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Legal Advice Needed, My Landlord Just Brought Quit Notice For All Tenants. - Properties (12) - Nairaland

Nairaland Forum / Nairaland / General / Properties / Legal Advice Needed, My Landlord Just Brought Quit Notice For All Tenants. (38769 Views)

My Landlady Just Brought A Quit Notice To Me Out Of The Blue! / Ghana Landlady Gives Female Nigerian Student Quit Notice Over Noise During Sex / Will A Tenant Pay During His 3 Or 6 Months Quit Notice? (2) (3) (4)

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Re: Legal Advice Needed, My Landlord Just Brought Quit Notice For All Tenants. by InvertedHammer: 6:21pm On Dec 16, 2018
Bbdealer:
So you think after he stay for the 1year and the judge ends the case he will not pay for that year he is stayed. Excluding the lawyers fees and appearance fee. Lolz my brother use Ctrl + brain when advising someone
/
He is willing to pay but not ready to move.

Got that? Dimwit!

/

1 Like

Re: Legal Advice Needed, My Landlord Just Brought Quit Notice For All Tenants. by teemy(m): 6:23pm On Dec 16, 2018
olaben16:



Thanks, moving out is not really a big deal, but you know the logistics involved in moving to a new apartment in Lagos, unprepared?

Moving entails budgeting.

So giving me just 2months after my rent to sort it out is my major concern.

I can't drag his own house with him.

But I just think if I pay my rent yearly and as when due, then I shouldn't be put under Durex to move out.

I might be wrong though, that's why I sought for advice, so that I don't take the wrong step.

The law stipulates that the landlord can request repossession of his property but needs give you six months prior notice being a yearly tenant. That six months is also NOT FREE. Meaning on a normal day, after April, if you stay till June, you are to pay the extra two months rent and move out.

However, from your writing, I believe your landlord is giving you guys the extra two months after rent due free possibly due to your costs of repairs and any other compensation. He is being more than fair. The right thing is to be a gentleman and do the right thing by April or June.

One more thing, the landlord is not going to house a ghost. He will still give it out to humans. You can still go sort yourself if you know what I mean. Trying to fight him only leaves you in a bad light and no new landlord would take you in if such is heard about you.

I think in the UK, there is a record of tenants and troublemakers that house owners verify from before letting out their place.

Wishing you well - Teemy
Re: Legal Advice Needed, My Landlord Just Brought Quit Notice For All Tenants. by LegalOpinion: 6:37pm On Dec 16, 2018
udemzyudex:


Funny man. Educate me pls, which part does it apply to?

1 Like

Re: Legal Advice Needed, My Landlord Just Brought Quit Notice For All Tenants. by WhoJahDonBless(m): 7:02pm On Dec 16, 2018
madgoat:


Are you sure you are wise at all angry
How will 6 months mean any time. So a tenant should pack out while his rent is still running because the 6 months was issued and elapsed during the time of rent. Plz use your sense abeg. The 6 months will be after the expiration of rent.

Am not sure u read wat I wrote and if u did I doubt if u understood it. This is not logic its d Law and its black and white. I believe u are the wiser one U can download the tenancy law of lagos state 2011 and read it for better understanding.
Re: Legal Advice Needed, My Landlord Just Brought Quit Notice For All Tenants. by crafteck(m): 7:27pm On Dec 16, 2018
Stevewonder004:
Dats why i love my igbo brothers...
We dont take such bulshit, and thats why the yoruba landlord fears the mention of an igbo tenant........
I would have offer to help but i dont know the tribe dat your landlord came from but if he is an omor igbo my brother the only advice i have for you is to start looking for another apartment cos he already has his own other plans for all of una that will try to mess up with him.........
You can say what ever you want but what i just told you is the pure truth....

