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Our Tenant Refuses To Vacate Our Apartment After About 10 Months Quit Notice! - Properties (10) - Nairaland

Nairaland Forum / Nairaland / General / Properties / Our Tenant Refuses To Vacate Our Apartment After About 10 Months Quit Notice! (39215 Views)

Lady Damages Her Apartment After Landlord Refused To Refund Her Caution Fee / Help My Land Lady Give Me 3 Months Quit Notice While My Rent Is Till Running / Will A Tenant Pay During His 3 Or 6 Months Quit Notice? (2) (3) (4)

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Re: Our Tenant Refuses To Vacate Our Apartment After About 10 Months Quit Notice! by TheSociopath(m): 11:06am On Dec 20, 2019
chival:
He probably doesn't have the funds to rent a new apartment yet. He'll leave eventually. Home owners should learn to have compassion for their tenants. The state of affairs in the country is causing millions to suffer untold hardship.

Mumu comment
Re: Our Tenant Refuses To Vacate Our Apartment After About 10 Months Quit Notice! by Larryyybbb(m): 11:10am On Dec 20, 2019
Can you please explain why you guys issued him a quit notice..
Re: Our Tenant Refuses To Vacate Our Apartment After About 10 Months Quit Notice! by Nobody: 11:13am On Dec 20, 2019
Candid advice: approach so many lawyers and let them give you legal advice on how to go about it. Select the best out of the advice and kick the stubborn tenant out of your house. Some lawyers will advice you wrongly so that they can give mealing on you. Pls be careful with some of these gluttonous lawyers. They will even make the matter worse... The dirtier the matter , the better for the dubious lawyers....

3 Likes

Re: Our Tenant Refuses To Vacate Our Apartment After About 10 Months Quit Notice! by tommy589(m): 11:15am On Dec 20, 2019
WAECMATHEMATICS:


Thanks for this. Noted.

But... @bolded...

Make use of a senior police officer like dpo or dco to invite and talk to him.Tell police to give him 2-3 more months in addition to what he has used.but condition your mind to 6 months and notify the police when he exceeded the time,it will now be their regular routine to remind him through warnings etc. I assure you it never fails

Is he paying his electric bills or it's prepaid

It was Fashola administration that tenants became empowered without consideration for property owners.

2 Likes

Re: Our Tenant Refuses To Vacate Our Apartment After About 10 Months Quit Notice! by Scoobiano1991: 11:18am On Dec 20, 2019
Wrong advice, if you do that you have giving him edge over you before the court of law. The mistake was to take him to the mediation center, they don't have the power by law to evict anyone. Their Job is to establish Peaceful environment between two parties if their is conflicts like this and also help to create smooth transition.

The best solution to this problem is to dialogue with him and see what the problem is or you simply take him to court. If you like give him 10yrs notice, your notice is not substantial before the court of law and also not enough for you to evict anyone.



Gandollaar:
Ok not even that he has no money. If it's a bungalow, pls remove his side of the roof and see if he tries to repair it. If he does, then get anyone he brings for the job arrested by the police since you guys want to play it civil.

1 Like

Re: Our Tenant Refuses To Vacate Our Apartment After About 10 Months Quit Notice! by elchariotlp: 11:21am On Dec 20, 2019
WAECMATHEMATICS:


Thanks for your contributions.

It's possible the man has bribed them at the Mediation Centre. About 10 months now!

Its not issue of bribe sir. Confirm if there is a term that was signed at the Mediation Centre. It there is, then request that it be moved to a Judge.

1 Like

Re: Our Tenant Refuses To Vacate Our Apartment After About 10 Months Quit Notice! by Nobody: 11:23am On Dec 20, 2019
WAECMATHEMATICS:
Good day all.

Please, I need your advice on one wicked stubborn tenant. My family gave this our tenant a quick notice since February this year 2019. As a matter of fact, the tenant and our family went to Lagos Arbitration and Mediation Centre. It was at the Mediation Centre that we both reached an agreement that he should leave our apartment.

So, we gave him 6 months quit notice in February, 2019. His previous house rent elapsed that same February, 2019. So, for the 6 months quit notice we gave him, he didn't pay any money. He actually said he would need 6 months to search for another apartment at that meeting we had with him at the Mediation Centre in February. So, we gave him the 6 months for free.

The 6 months we gave him elapsed at the end of August, 2019. When the 6 months elapsed, he refused to vacate the apartment. So, my family went back to the Lagos Mediation Centre to complain. The Mediation Centre sent him (the tenant) a letter giving him 7 days ultimatum to vacate the apartment. At the end of the 7 days, this man refused to leave. My family complained again to the Mediation Centre and they said they would look into it.

