after this someone will still come n ask questions concerning this matter

Some tenants be feeling entitled to another person property go and build your house and know how it feels

Sandrich2020:
[/quote][quote author=jerflakes post=64372999]Quit notice will be given 6months after your rent expires

The 6months are rent free

jerflakes:


You have a 6-month notice

You know nothing about property law

Wrong.

In fact BLATANTLY WRONG.

MrMcJay:


Stop peddling ignorance.

You're entitled to 6 months notice BEFORE your rent expires. Once it has expired, you're entitled to only 7 days. Go and check Section 18(5) of the Lagos State Tenancy Law 2011 or similar legislation in your state.

If you like, sit tight in the property once the 7 days have lapsed, you'll pay Mesne profit for every extra day spent on the property in addition to your expenses for a lawyer to defend you.

Thank you sir.

You are right but NOT ENTIRELY RIGHT.

But it depends on the type of Tenancy and/or the State/Jurisdiction.

Under the the Abuja RPA for example:
The 6 Months Notice to Quit MUST BE GIVEN BEFORE the expiration of the Rent... and the 6 Months must end on or before the eve of the Rent’s expiration.

If in Lagos’s Tenancy Law:
Then the 6 months Notice to Quit can be given BEFORE or AFTER the Rent expiration But the Landlord is entitled to claim Mesne Profits from the Tenants for each day spent after the rents expiration; including the length of the notice.

But it is common practice everywhere to give the Motice before the Rent Expires so it saves the Landlord the problems of tying down his property to an unwilling tenant.

IN BOTH STATES/Jurisdictions, the Landlord cannot exercise his power of reentry until he has Personally served a 7 days notice of owners intention to recover property - and the 7 days has expired!

It’s just as simple as that

Nyamiri:


Whose business is that?

Even if you drag your landlord to court, court would say that you should be given more time and you'll pay for the more time given.

Never! u can’t pay the old rent when being ejected and be looking for a new place to pay. Unless decided to eject urself then u will pay cos the landlord actually wants u to stay bt u want to leave.

Or unless the landlord gave u the quick notice 6/3months b4 ur rent expired then fine anything afterwards u will pay during the extension.

gbaskiboy:
OP, kolewerk here, If quit notice is serve without owing landlord dime, i will spend 6 month without paying anything. If the six months elapse and am yet to move, i will tell the landlord that am yet to get accomodation and he needs to give more time to before i move

Lol

I have a neighbour living across my house who said exactly what you're saying. The landlord got bailiffs who ejected him around and his load was at the court premises for sometime. Rain beat his properties very well.

jerflakes:
Quit notice will be given 6months after your rent expires

The 6months are rent free

What kind of logic does your statement make; I know we're in Naija but even Naija lawmakers are not so stupid nah

You dont have to pay any rent after you have been given quit notice no where in Nigeria that you are forced to pay the six month is free even the landlords know this

jaxxy:

Never! u can’t pay the old rent when being ejected and be looking for a new place to pay. Unless decided to eject urself then u will pay cos the landlord actually wants u to stay bt u want to leave.

Story.
Depends on what the landlord tells the court that he wants and what the court grants.
If he says he wants possession AND rent, then the court grants him, Omo you go pay o.

Npfn:
You dont have to pay any rent after you have been given quit notice no where in Nigeria that you are forced to pay the six month is free even the landlords know this

No dey argue wetin you no know.

Bros you see that law of means or mess doesn't worked on me during my Landlord tenancy tossle..I spent two years plus.. before I left.With no provocation,no delay payment,he gave me quit notice..ask for explainatiion he was blabbing.. seven months later he brought court order..it took one and half years..The court ask me if I am still interested and said no..I was given six months to pack out..

ipeg34yahooco:
The question always arises in many quarters, should a tenant pay rent even after being served a quit notice? Surprisingly, a lot of people have this wrong notion that a quit notice automatically means no more payment to the Landlord. The position of the law in Nigeria however requires a tenant to pay for even a day not covered by a subsisting rent. This is what is known in law as MESNE PROFIT. Mesne profit simply means the profit which a landlord can recover from a tenant whose tenancy has ended but who still resides in the property till the date he gives up possession.