Tribalistic fool don spoil thread
Re: Legal Advice Needed, My Landlord Just Brought Quit Notice For All Tenants. by Legalissues: 7:56pm On Dec 16, 2018
Legally a landlord has every to ask his tenants to leave but his grounds for eviction must be statutorily justified and this would suffice if he can prove any of these
A. Arrears of rent
B. Personal use
C. The property is need of repair
D. The tenant is a bad tenant
From experience, based on your story i can bet you your landlord would seek refuge under B or C and there is no court that would stop him from recovering his property so far he follows the statutory laid down procedure in evicting his tenants.
Since you are a yearly tenant you are entitled to a 6months notice to quit, this means 6 clear calender months. He issued you the notice DECEMBER obviously 6 clear calender months from december would terminate JUNE ending. So he has complied with the provisions of the law.
MY ADVICE IS THIS DONT WASTE ANY MONEY IN EMPLOYING THE SERVICES OF ANY LAWYER COS YOU DONT HAVE A CASE AGAINST YOUR LANDLORD. ALL YOU NEED TO DO IS GO AND BEG HIM AND SINCE YOU HAVE NEVER BEING IN ARREARS OF RENT HE MIGHT CONSIDER YOU BUT IF HE DOESNT, START LOOKING FOR ANOTHER APARTMENT.

3 Likes

Re: Legal Advice Needed, My Landlord Just Brought Quit Notice For All Tenants. by Bbdealer(m): 8:28pm On Dec 16, 2018
Crtl + brain very important
InvertedHammer:

/
He is willing to pay but not ready to move.

Got that? Dimwit!

/
Re: Legal Advice Needed, My Landlord Just Brought Quit Notice For All Tenants. by brownemmanuel43(m): 8:41pm On Dec 16, 2018
All I know I is that op must get justice. What kind of citizens do we have in this forsaking country self. Let's see this in another angle, let's say op still have 8months before his rent expires and he got job/opportunity outside Lagos, and he decides to meet the landlord for settlement of the remaining months, are u guys telling me that the lord will settle him for the remaining 8months? Quit notice comes after expiration of your rent, not when your rent is still countingggggg. No wonder our fucking politicians are treating the affairs of this country anyhow.
Re: Legal Advice Needed, My Landlord Just Brought Quit Notice For All Tenants. by Nobody: 8:50pm On Dec 16, 2018
Dshocker:


Where you power stops,is where someone else's power starts,everybody isn't the same and some people are more wicked than you

Then come to my property i built with my sweat and try that nonsense.

IF YOU KNOW, YOU KNOW

1 Like

Re: Legal Advice Needed, My Landlord Just Brought Quit Notice For All Tenants. by olmoRoc: 9:00pm On Dec 16, 2018
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.

Those are some of the reasons I'll never become a landlord in Nigeria.

I believe you've been given ample time to look for a new place in addition to two rent-free months (correct me if I'm wrong) yet you're looking for legal loopholes to exploit so as to remain in the property for as long as it takes without paying rent. We should grow up!

When my previous landlord called one evening (3 days to the end of the month and 5 days to my flight back home) to say he'd sold the condo, I moved two days later eventhough he gave me two months to look for a new place because he didn't want to return my two months rent deposit.

1 Like

Re: Legal Advice Needed, My Landlord Just Brought Quit Notice For All Tenants. by Bbdealer(m): 9:07pm On Dec 16, 2018
U don't seem to own or property or have plans of owning one. Cuz if any of the 2 above is applicable I know for a fact you will be the type of landlord to hire thugs to evict a tenant because he said hi to your daughter not to talk of owe rent
brownemmanuel43:
All I know I is that op must get justice. What kind of citizens do we have in this forsaking country self. Let's see this in another angle, let's say op still have 8months before his rent expires and he got job/opportunity outside Lagos, and he decides to meet the landlord for settlement of the remaining months, are u guys telling me that the lord will settle him for the remaining 8months? Quit notice comes after expiration of your rent, not when your rent is still countingggggg. No wonder our fucking politicians are treating the affairs of this country anyhow.
Re: Legal Advice Needed, My Landlord Just Brought Quit Notice For All Tenants. by udemzyudex(m): 9:09pm On Dec 16, 2018
Re: Legal Advice Needed, My Landlord Just Brought Quit Notice For All Tenants. by toprealman: 9:11pm On Dec 16, 2018
Guy double your hustle, Oluwa will pick Ur call. You need your own crib. Forget all this wahala.