After another 3 months again by last November, 2019, this tenant refused to leave the apartment. My family went back again to the Lagos Mediation Centre and one of the officials there said "So, the man has not left the house since?". We responded yes. At the Mediation Centre there, they said something like they are incapacitated by the law to take any action.

This is December now going to an end. The tenant is still in the house. He has refused to vacate the apartment. It's about 10 months now living in our apartment without any payment. He has refused to leave.

The apartment is a 2 bedroom flat in Aguda Surulere, Lagos. The tenant's name is Mr Chigozie Okongwu James.

We don't want to take law into our hands as it seems there is no solution to the problem through the Lagos Mediation Centre. It's about 10 months now!

What can my family do to get the man ejected from the apartment? Your advice are welcomed.



involve a lawyer who will take him to court, and the court will do the needful if the period he's given elapses. Obviously, he's wicked.

1 Like

Re: Our Tenant Refuses To Vacate Our Apartment After About 10 Months Quit Notice! by hustla(m): 11:23am On Dec 20, 2019
Nukilia:


Why are they giving others a bad name? Learnt landlords in Lagos hardly rent their houses out to the easterners. They claim after they pay their first year, they hardly pay for subsequent years...

Omo na so them be everywhere
Them go later dey follow you dey claim house wey you build sotey you sef go shock oooo


abi no be so them dey claim say Lagos na no man's land? Meanwhile Yoruba no fit try am for ibo land

I think its in their blood

1 Like

Re: Our Tenant Refuses To Vacate Our Apartment After About 10 Months Quit Notice! by Bigblessed: 11:25am On Dec 20, 2019
I disagree with you in this because a Yoruba pastor (family man for that matter) tried doing it with us, but i believe, he ended up with regrets from what he saw; upon their endured dirtiness and lies.

Stop generalising. There are good and bad people everywhere.

hustla:



Before I read an finish I Don know say na Ibo

Na them dey do like this

If you now vex for them, then go claim say them dey target them., yoruba no like Ibo blah blah

If you allow that tenant for too long, later e go dey claim right for the house as if say na in own

Na from abeg make I stay for 1 month, e go turn to landlord for your head

Carry soldiers to deal with am and throwey in things

1 Like

Re: Our Tenant Refuses To Vacate Our Apartment After About 10 Months Quit Notice! by dangoteinlaw: 11:28am On Dec 20, 2019
WAECMATHEMATICS:


We've actually thought of this. But, our fear is, things might go wrong. He might even sue us in the process.

Thanks anyway.
my bro just be calm and eject them the right and legal way. Ignore all those fools asking u to remove roof or call area boys o coz they will land you in deep mess. Even my uncle who's a rich master degree holder couldn't eject his stubborn ibo tenant for 2years upon all his street smarts and threats. The legal way is the right way or else you will find yourself paying for things you never broke. Okay

1 Like

Re: Our Tenant Refuses To Vacate Our Apartment After About 10 Months Quit Notice! by Myself2(m): 11:28am On Dec 20, 2019
chival:
He probably doesn't have the funds to rent a new apartment yet. He'll leave eventually. Home owners should learn to have compassion for their tenants. The state of affairs in the country is causing millions to suffer untold hardship.

What is your livelihood please ?
Do you think it willl be fair on you if someone was to ask you to stop earning an income and begin to work for free ??

1 Like

Re: Our Tenant Refuses To Vacate Our Apartment After About 10 Months Quit Notice! by dangoteinlaw: 11:30am On Dec 20, 2019
queenolofofo:
Just give OPC smoke and ogogoro money,small display,alaye don pack
well no try am for Benin tenant oo.
Re: Our Tenant Refuses To Vacate Our Apartment After About 10 Months Quit Notice! by Bigblessed: 11:31am On Dec 20, 2019
Managed to read some comments here.

I believe you are Mathematics yourself so go through all the comments and do the mathematics.

You will not regret the outcome. After all, you have a good case.

Good luck!

1 Like

Re: Our Tenant Refuses To Vacate Our Apartment After About 10 Months Quit Notice! by Xisnin(m): 11:31am On Dec 20, 2019
WAECMATHEMATICS:


He said he's still looking for a new apartment. After about 10 months!
Don't follow the advice of those asking you to remove his roof or you will end up in jail.
Stop going to the Lagos arbitration center.
Go to court and get him evicted.
After an eviction order has been served on him, get the police to throw him out.

