₦airaland Forum

bettercreature:
He did the right thing since you still have 4 months left plus 2 extra months Beside do you think you can afford to pay legal fees to sue your landlord? Money you supposed to use to rent another house
Just pack your things and leave it’s not your house

dgee1:
Without trying to start a tribal war here, honestly when I am not surprised you said this. I've made my little research, people from your part of the country are always very very hard tenants.


Now listen, the 'entitled 6months and 3months notice' you mentioned are NOT supposed to be free. It could be given while your rent still run. Go and educate yourself about this and stop putting people into wahala.

LegalOpinion:
I am telling you the position of the law. If you feel it's not correct, then point to that section of the LTL?

And I hope you also know that the Lagos tenancy law does not apply to all areas in Lagos State?

2papa:
You Said "That we should pack out two months after expiration of our various rent." My brother that Landlord loves you guys. In Port Harcourt Landlord can ask you pack out of his house even before your house expires. Just pack your things out without making problems or Case with him. You may Lose the Case and your money and Time

Lordsocrates:
Aww mosh u wan pay for the legal advice ? #weytinLawyersDeyDoSef.


I no get time to advice you shaa, so make i do copy and paste from my reading bits.



A tenancy may be terminated by either the landlord or the tenant.
Where a tenancy that was entered into for a specific period (i.e. six months) comes to the end of the six month period, a notice of termination does not have to be issued.
If that period was 6 months or more and the tenant intends to continue in occupation, he/she must inform the landlord of that intention between one and three months before the six month period ends.
It is important to note that it is an offence to purport to serve an invalid notice of termination and then act in reliance on it in a way that adversely affects the interests of the person on whom it was served.
It is vitally important for the party who intends to terminate the lease to serve a valid notice on the other party.

2. The landlord must serve a valid notice of termination on the tenant
A valid notice of termination must be:
(a) in writing
(b) signed by the landlord or by his/her authorised agent
(c) specify the date of service
(d) where the tenancy has been more than 6 months state the reason for termination.
(e) specify the termination date, the tenant has 24 hours from this date to leave.
(f) state that any issue as to the validity of the notice or the right of the landlord to serve it must be referred to the Private Residential Tenancies Board within 28 days from the receipt of the notice.
(g) The notice may be served on the tenant in person, may be left at the rented property, or may be posted to the property. If it appears that the tenant is not in occupation, the notice may be served on the outside of the property.

3. Notice periods
Subject to the terms of the lease (tenancy) the notice period to terminate a tenant’s tenancy is determined by the duration of the tenancy as follows:
(a) Less than 6 months 28 days notice
(b) 6 or more months but less than 1 year 35 days notice
(c) 1 year or more but less than 2 years 42 days notice
(d) 2 years or more but less than 3 years 56 days notice
(e) 3 years or more but less than 4 years 84 days notice
(f) 4 or more years 112 days notice
4. Valid reasons for terminating a tenancy that has lasted more than 6 months and less than 4 years
Where a tenancy has lasted more than 6 months and less than 4 years, the landlord must state in the termination notice the reason the tenancy is being terminated and the termination will not be valid unless that reason relates to one of the following:
(a) the tenant has failed to comply with the obligations of the tenancy.
(Unless the termination is for serious anti-social behaviour the tenant must have been given an opportunity to rectify the matter and have failed to have done so for the termination to be valid.)
(b) the landlord intends to sell the property within the next 3 months.
(c ) the property is no longer suited to the needs of the occupying household.
(d) the landlord requires the dwelling for own or family member occupation.
(e) vacant possession is required for substantial refurbishment of the property.
(f) the landlord intends to change the use of the property.
In the cases of (d), (e) and (f) of the listed termination grounds, the termination notice must contain certain additional details as specified in the Act relating to the former tenant being given first refusal to resume the tenancy should the property become available for re-letting.