1 Like

Re: Legal Advice Needed, My Landlord Just Brought Quit Notice For All Tenants. by ELDINO: 9:14pm On Dec 16, 2018
brownemmanuel43:
All I know I is that op must get justice. What kind of citizens do we have in this forsaking country self. Let's see this in another angle, let's say op still have 8months before his rent expires and he got job/opportunity outside Lagos, and he decides to meet the landlord for settlement of the remaining months, are u guys telling me that the lord will settle him for the remaining 8months? Quit notice comes after expiration of your rent, not when your rent is still countingggggg. No wonder our fucking politicians are treating the affairs of this country anyhow.

You are wrong bro,if they can arrange for a new tenant to come in immediately, the balance of the old tenant will be repaid from the rent of the new tenant!
Furthermore, Notice to Quit isn't just issued at the eve of the anniversary(when the rent is expiring), it can be issued a couple of months before the rent expires but the statutory requirements of giving the tenant a reasonable or adequate notice has to be met.
In this instance, the landlord has availed the OP a 6 months notice(and at that, the landlord can still claim the two months rent for the additional months from him) which is adequate notice in the eyes of the law, and there is no action that he will take out against his landlord that can be sustained(going by the reason the landlord will give at the court).
My advise to OP-if you can persuade him to allow you stay further, better for you. Otherwise start looking for another accommodation space now that it is still early.
Peace
Re: Legal Advice Needed, My Landlord Just Brought Quit Notice For All Tenants. by GT07115: 9:23pm On Dec 16, 2018
Lilshorecords:
Guy pack comot. Shey na u build house for am?
because of people like you that is y we are having a bad system, when a girl is raped because u don't want the community to know, u seal it so doing aid and abating which is a crime, the judiciary is there and issue like this is wrong of such a landlord, it is gullible people like you that will make them go away with there abnormalities.

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Re: Legal Advice Needed, My Landlord Just Brought Quit Notice For All Tenants. by brownemmanuel43(m): 9:25pm On Dec 16, 2018
Bbdealer:
U don't seem to own or property or have plans of owning one. Cuz if any of the 2 above is applicable I know for a fact you will be the type of landlord to hire thugs to evict a tenant because he said hi to your daughter not to talk of owe rent
My brother I still maintain my stand, most Nigerians don't know their rights.
Do you know that he can get justice free of charge? OP MUST GET JUSTICE BELIEVE IT OR NOT. I singlehandedly gv a woman justice. Let me enlightened the house now.

I'm coming.

1 Like

Re: Legal Advice Needed, My Landlord Just Brought Quit Notice For All Tenants. by brownemmanuel43(m): 9:30pm On Dec 16, 2018
ELDINO:


You are wrong bro,if they can arrange for a new tenant to come in immediately, the balance of the old tenant will be repaid from the rent of the new tenant!
Furthermore, Notice to Quit isn't just issued at the eve of the anniversary(when the rent is expiring), it can be issued a couple of months before the rent expires but the statutory requirements of giving the tenant a reasonable or adequate notice has to be met.
In this instance, the landlord has availed the OP a 6 months notice(and at that, the landlord can still claim the two months rent for the additional months from him) which is adequate notice in the eyes of the law, and there is no action that he will take out against his landlord that can be sustained(going by the reason the landlord will give at the court).
My advise to OP-if you can persuade him to allow you stay further, better for you. Otherwise start looking for another accommodation space now that it is still early.
Peace
I stand to be corrected brother, his rent will expire April 2019, that's means his rent is still counting. So quit notice can come immediately after his rent expire which he is entitled to 6months.
Re: Legal Advice Needed, My Landlord Just Brought Quit Notice For All Tenants. by Lilshorecords(m): 10:07pm On Dec 16, 2018
GT07115:
because of people like you that is y we are having a bad system, when a girl is raped because u don't want the community to know, u seal it so doing aid and abating which is a crime, the judiciary is there and issue like this is wrong of such a landlord, it is gullible people like you that will make them go away with there abnormalities.
guy we don see u. Book dey smell for ur body
Re: Legal Advice Needed, My Landlord Just Brought Quit Notice For All Tenants. by TWservices: 10:17pm On Dec 16, 2018
Lordsocrates:


