Why not start looking for the house now, so that before January you should’ve paid and packed in.

Bro somethings in life are not worth fighting for. Even if you want to challenge him in court is it free??
Bro free your landlord and his house, dem no tire your destiny for him house.

If you have the means(money)to rent another house,just go away.You said he gave you up to January which means you have November,December and up to January 31(3 solid months) to look for alternative accommodation.If you have the means,two weeks are not for you to get another house.

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!

Op, from experience by what I went through in my own case, please start preparing to pack by January.

This eviction is a blessing in disguise for u. I know it's shocking and a bitter pill to swallow but please if u want to live a life of peace , and not a life of turmoil coupled with spiritual attacks and possibly slump and die in that house, biko Pls pack by January.

I almost died in my former house while resisting to pack. But when I couldn't bear the series collapsing of heart attacks, my dear.. I had to pack and dash out stuffs.
The former laondord death with me spiritually cos he wants me out as well.


Thank God I didn't fight him in court even when my company lawyer said we should fight him. I told my company lawyer, is it not when one is alive, hail and hearty, that's when someone can fight and win. I know what I am seeing in this devilish house, please no court case, Pls let's pack.
Thank God, we packed. My life is so much better than before now.

My doors of prosperity is opened wider than before. I am 100percent at peace with my life now.


Abeg pack! Before he kills you one way or the other.

Build ur house. That is ur right

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!

quit notice, should have been issued six months before the eve of the rent expiration. Well there is no need to renew, just use the time to look for a house. Then move out, immediately your rent expires. But he should have issued it to you, in June and not October.

Jus to add my voice.... ve you read the lease agreement you signed on securing your rental apartment. From personal experience its crafted very skilfully to remove the landlord from liability at the expiration of a tenement aggreement. You might want to talk to a lawyer further but I doubt if you have many options open to you. Even if you are granted leave you can't remain in residence without paying for it. And I want to believe its thesame resources you want to save up to get a new place. My candid opinion.... engage with your landlord, play the fool buy more time if you need some and walk

DealPickers:
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.

Thumbs up. It is arguable. The decision of the court can go either ways.

DaddyNimo:
person say make u move out of his house when your rent expires you're looking for law to live 6months for free, thunder fire u there...stay till he plans to have you beaten and pour how stew and acid on you. you will see trouble you won't avoid it. he even gave u till your rent expires you're asking nonsense questions,

Bros Easy Na?

LegalOpinion:
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.

Thanks You! I find this very helpful

yungdazzle:
@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

Thank you.

Wonberi:
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

Thank you bro!

Dez no tenancy law in Nigeria dat prescribes an eviction notice AFTER d expiration of d tenancy agreement. An annual tenancy require dat d landlord give d tenant at least 6 months notice to quit & usually during d course of d tenancy. A landlord can give u notice to quit anytime he like, provided he's not doing in indiscriminately or encroaching on d tenant's rights. Whereby after d expiration of d notice, d tenent has not been able to secure alternative accommodation, d landlord is obliged to extend d notice, & d tenant is obliged to pay for d full period of extention. In ur case, d landlord is not encroaching on ur rights. It is his property & he has d right to recover it anytime it is necessary. He may be evicting u cos u stop0ed paying in advance but u cant prove dat. He cud simply require d property for his personal use. No need to hav issues wit d landlord, if u can appeal to his betta nature to witdraw d eviction notice, do. Othawise start searching for alternative accommodation cos it cud turn out to be a waste of time & resources. No lawyer will tell u d truth cos dat is bad biz for dem. Gud luck!

SaintHilary:
Y'all telling him park out like say money dey eazi to gather rent house..bro fite for ur rite
Jazz or no Jazz...if u didn't do anything wrong notin dey happen...wen it's d rite tym go ur way
PS u don't need a girlfriend wen you're looking for money to move out
My 2cents

bros help tell them open. pack out pack out. like Lagos is Asaba. to pay for single is even a problem for most lagosians. you all think the landlord has the right to that una own turn go soon come. maybe you all will fly out.

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).

Hi, I'm looking for an apartment that's open for rent Next year February. I know it's still months off, but would you be kind to let me know if or when you have one available? Thank you

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!

It is an invalid quit notice . If I were you I’d sit back and relax because he cannot enforce it in any court of law

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!

Not entirely correct . He is only entitled to six months if he isn’t in arrears

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).

It is. It is not a painfully slow process if your lawyer knows the right thing to do . Barring unforeseen circumstances in the Ikeja Magisttate court all should be concluded in 4 months or less

TimeMachine:
Eseries,

Make Photocopies the Quit Notice and keep the original on your file.