5. The tenant must serve a valid notice of termination on the landlord
A valid notice of termination must be:
(a) in writing
(b) signed by the tenant
(c) specify the date of service
(d) specify the termination date (the tenant has 24 hours from this date to leave
(e) state that any issue as to the validity of the notice or the right of the tenant to serve it must be referred to the Private Residential Tenancies Board within 28 days from the receipt of the notice.
(f) The notice may be served on the landlord or his/her agent in person, or may be left at or posted to the landlord/agent contact address.

6. Notice periods
Subject to the terms of the lease (tenancy) the notice period to terminate a landlord’s tenancy is determined by the duration of the tenancy as follows:
(a) Less than 6 months: 28 days notice.
(b) 6 or more months but less than 1 year: 35 days notice.
(c) 1 year or more but less than 2 years: 42 days notice.
(d) 2 years or more but less than 3 years: 56 days notice.
(e) 3 years or more but less than 4 years: 84 days notice.
(f) 4 or more years: 112 days notice.
(g)The tenant need not supply a reason for terminating the tenancy except where terminating for a breach of the landlord’s obligations or where the required notice period is only 7 days.
(h) Notice of termination of tenancy with multiple tenants
Where the tenancy is let to a number of tenants jointly, the notice of termination will be valid if it is signed by any one of the multiple tenants on behalf of all the tenants. The other tenants must be named in the notice. A purported notice is not valid if the other named tenants have not agreed to its service.
(i) Deemed termination of tenancy by tenant
A tenancy is deemed to have been terminated by the tenant where the tenant has vacated the dwelling without giving the required amount of notice and is in arrears of rent or vacates without any notice and is at least 28 days in arrears of rent.

7. Lesser Notice Periods by Landlords and Tenants
(a) Only 7 days notice need be given by a landlord to a tenant where the termination notice results from serious anti-social behaviour by the tenant or behaviour that is threatening to the fabric of the property or the property containing it.
(b) Only 7 days notice need be given by the tenant to the landlord where the reason for the termination is that the behaviour of the landlord poses an imminent danger of serious injury or death or danger to the fabric of the property or the property containing the property.
(c) Otherwise the normal notice period for terminating a tenancy by reason of non-compliance with tenancy obligations is 28 days for both landlords and tenants where the failure has been notified in writing and not remedied within a specified period.
(d) Where the breach of the tenant’s obligations is a failure to pay the amount of rent due, a termination notice may only be served following the written notification by the landlord to the tenant of the amount owing and the rent still being owed 14 days after that notification is received.
(e) Landlords and tenants are free to agree a lesser notice period than those specified in the Act. However, such an agreement may only be entered into at or after the time that one of the parties indicates to the other the intention to terminate the tenancy. It is not, for example, legal to agree to a shorter notice period at the time the tenancy is being first entered into.

8. Greater Notice Periods by Landlords and Tenants
Tenants and landlords are free to agree longer notice periods than those specified in the Act. However the maximum notice period that can be given by either party to terminate a tenancy where the notice is being issued during its first 6 months is 70 days.

9. Sub-tenants
(a) When a landlord is terminating a tenancy that is sub-let, the landlord must notify the head-tenant of any requirement to terminate the subtenancy. If so, the landlord must also serve the sub-tenant with a copy of the notice of termination.
(b) Where the landlord wishes the head-tenant to terminate the sub tenancy, the head-tenant must serve a notice of termination on the subtenant within 28 days of the head-tenant’s receipt of the notice of termination from the landlord.
(c) If the head-tenant intends to refer a dispute to the Board about the validity of the termination, the notice served on the sub-tenant must require the sub-tenant to inform the head-tenant within 10 days whether or not the sub-tenant also wishes to dispute the validity of the termination and the head-tenant may not refer the dispute until 15 days after the service of that notice on the sub-tenant.

