₦airaland Forum

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!

Appreciation to you for the enlightenment. I hope you now understand and can learn on how to behave accordingly with what the law says and always treat your landlord exact way you want your parents to be treated.

This happened yesterday. I served a tenant notice to quit on the 31st of March 2020 the date her rent expires and by our agreement, he is only entitled to 3 months notice. Guess what? She refused to collect the notice on the ground that she needs extra three months rent free after the expiration of the quit notice.

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

The 6months are rent free

Not necessarily after your rent laps, The landlord can even give you a month after you paid your rent. No law says he should wait till your rent due, Okay.

It's a quit NOTICE.. Telling u to move out of the house after six months.. Why won't u pay when u are still on his property??... Nigeria ehhhnn

thunder74:
This happened yesterday. I served a tenant notice to quit on the 31st of March 2020 the date his rent expires and by our agreement, he is only entitled to 3 months notice. Guess what? She refused to collect the notice on the ground that she needs extra three months rent free after the expiration of the quit notice.

Go to Station and make an entry. They will invite him over and after enlighten him, he will willingly and gladly collect it from you. The problem must of us is having is that, our parents are unable to buy a Block to build let's alone Land. Therefore we don't know what it's takes to build a house.

jerflakes:
You have a 6-month notice

You know nothing about property law

Am sorry, do you Father built a room?

gbaskiboy:
OP, kolewerk here, If quit notice is served 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

Knowledge is wealth.
It happened to me here in Abeokuta. I gave my tenant quit notice and he took me to court. Actually I gave him within the period is rent is still running.... And when i was expecting him to pack out, I got a letter from court and i was asked to give him 3 months since I have given him the notice long before his rent laps, and the court says at the end of the 3 months notice, he should and must pay for the said 3 months period. Trust me I collect my rents Ofcourse and For benefit of doubt, you can come to Abeokuta or contact me via email chieflevelss@gmail.com.

So stop spreading fake information to less privileged one's. Thanks

Davebio:
NEVER! Not free at all. It once happen to my father's tenant, the man wanted to prove stubborn by not paying but court said he must pay...even every bills in d house b4 he would be allowed to take pin out of d house

Leave them oo, all of them saying na free, I have a question for them, if the landlord should have 2tenants consecutively that exhibited same traits that lead to the eviction of the first, then he gives the 2nd quit notice also, will the two tenants now use 2yrs paid and 1yr free cumulatively?
The law can never envisage such nonsense, who pays the land use charge for the 1yr, who pays other bills, etc.
Some comments here are the reasons we have wicked landlords.

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!!

hahahahah.

OlujobaSamuel:
Leave them oo, all of them saying na free, I have a question for them, if the landlord should have 2tenants consecutively that exhibited same traits that lead to the eviction of the first, then he gives the 2nd quit notice also, will the two tenants now use 2yrs paid and 1yr free cumulatively?
The law can never envisage such nonsense, who pays the land use charge for the 1yr, who pays other bills, etc.
Some comments here are the reasons we have wicked landlords.

Possibly dey don't knw how it works.
They must now be aware dat no free house for anyone.

nairalee:
Well, most of these laws just exist in Nigeria but aren't implemented. Most landlords don't even give 6 months notice.

Any small issue "PARK OUT OF MY HOUSE TODAYYYYY"

It's worse for tenants that stay in the same compound with the landlord.

If you are living in the same compound with a landlord who is jobless you are in trouble. If anyone show you respect he will be angry,. He will gossip you all around your environment when you have gone to work

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

The 6months are rent free

dont mind the op who doesnt know anything about law , you cant give a quit notice when the rent is still subsisting, you paid for a year from january to december 2017, and the man give quit notice july 1, for you to leave so that he can bring another person in by january 2018, to collect another rent and commission and agreement which is always outrageous, from another tenant, the question is this; where will the tenant find another money to pay for a new rent knowing fully well the wickedness of Nigerian landlord, six month is free according to law and it begins from the day your subsisting rent expires. go and read your law book if you are actally a lawyer

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 so much on point, no landlord gives a tenant 6 months notice after a tenant's rent expires, d tenant only gets one month or one week to vacate d apartment

[quote author=Sandrich2020 post=77665218][/quote]It is wrong. The notice is for you to prepare yourself and leave after 6months, not to prepare yourself to enjoy free accommodation for 6months.

Why is our mentality so shaped awkwardly like this?

Nyamiri:
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.

just pray yuu dont habe a bad tenant he will come back for your properties and set it on fire, you cant even find traces of him doing that because he will use a machinery and yuu cant even find him again, so in everything you do have human feelings some people are wicked

jerflakes:
You have a 6-month notice

You know nothing about property law

Bring ur authority, the poster is absolutely correct! Go and pay ur landlord his money!

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!

Wonderfully written piece.