Na court we dey ?
Abeg swerve, its an idea of the tenancy agreement for a layman,and not pleading.

Lol. I asked because you have misinformed the public. Well its free advice what do they expect.

NB: please dont give a fee-paying client wrong information
Re: Legal Advice Needed, My Landlord Just Brought Quit Notice For All Tenants. by SacredQueen(f): 3:58am On Dec 17, 2018
The Quit notice is valid. He has just issued you with a six months notice to quit which will expire in June. Counting from the month of issuance December to June, that's 6months. However, defect as to notice can be seen on the face of the notice (if any).




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.

Re: Legal Advice Needed, My Landlord Just Brought Quit Notice For All Tenants. by SacredQueen(f): 4:01am On Dec 17, 2018
Quit notice must not be served when the rent has expired. It is best served even 6 months to the expiration of the rent which notice shall expire on the eve of the anniversary of the tenancy. The purpose of a notice to quit is to inform the tenant of the landlord's intention to discontinue the tenancy on expiration.
Be corrected bro. Thank you.

brownemmanuel43:

I stand to be corrected brother, his rent will expire April 2019, that's means his rent is still counting. So quit notice can come immediately after his rent expire which he is entitled to 6months.

1 Like

Re: Legal Advice Needed, My Landlord Just Brought Quit Notice For All Tenants. by SacredQueen(f): 4:04am On Dec 17, 2018
Exactly!!! I stand with this. �


Legalissues:
Legally a landlord has every to ask his tenants to leave but his grounds for eviction must be statutorily justified and this would suffice if he can prove any of these
A. Arrears of rent
B. Personal use
C. The property is need of repair
D. The tenant is a bad tenant
From experience, based on your story i can bet you your landlord would seek refuge under B or C and there is no court that would stop him from recovering his property so far he follows the statutory laid down procedure in evicting his tenants.
Since you are a yearly tenant you are entitled to a 6months notice to quit, this means 6 clear calender months. He issued you the notice DECEMBER obviously 6 clear calender months from december would terminate JUNE ending. So he has complied with the provisions of the law.
MY ADVICE IS THIS DONT WASTE ANY MONEY IN EMPLOYING THE SERVICES OF ANY LAWYER COS YOU DONT HAVE A CASE AGAINST YOUR LANDLORD. ALL YOU NEED TO DO IS GO AND BEG HIM AND SINCE YOU HAVE NEVER BEING IN ARREARS OF RENT HE MIGHT CONSIDER YOU BUT IF HE DOESNT, START LOOKING FOR ANOTHER APARTMENT.
Re: Legal Advice Needed, My Landlord Just Brought Quit Notice For All Tenants. by Bbdealer(m): 5:37am On Dec 17, 2018
We learn everyday I'll be very much interested in knowing how this issues can be tackled effecting show it come up pls enlighten us
brownemmanuel43:

My brother I still maintain my stand, most Nigerians don't know their rights.
Do you know that he can get justice free of charge? OP MUST GET JUSTICE BELIEVE IT OR NOT. I singlehandedly gv a woman justice. Let me enlightened the house now.