10. Where the landlord does not require the head-tenant to terminate the sub-tenancy
(a) the head-tenant must notify the sub-tenant within 28 days of the contents of the termination notice received.
(b) the head-tenant must also notify the sub-tenant if he/she intends to refer a dispute about the validity of the notice to the Board and of the outcome of the dispute within 14 days of receipt of the Board’s determination order.
(c) If the termination of the head-tenancy is found to be valid, the sub-tenant would then become the tenant of the landlord.

olaben16:
He came with the excuse that he wants to carry out repairs on the property.

Forgetting that this is Lagos were getting a house is like a 4 unit course.

New rent, agent fees, agreement fees.
Am even hearing of a new one called caution fees.

Please, what should I do next, waiting for your contributions

bigtt76:
At bolded.... The more reason the judge would uphold the notice to evict you. You have no money but want to stay in the house... Who will be paying your bills and who will pay the bills on the house the landlord is meant to pay?

Badb0y4lyf:
Hello barristers in the house I’m also in this same predicament mine was even worst the landlord gave quick notice just 6 months into my rent so my rent would elapse within a year and also with the stipulated 6 month quick notice. My question are 1) What is the legality of this? 2) what options does the tenant have or can explore? 3) what if I write to the landlord that I can move within a week and would request refund of my 6 month unused rent back and other funds that went into upgrading the house
Barristers In the house please I need your ever knowledgeable advice thanks.

olaben16:
Good morning Nairalanders.
Please help a fellow with an advice this morning.

So, two weeks ago my landlord came to the compound, and said the caretaker who was handling the building for him was no longer in charge that they have parted ways.

Then we all complained of the state of affairs between tenants and how only some of us have been shouldering the responsibilities of repairs, and others are never contributing.

For the records, there are only four flats, two up and two down.

In his response, he said he was disappointed that we were not cooperating as neighbors.

Without proffering any solution, he left only for him to come this morning with quit notice for all for tenants.

That we should pack out two months after expiration of our various rent.

Now it should be noted that I have never owned him rent, and we pay yearly.

My current rent will expire April 30th 2019.

Now my question is this.

Is that how quit notices are served?

Is it right to give a tenant that pays yearly rent just two months to pack out?

I have never been involved with this landlord/tenant wahala, so don't know the best action to take.

Please legal people in the house, I need your advice.

Your advice will be very helpful in my next line of action.

God bless you all.


Help a brother by pushing it for me.

olaben16:
Thank you very much, I won't make trouble at all with him.

But are you saying I should wait till June before I serve him?

Thanks again sir.

doctordauda:
If you try this shiit in my property , i can assure you that you wont be alive to witness that 2yrs.

If you know, you know.

MarianaTrench:
Why would you want to stay in somebody's house for 2 years without paying rent?

Would you tolerate that if you were a landlord who builds his house from sweat and tears?!

bigtt76:
At bolded.... The more reason the judge would uphold the notice to evict you. You have no money but want to stay in the house... Who will be paying your bills and who will pay the bills on the house the landlord is meant to pay?

Reference:
People looking for long term stability in a short term economy. If things were right you should be paying your rent to a mortgage institution while living in your own home. This huge investment opportunity we are already working on and on a few years we will have the capacity to formally launch.

INDUSTRIALFAN:
Oga calculate well, he gave 6 months notice January to April 4 months plus 2 extra months 6 months. If he goes to court, he'll only be wasting his time and money. Best to go speak to the landlord on a personal one on one level since he has always held up his own end of the bargain. The Landlord must have also sought legal advice too.

WritePal:
Op, when you see these kinds of comments above on these thread that offer no explanations for their shallow outburst (cos they know the truth, but will hide it), KNOW THEY ARE FELLOW LANDLORDS TOO, and only expressing their fears with their own tenants. Their fellow Shylock landlords are the ones clicking like and shares on the useless comments.

As long as you paid for rent (just as in any other commercial deal), the house belongs to you for the entire period of rent, NOT THE LANDLORD. So, don't let anyone come and bamboozle you.