There are two main scenarios to consider in order to determine if a tenant who is served a quit notice is expected to pay mesne profit or not.
The first scenario is when the quit notice is served while the rent paid by the tenant is still subsisting. So, let’s say Mr. Kekere is a yearly tenant who has paid his rent to cover January to December 2017 and the law states that a yearly tenant must be given 6 months quit notice. Mr. Wada, who is the landlord, in compliance with the law serves Mr. Kekere a quit notice from 1st of July to 31st December 2017. If Mr. Kekere vacates the property by 31st of December, he is not required to pay any money since his rent was still subsisting when he was served the quit notice.

The second scenario is when the quit notice is served after the expiration of the tenant’s rent. So let’s say this time around, Mr. Kekere was served a quit notice from 31st of December 2017 to 30th of June 2018,even though his rent expires that same December 2017.The period between January to June 2018 which is not covered by the 2017 rent and any other extended period as a result of a court proceeding to eject Mr. Kekere must be paid for by Mr. Kekere.It simply means, Mr. Wada can recover mesne profit from Mr. Kekere for any period he is still in possession after the expiration of the quit notice until he moves out.

The law will not allow a tenant stay in another person’s property for even a day without paying for it .The tenant is still obligated to pay even during period of court proceedings and during the period the court grants judgment ordering the tenant to vacate the property.

In reality however, it is very difficult for a landlord to recover mesne profit because in most cases the tenant would have vacated the premises to a location unknown to the landlord before the court delivers judgment or the landlord is more concerned with recovering his property from the tenant than recovering any mesne profit.

So, should a tenant pay a landlord for a period not covered by a subsisting rent even after being served a quit notice? The answer is a big YES!

This is the best post of the year.
Very educative, I have saved this in my email for reference purposes.
THIS are the kind of post we should be saying in front page of naira land and not all those seun's mates tointo dike arrested in Dubai post.

government will not throw anybody on the street, its impossible if he doesn't have it. he won't go to jail for owning house rent

that's not a criminal offense.

All this landlords trying to quote lagos act of 7 days free are pure decivers your entitled to six months free rent which is legal by the law for you to get a new apartment

[quote author=Sandrich2020 post=77665218][/quote]
You're very wrong. The OP stated the true position of the Law on this matter. The tenant refusing to pay is a different matter but he's liable to pay. You cannot reside free of charge in another man's property without his consent or operation of law. Please Google or read up the meaning of Mesne Profit.

Npfn:
All this landlords trying to quote lagos act of 7 days free are pure decivers your entitled to six months free rent which is legal by the law for you to get a new apartment

Section what of the law states that you get 6 months free?
Tell us.

If you don't, you're an idiot.

Nyamiri:


No dey argue wetin you no know.

you can not want the court to grant you possession AND rent the tenant has every right not to pay for the six months and its free by the laws of the country every landlord know this in nigeria even lawyers do know this in southsouth east and north part s of nigeria please tenants do not be decived by the op post he may be a hungry landord looking for people to decieve

payperpost:
government will not throw anybody on the street, its impossible if he doesn't have it. he won't go to jail for owning house rent

that's not a criminal offense.

Naah. He won't be jailed.

Bailiffs would eject him and carry his properties to the court pending when he can pay. If he can't they would auction his properties to raise the rent which has become a judgment sum owed.

jerflakes:
Quit notice will be given 6months after your rent expires

The 6months are rent free

Why would you want to live in another person's property for six months without paying rent?

Does that sound fair to you?

MrMcJay:


Stop peddling ignorance.

You're entitled to 6 months notice BEFORE your rent expires. Once it has expired, you're entitled to only 7 days. Go and check Section 18(5) of the Lagos State Tenancy Law 2011 or similar legislation in your state.

If you like, sit tight in the property once the 7 days have lapsed, you'll pay Mesne profit for every extra day spent on the property in addition to your expenses for a lawyer to defend you.