I'm coming.
Re: Legal Advice Needed, My Landlord Just Brought Quit Notice For All Tenants. by LKO(m): 10:08am On Dec 17, 2018
Legalissues:
Legally a landlord has every to ask his tenants to leave but his grounds for eviction must be statutorily justified and this would suffice if he can prove any of these
A. Arrears of rent
B. Personal use
C. The property is need of repair
D. The tenant is a bad tenant
From experience, based on your story i can bet you your landlord would seek refuge under B or C and there is no court that would stop him from recovering his property so far he follows the statutory laid down procedure in evicting his tenants.
Since you are a yearly tenant you are entitled to a 6months notice to quit, this means 6 clear calender months. He issued you the notice DECEMBER obviously 6 clear calender months from december would terminate JUNE ending. So he has complied with the provisions of the law.
MY ADVICE IS THIS DONT WASTE ANY MONEY IN EMPLOYING THE SERVICES OF ANY LAWYER COS YOU DONT HAVE A CASE AGAINST YOUR LANDLORD. ALL YOU NEED TO DO IS GO AND BEG HIM AND SINCE YOU HAVE NEVER BEING IN ARREARS OF RENT HE MIGHT CONSIDER YOU BUT IF HE DOESNT, START LOOKING FOR ANOTHER APARTMENT.



Very educative.

My dad tenant is in arrears of 18 months rents. It's a three bed room apartment. He has kept on making promises but has failed to pay, he is complaing that the economy is tight for his family. Yet he has refused to move to a smaller and cheaper apartment. My dad is fed up, he is a poor pensioner, he feeds with the rent. He has decided to serve the tenant a 7day notice by the second week of January if he fails to pay up his rent of 18 months.

Is the 7day notice sufficient? Thanks.
Re: Legal Advice Needed, My Landlord Just Brought Quit Notice For All Tenants. by maasoap(m): 10:58am On Dec 17, 2018
Evangkatsoulis:


Why should the landlord return the rent? The 4 months or 6months notice period is not RENT-FREE!!!!

Because guy had already paid for that 4 months before quit notice came. Quit notice can't include that 4 months.
And of course, notice period is not rent-free but it starts when the current rent expires. No one can cheat the law.
Re: Legal Advice Needed, My Landlord Just Brought Quit Notice For All Tenants. by maasoap(m): 11:20am On Dec 17, 2018
Legalissues:
Legally a landlord has every to ask his tenants to leave but his grounds for eviction must be statutorily justified and this would suffice if he can prove any of these
A. Arrears of rent
B. Personal use
C. The property is need of repair
D. The tenant is a bad tenant
From experience, based on your story i can bet you your landlord would seek refuge under B or C and there is no court that would stop him from recovering his property so far he follows the statutory laid down procedure in evicting his tenants.
Since you are a yearly tenant you are entitled to a 6months notice to quit, this means 6 clear calender months. He issued you the notice DECEMBER obviously 6 clear calender months from december would terminate JUNE ending. So he has complied with the provisions of the law.
MY ADVICE IS THIS DONT WASTE ANY MONEY IN EMPLOYING THE SERVICES OF ANY LAWYER COS YOU DONT HAVE A CASE AGAINST YOUR LANDLORD. ALL YOU NEED TO DO IS GO AND BEG HIM AND SINCE YOU HAVE NEVER BEING IN ARREARS OF RENT HE MIGHT CONSIDER YOU BUT IF HE DOESNT, START LOOKING FOR ANOTHER APARTMENT.

Really, Mr law? What if he has 8 months to go? The landlord would give him 6 months notice according to the law and pay him off for the remaining 2 months? Lol.
What if the landlord wasn't evicting the tenant but the tenant decided to move out and asks the landlord to refund him for the remaining 4 months? The law is not stupid my friend.
As a landlord, you have rights under the law but that doesn't mean that tenants have no rights.
Any talk about serving quit notice to tenant when he's still having active rent is null and void. We'll, you can serve it but it wouldn't count.
Re: Legal Advice Needed, My Landlord Just Brought Quit Notice For All Tenants. by maasoap(m): 11:53am On Dec 17, 2018
gypsey:
I didn't allow them, my caretaker did. And Every time i demand for rent they just keep promising, that's how it got the point of 2 years.



I Agree, but tenants should keep up with rent, landlords are not charity personals or Father christmas. grin we pay for repairs, council levies, Road construction levies, All kinda levies. s it's not easy for us.