In addition to this, if there is no tenancy agreement existing for the demised property, the landlord or property manager is mandated to serve the tenant a compulsory 6 (six) months notice if it is a yearly tenancy to terminate the tenancy. After this a 7 days notice to quit and 7 days owners intention to recover possession of property through legal means.

Mind you, you will pay for every single day you continue to occupy the property as a tenant. The law tries to be considerate to the tenant but not to the total detriment of the property owner.

Where a tenancy agreement exists, after the expiration of the tenancy period all the landlord needs to do is serve a 7 days notice to quit.

Please let us all be guided.

walex2:
just pray yuu dont habe a bad tenant he will come back for your properties and set it on fire, you cant even find traces of him doing that because he will use a machinery and yuu cant even find him again, so in everything you do have human feelings some people are wicked

It's like you can't read or maybe you are blind. Was it my house? Was I his landlord?
Boy, go and make money and stop being a beggar. Your mates are building houses and you are fighting with landlord. You can't pay rent and you're talking nonsense.

Bring criminals na, let me use African tinz to wreck your life. By the time your life turns upside down for 7 consecutive years, your family members would start helping you beg.

Venerable612:
Wrong.

In fact BLATANTLY WRONG.



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

if a yearly tenant's rent expires on August 2019 and is unable to pay his rent as at today, how do u legally quit such tenant

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

which law? Quote it or stop misguiding people

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

see broad! Broda!
Broda when *******
Broda no get *********
Oya see broda!
You go rent landlord house......
E give you quit notice.......
The landlord say e no do you wan stay free....

Don't mind me just quote the section of the constitution that gives you rent free 6 months

Are you an im.becile?

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

The 6months are rent free

tpapi:
if a yearly tenant's rent expires on August 2019 and is unable to pay his rent as at today, how do u legally quit such tenant

If he defaults in payment. Then you simply give him a 6 months notice to quit which will terminate on or before the eve of the next anniversary of the Rent. You can then claim mesne profits and arrears of Rent

You collect rent say 700k
Collect agent and agreement 300k
Collect damages join...100k
Total package 1.1
Then 6month later you will come with quit notice....
So that I will loose about 400k
I've always use the 6month free of charge.
I use it to cover damages, agent and agreement....that Lagos landlord adds to first payment...
I can't be paying your rent without defaulting the T&C and you will just wake up one morning to terminate our agreement because you want to collect another total package of 1.1million from another tenant.

God bless you for this info
Nigerian tenants really need some education about some basic laws

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!

thunder74:
This happened yesterday. I served a tenant notice to quit on the 31st of March 2020 the date her rent expires and by our agreement, he is only entitled to 3 months notice. Guess what? She refused to collect the notice on the ground that she needs extra three months rent free after the expiration of the quit notice.

serve through your lawyer

In a situation were a tenant is oweing in areas of years, how many months can one serve him/her a notice to quit?

Olusheyi1:
This is definitely an interesting topic that Nigerians need constant education on.

I haven't built a house though, but have heard lots about how troublesome and exploitative some tenants can be. I'm not saying Landlords too aren't troublesome. But like the common saying, it takes two to tangle.

I've seen of recent that many tenants are not in any way cool at all. And what many have forgotten is the fact that they will/may surely become a landlord/lady one day. So will they want anyone to live in their house for even three months and not be paid for it?

Even without law saying much clearly in that regard, one can definitely reason and arrive at a good conclusion.

Or maybe I should ask:
Can any tenant afford to be given a 6-months quit notice expiring by 31st of June 2020 when the rent paid covers till 31st of December 2020 without expecting any refund from the landlord/lady and still feel comfortable with it?

It's almost same thing at the corporate job level when offer will state that one month notice should be given on resignation and laying-off or equivalent payment in lieu of same. Although some employers/employees might have not been honoring that, but that doesn't legalize the act.

Everyone should treat others the way s/he wants to be treated. I strongly believe if we do this even at leadership level, our nation at large will be better.

You de mind the landlords
Tenants that pays rent without owing or breaking T&C
You will just wake up one morning and serve them notice for no reason..
They think looking for house and relocating is easy....
It cost money and time to look for a suitable place...
Landlords should stop collecting agent and agreement too.

You people should stop collecting damages,agent and agreement or use the agent and agreement to cover the free 6months...
If you stop collecting that A&C
Rents would be cheaper and you can serve your nonsense quit notice anytime you like...

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

The 6months are rent free

You're wrong you know. Quit notice is usually served when your rent is still running. So, it is expected that you vacate the house when your rent expires. The notice is however, to prepare you to look for another house before the expiration of the current rent. If you spend any days after the expiration of the current rent, it will be calculated for you to pay.

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!!

That is not enough! Get a lawyer that is versed in property matters. Follow all the laws because tenancy laws err in protecting the tenant they think is the weaker party in tenancy issues. As long as you know where he has packed to, you can recover your money or get court order to attach his property