Qualify the 6 months notice please.

It's true almost everyone pays yearly. And entitled to 6 months.

But a monthly tenant won't get 6 months notice.

A fixed tenant only gets 7 days owner's intention.

Npfn:
you can not want the court to grant you possession AND rent the tenant has every right not to pay for the six months and its free by the laws of the country every landlord know this in nigeria even lawyers do know this in southsouth east and north part s of nigeria please tenants do not be decived by the op post he may be a hungry landord looking for people to decieve

Section what states that you get 6 months rent for free?

A tenant is calling someone a hungry landlord

Your papa build house?

Nyamiri:


Section what of the law states that you get 6 months free?
Tell us.

If you don't, you're an idiot.

this early morning well better i school you All this landlords trying to quote lagos act of 7 days free are pure decivers your entitled to six months free rent which is legal by the law for you to get a new apartment no place in nigeria has anyone paid 6months rent after quitnotice the Constitution of the land backs you as a tenant to use the grace period to find a new apartment ok try and be useful to you self

payperpost:
government will not throw anybody on the street, its impossible if he doesn't have it. he won't go to jail for owning house rent

that's not a criminal offense.

I wonder o, other countries govt provide shelter for the citizens, this country is just a stupid one

ipeg34yahooco:


Amen.Really, what a lot of tenants need is just an education on the true position. All the best with your tenant.

Landlords are the cause of their own problems. Notice should be given within the term of the subsisting rent, not after.

Npfn:
this early morning well better i school you All this landlords trying to quote lagos act of 7 days free are pure decivers your entitled to six months free rent which is legal by the law for you to get a new apartment no place in nigeria has anyone paid 6months rent after quitnotice the Constitution of the land backs you as a tenant to use the grace period to find a new apartment ok try and be useful to you self

Constitution for tenancy matter?
You must be an illiterate.

6 months rent is not free.
Save up your pocket money and go pay a lawyer to advice you and stop talking nonsense out of ignorance.

jaxxy:
Noooo! If he pays how will he pay for his new place

It is the sacrifice the landlord has to bare for ejecting a tenant unduly and it’s only fair. Tenant shud be protected from harsh landlords or vice versa.

and who will protect landlords from wicked Tennants?

All these blind arguments sef. Please if you want to argue, quote the Constitution for us.

No

Nyamiri:


Constitution for tenancy matter?
You must be an illiterate.

6 months rent is not free.
Save up your pocket money and go pay a lawyer to advice you and stop talking nonsense out of ignorance.

keep quoting me till you meet a stubborn tenant you will cry because the law will always grant him the six months free i dont blame you barely do you travel out to other parts of nigeria

ipeg34yahooco:


That's a misconception.No where is that provided for in the Nigerian law

Na lagos law dey make house owners mumu

depends if d tenant pays yearly. so if its monthly tenant of half a year, d tenant cant get a duration of 6month for quit notice. nd moreso if u exceed ur stay after d notice, u go pay large.

Nyamiri:


Naah. He won't be jailed.

Bailiffs would eject him and carry his properties to the court pending when he can pay. If he can't they would auction his properties to raise the rent which has become a judgment sum owed.

and when he has smartly removed his most priced items from the house fa? a smart tenant will remove his freezer, TV and keep them in his relation's place once the case moved to court! you won't recover anything by selling his sleep-and-die mattress.
how will you counter such smart tenant?

MrMcJay:


Stop peddling ignorance.

You're entitled to 6 months notice BEFORE your rent expires. Once it has expired, you're entitled to only 7 days. Go and check Section 18(5) of the Lagos State Tenancy Law 2011 or similar legislation in your state.

If you like, sit tight in the property once the 7 days have lapsed, you'll pay Mesne profit for every extra day spent on the property in addition to your expenses for a lawyer to defend you.

You are right but most tenants don't pay for d six months after their rent expires and the court doesn't do anything about it. For some reason the tenants have alot more leverage that d landlord.
I know many cases where it has happen