Take one of the photocopies and attach with a Confirmation of Receipt Letter to your landlord. The structure of the Confirmation of Reeipt Letter to your landlord should state that you have received the quit notice and have accepted it, then emphasize that you need 5 months of the 6 months to search for a new apartment to rent due to time constraint with your work, and you need additional one month to re-model and paint the new place when you secure one, which completes the 6 months free rent legally provided by the Tenancy Agreement of Lagos State Law (quote the law).

Ensure that you hand over this letter/ photocopy of document personally to your landlord, and drop copy of the quit notice and the response at a near by police station that is within your jurisdiction and make an entry, I repeat, make an entry and report it officially.

Also inform a legal adviser or an attorney with background in law.

If your landlord quarrels and throws tantrum, DO NOTHING, do not say anything. This is very important. Submit the documents and leave him alone, do not respond to him or any of his relatives regarding the rent and be afraid of nothing.

I repeat be afraid of nothing. If you say anything, that is negotiation, and you can not negotiate. If you say nothing, he will not go to juju, just say nothing. And start searching for a new home and when you find one, move at your discreation but ensure you pack out within the time-frame stipulated by the law and that is 6 months free of charges but ensure you pay your electricity bills and other utilities before moving out.

Good luck.

Thank you for the advice.

highchief1:
go buy land build house

Bros me go like buy land build house, you get any hustle way you go put me through?

LuciferYaweh:
Don't waste time, just take the letter to your local government secretariat and ask for the Mediation Centre. It handles all tenancy disputes.

Tender your letter and complaint to them. They will invite your landlord over eventually and if he refuses to show up, they will charge him.

Your landlord messed up by writing you a quit notice - he just handed you free 6 months accommodation!

He cannot evict you until March/April next year by law and you're not obliged to pay for this period.

pls don't mislead the young man. though the notice is faulty but you are lucky the man didn't backdate the notice. if you want to pursue it in court of law, ask yourself " at what cost"? and have it no mind that no judge will tell you to remain in his house forever.
No law says a tenant should not pay rent after being issued a quit notice. the notice is for you to gather yourself out.

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).

is either ur tenants have a strong connection wit d judiciary in dat state or ur lawyer is not topnotch, how can it b taking a lawyer almost 2 years to evict a tenant

Simple wisdom o. Some of us don't ever learn. When e enter jazz matter, na court go help him?

Samuelwin:
Bro just look for other alternative. Don't waste ur resource & time. Even if u take him to court & u win. Just remember those landlord won't let u go like that before he jazz u and u start visiting spiritualist for solution. Some time God uses some people to save other situations.

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.

Wow, that's fair and good to know.

Na wa o. Just start looking for another place and move out as soon as possible

Edipee:
I learnt from yours post. Thanks.

please can I have your contact, mine is 08030456050

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.

Can I get ur contact please, guess u re a barrister

MINET:
please can I have your contact, mine is 08030456050

Why not send me a PM?

MINET:
Can I get ur contact please, guess u re a barrister

Check your email.

From your explanations you appear to be a yearly tenant. A yearly tenant is a tenant who effects its rent yearly. Pursuant to the Lagos Laws, a yearly tenant is entitled to a 6months Notice( this means 6 clear calendar months) but this statutory provision only prevails if there is no provision as regard this in the agreement executed when u were taking up the apartment. The implication of this is that a landlord can oust the application of the 6 months notice by stating otherwise in the agreement. That is y it is very important to read the tenancy agreement very before taking up the apartment cos once you attest your signature you would be bound by the terms.
Take note, irrezpective of whether u are entitled to a 6 months notice or any lenght of notice that might have been stipulated in your tenancy agreement, the period you stay there would not be free, there is no law that states that. That is a mere misconception. You would pay for every month.
Now if u had a tenancy agreement executed when you took up the place, you need to read through it. If your agreement is in line with the notice issued, u just left with the option of trying to get an apartment as soon as possible and try and plead with him to give you time.
If there is no stipulation as regards that in your tenancy agreement or no tenancy agreement at all, you are entitled to 6 months notice to quit, that is the provision of the law and no landlord can bend that. All in all amicable settlement is the best, so try and see your landlord and make him understand that you are ready to leave but statutorily you are entitled to a 6 months notice and there4 he should give you the appropriate time to get somewhere else. If he is still proving stubborn, you need to go to a mediation centre and he would be called over and issues would be sorted out amicably.
Follow the link below for any enquiries on how to go about booking an appointment for mediations.

https:///BLJv6jgOuWV1rySpKILjKB

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

just visit your local government Secretariat and ask, you will be directed

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.

You think you're smart. Ignorance can make people talk BS sometimes.