Yes, don't make trouble, but don't give him an opportunity to intimidate you either. My simple input: Landlord-Tenant matter is a civil issue. He can't use force under any guise, except sanctioned by the court. So, don't be afraid of anything.

Talk to your lawyer about post-rent period legally accrued to you. Ignore the landlord. Ignore his fellows in the comments here. Let him go to court. Tell him you'll leave after 6 month of your rent expiration. Close the chapter. No argument. Move on.

udemzyudex:
Funny, Oga na you go pay for that 6 months, the 6 months grace given is for you use it and hustle and get out.

Why will I pay for the 6 months grace stipulated by the law?

Omo some landlords they use people anyhow ooo. Now I know why some landlords dey say them no dey agree take igbos again

Oga if you want to make case with your landlord you will stay 9 months + without paying shishi.

If to say i never get experience I for no argue but for wetin I know, me pay for the 6 months. I hear u.

Mizwisdom:
What did you do to offend him? If it's something you can apologize go and make amends. I can't figure anything he has done wrong, lawfully

olaben16:
Good morning Nairalanders.
Please help a fellow with an advice this morning.

So, two weeks ago my landlord came to the compound, and said the caretaker who was handling the building for him was no longer in charge that they have parted ways.

Then we all complained of the state of affairs between tenants and how only some of us have been shouldering the responsibilities of repairs, and others are never contributing.

For the records, there are only four flats, two up and two down.

In his response, he said he was disappointed that we were not cooperating as neighbors.

Without proffering any solution, he left only for him to come this morning with quit notice for all for tenants.

That we should pack out two months after expiration of our various rent.

Now it should be noted that I have never owned him rent, and we pay yearly.

My current rent will expire April 30th 2019.

Now my question is this.

Is that how quit notices are served?

Is it right to give a tenant that pays yearly rent just two months to pack out?

I have never been involved with this landlord/tenant wahala, so don't know the best action to take.

Please legal people in the house, I need your advice.

Your advice will be very helpful in my next line of action.

God bless you all.


Help a brother by pushing it for me.

udemzyudex:
I should be the one telling you to go and educate yourself mister.

If you can't make your post quoting the Lagos tenancy law then STFU.

olaben16:
Good morning Nairalanders.
Please help a fellow with an advice this morning.

So, two weeks ago my landlord came to the compound, and said the caretaker who was handling the building for him was no longer in charge that they have parted ways.

Then we all complained of the state of affairs between tenants and how only some of us have been shouldering the responsibilities of repairs, and others are never contributing.

For the records, there are only four flats, two up and two down.

In his response, he said he was disappointed that we were not cooperating as neighbors.

Without proffering any solution, he left only for him to come this morning with quit notice for all for tenants.

That we should pack out two months after expiration of our various rent.

Now it should be noted that I have never owned him rent, and we pay yearly.

My current rent will expire April 30th 2019.

Now my question is this.

Is that how quit notices are served?

Is it right to give a tenant that pays yearly rent just two months to pack out?

I have never been involved with this landlord/tenant wahala, so don't know the best action to take.

Please legal people in the house, I need your advice.

Your advice will be very helpful in my next line of action.

God bless you all.


Help a brother by pushing it for me.

I am a legal Practitioner. I have read some very misleading advice here yet with several likes.
A yearly tenant is entitled to a clear six months notice to quit. It can be issued to a tenant inrespective of whether he is in arrears of rent or not but it must not end before the expiration of his current rent if he is not owing rent.
Key word here is CLEAR MONTHS, SIX MONTHS NOTICE FOA A YEARLY TENANT, AND YOU DONT HAVE TO BE OWING BEFORE YOU CAN BE ISSUED A QUIT NOTICE AND THE QN MUST NOT EXPIRE B4 YOUR RENT IF NOT OWING..

Dshocker:
My landlord wanted to evict me just like that in 2009 and this was my method.