As i ve Asserted earlier, As long as i give Enough Eviction Notice to my tenant i have the right to my property. it doesn't matter if they are good, rent paying tenants.

If they are i still have their rent in Advance, i would let their rents run out before they move out.

I try to be a fair landlord.

Not only that, if they feel like exploring the law, they will get additional 6 months. Lol
Re: Legal Advice Needed, My Landlord Just Brought Quit Notice For All Tenants. by rOsy247(f): 11:56am On Dec 17, 2018
Neduzze5:


Rosy, how far. Greetings. How can I contact you?

Anything?
Re: Legal Advice Needed, My Landlord Just Brought Quit Notice For All Tenants. by Neduzze5(m): 12:22pm On Dec 17, 2018
rOsy247:


Anything?

Nah, just a personal something. I know you from somewhere in Oyigbo
Re: Legal Advice Needed, My Landlord Just Brought Quit Notice For All Tenants. by wirinet(m): 12:41pm On Dec 17, 2018
Bbdealer:
U don't seem to own or property or have plans of owning one. Cuz if any of the 2 above is applicable I know for a fact you will be the type of landlord to hire thugs to evict a tenant because he said hi to your daughter not to talk of owe rent
Nigerians are experts in whataboutism. This is not about owning a property or planing to own one, this is about a tenants right to peace of mind and stability. A landlord can only hire thugs for someone who does not know his rights or a coward. Hire thugs to invade the home of a person who knows his rights and the landlord will pay restitution through his nose or even go to jail.

You guys are talking like the landlord will just pack out the load of a tenant after the expiration of the quit notice without going through the judicial system. Arguments will still be presented at the courts as to the reasons for the quit notice and when the tenants can leave or be evicted.
The court case can only be commenced after the expiration of the eviction date and the case can remain in court for between 3 to 12 months.
Re: Legal Advice Needed, My Landlord Just Brought Quit Notice For All Tenants. by wirinet(m): 12:50pm On Dec 17, 2018
LKO:



Very educative.

My dad tenant is in arrears of 18 months rents. It's a three bed room apartment. He has kept on making promises but has failed to pay, he is complaing that the economy is tight for his family. Yet he has refused to move to a smaller and cheaper apartment. My dad is fed up, he is a poor pensioner, he feeds with the rent. He has decided to serve the tenant a 7day notice by the second week of January if he fails to pay up his rent of 18 months.

Is the 7day notice sufficient? Thanks.
The 7 day notice is irrelevant because there is nothing your dad can do if the tenant does not pack out after seven days. It is only a court that can forcefully evict a tenant. Go to the nearest rent tribunal, get a charge and bail lawyer there. There are many freelance charge and bail lawyers milling around rents tribunals. They are very cheap and they understand the system. You can then charge the tenants to court and hopefully get them evicted between 3 to 6 months.
Re: Legal Advice Needed, My Landlord Just Brought Quit Notice For All Tenants. by Legalissues: 1:15pm On Dec 17, 2018
LKO:



Very educative.

My dad tenant is in arrears of 18 months rents. It's a three bed room apartment. He has kept on making promises but has failed to pay, he is complaing that the economy is tight for his family. Yet he has refused to move to a smaller and cheaper apartment. My dad is fed up, he is a poor pensioner, he feeds with the rent. He has decided to serve the tenant a 7day notice by the second week of January if he fails to pay up his rent of 18 months.

Is the 7day notice sufficient? Thanks.

There are variant judicial decisions that once a tenant is in arrears of rent he becomes a TENANT AT WILL. STATUTORILY A TENANT AT WILL should be evicted with a" 7 DAYS NOTICE OF OWNERS INTENTION TO RECOVER PREMISES "AND IF TENANTS STILL REFUSES TO GO AN ACTION CAN BE INSTITUTED.

YES! Your dad should serve him a 7 DAYS NOTICE OF OWNERS INTENTION TO RECOVER PREMISES

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