Venerable612:

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.

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

The 6months are rent free

smartoliver:
Hmmm.. I'll just keep following to see where this leads. But trust me, in Naija, once given a quit notice, tenants tend not to pay their rents.

laudate:


God will bless you, o! That 'yeye tenant that was boasting about how he will continue to stay for free inside my house, is in trouble. Wait first....let me print out your post, and wave it under his nose!!

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

The 6months are rent free

babyfaceafrica:
and who will protect landlords from wicked Tennants?

jaxxy:


Ur agreement done by ur lawyer for the tenancy. Tho I know tenants smtmes get away with it bt then sm landlords transfers the problem to the next tenant to bare rather then himself so. I’m speaking as both.

kevoh:

What if I no longer want the tenant in my house after his rent expires by end of March 2020? What type of notice can one give, seeing that I no longer have 6 months?

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

babyfaceafrica:
I doubt that..you are more sympathetic to tenants than landlords whose only income may be house rents..is that fair?

Venerable612:


End of March on how many months rent?

In the absence of information.... let me give you 2 scenarios.

1. If it is a Yearly Rent. And the tenant pays upfront. Then the 6 Month Notice MUST be within the Preceding Rent. IF for instance he paid the rent January 1 2018. You must serve the Notice Before June ending, 2018.

If after then you wish to eject him STATUTORILY; you will have to put up with him till he pays another rent before you can serve him the Notice.

That’s what the Act says!

2. If it is a monthly tenancy. That is, he pays month by month. Then you don’t need 6 months notice. A Month notice to quit is enough... and then you serve the 7 days notice at the expiration of the 1 month notice.

It’s as simple as that.


That’s why you guys should instruct a lawyer before starting this process. There is no room for selfhelp under Nigerian Law at all! If you meet a learned tenant - and they take you to court for non-compliance with the statutory process, You will cough out damages!

shosky1794:


You are the one who needs to be schooled actually. Why not do a simple Google search first before displaying so much ignorance on a public forum. You even talked about constitution regarding tenancy law. Try what you are saying with a stubborn landlord and lose some of your property.

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

kevoh:

It's actually a yearly rent. Thanks a lot. I know how to proceed from here.

Surulereman:

Stop deceiving people bros. No law entitles you to live free in any landlord's house, even if the Quit Notice was wrongly issued. For our general enlightenment, please tell us the Section of the Constitution of the land that backs the tenant to live rent-free after receiving a Quit Notice.

madridguy:
Bros, don't know about other state but here in Lagos tenant always get 6 months grace without paying kobo. Before the court of law will come to the rescue of landlord at times is over a year.
I have seen many cases like this and am yet to see a single case of evicting a tenant within 7 days.

gbaskiboy:
OP, kolewerk here, If quit notice is serve without owing landlord dime, the tenant will spend 6 months without paying anything. If the six months elapse and the tenant is yet to move. The tenant will plead for more months to get accomodation, If the landlord is a troublsome type and making it difficult for you after 6 month expirations, sue him to court and plainly state your reason for not moving out. The court will grant the tenant Three months to get accomodation. But after the 3 months granted by the court expires the tenant should find all means to move out, if not his property might be thrown outside

shosky1794:


The Landlord is only being magnanimous if he allows you such grace. It's even easier in Lagos now with the Citizens' Mediation Centres set up by Fashola across the state. If the Landlord insists you pay for those 6 months then you have to pay

Adexvivacity:
I feel sorry for the nonsense up there.
My parents own houses and whenever they gave notice to quit due to the fact that the tenant is owning, the tenant wouldn't pay a dine for the duration of the notice.
I dont know if the law is written or emanated from somewhere.....To hell with the Landlord or the court that will tell me to pay for that duration of the notice when I didnt owe but he decides to evict me. Nonsense!
That means every Landlords will be given tenants notice to quit after a year or are u people not thinking about agreement and commission?

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!

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.

sirfemoz:
A scenario where the quit notice was given cos the tenant couldn't afford to pay the rent, will the tenant still pay the mesne fee? Because that the scenario that plays a lot in this country.

madridguy:
Even the Mediation Centres are helping the tenants most to bargain for more time. I have seen cases like that. To me the 7 days i have not seen it anywhere in Lagos.

shosky1794:


I don't think the Centres are helping the tenants to get more time. There's a process to follow and if you as the complainant monitor the process well, you will get your tenant out at the appropriate time and even gets his property auctioned to get your payment. In reality though, the 7 days notice doesn't work because of many factors.

noble71:

Exactly my point. Thanks for bringing this up.