1 Like

Re: Our Tenant Refuses To Vacate Our Apartment After About 10 Months Quit Notice! by Nobody: 11:37am On Dec 20, 2019
WAECMATHEMATICS:


He has not been paying any bill again since that February when he was given quit notice.

Exactly my thoughts, just seek a legal advice.

1 Like

Re: Our Tenant Refuses To Vacate Our Apartment After About 10 Months Quit Notice! by teemy(m): 11:56am On Dec 20, 2019
WAECMATHEMATICS:


This is what we think his plan is. He's a very cunning man.
Firstly, I wish to congratulate you for not falling into your tenant's trap. He would have just claimed you destroyed something his livelihood depends on or you stole a 45 million His office gave to him. There is a due process under the law and I will explain it to you now.

Rent court is faster in these cases than magistrate as magistrate court handles all types of cases. So, go to your local govt office to asked for the location of the rent court and liase with any court clerk there. For rent court, I am not sure but I believe you don't need a lawyer to file your cade but to be sure, the clerk will out you through. If a lawyer is required, they can also give you a lawyer's contact.

If it is magistrate court, you will be needing a lawyer and the rest of the process is about the same.

For an owing tenant, you didn't even need to give a six months quit notice only the seven days notice. However, some states like in my Oyo state requires a one month quit notice before the seven days quit notice. Either way, you've more than compensated for it with the six months and then the seven days notices. Now you go to court. (Had to explain this much due to other readers).

Your lawyer or you (if rent court) files the case and a court notice is sent to the tenant. If he is seen, whether he accepts the notice or not, as long as the bailiff tells him and throws down the paper or gives it to him, it is as good as served and he has no excuse whatsoever as long as the bailiff lays eyes on him.

The process at court is

Mention, hearing, judgement.

The other parts could be skipped if he accepts to actually owing on the first day and sometimes the judge could just wrap everything up and deliver judgement right away saving everyone time. The judge would never say he must move instantly but will still give him time to move but the good thing is the judge will will acceed to your prayers.

Prayers in court terms means request. While discussing with your lawyer, list it all. It should include

That he leaves,
That he pays up all outstanding rent covering all the period he is owing till now (the 10 months)
That he pays all potential rent from now till when court asks him to leave (called mense profits)
That he pays for the court case (the son of a wonderful creature of God has to be taught a lesson)

Now the court might not grant the last one unless you prove you indeed had enough patience with him (in my case, the female judge said she didn't want to lay too much financial burden on her being a student. I've seen another judgement where it was approved). A statement from the resolution centre and/or copies of those quit notices will nail his coffin. The court will certainly ask him to move as well as pay all monies till he leaves.

It might take time but you will have your wish done. The lady I got a court judgement against packed out and even locked the door but we kept pasting all notices on her door. When she knew we did not break the door open and falling into her trap, she came back to open it herself after a week. The court processes still went on till judgement was made even in her absence.

What if he does not leave even after the judgement was said to his ears or posted on his door and he does not leave?

You still go back to court and the court gives you a registrar and police escort to evict him and also a garnishee order to his banh to have the money transferred to you. (Thank God for BVN). As long as he makes money in this Nigeria, you will have your money back. Just find his account details and he is toast.

There is a process and the law works.

Wishing you well - Teemy

8 Likes 3 Shares

Re: Our Tenant Refuses To Vacate Our Apartment After About 10 Months Quit Notice! by Nobody: 11:57am On Dec 20, 2019
WAECMATHEMATICS:
Good day all.

Please, I need your advice on one wicked stubborn tenant. My family gave this our tenant a quick notice since February this year 2019. As a matter of fact, the tenant and our family went to Lagos Arbitration and Mediation Centre. It was at the Mediation Centre that we both reached an agreement that he should leave our apartment.

So, we gave him 6 months quit notice in February, 2019. His previous house rent elapsed that same February, 2019. So, for the 6 months quit notice we gave him, he didn't pay any money. He actually said he would need 6 months to search for another apartment at that meeting we had with him at the Mediation Centre in February. So, we gave him the 6 months for free.

The 6 months we gave him elapsed at the end of August, 2019. When the 6 months elapsed, he refused to vacate the apartment. So, my family went back to the Lagos Mediation Centre to complain. The Mediation Centre sent him (the tenant) a letter giving him 7 days ultimatum to vacate the apartment. At the end of the 7 days, this man refused to leave. My family complained again to the Mediation Centre and they said they would look into it.

After another 3 months again by last November, 2019, this tenant refused to leave the apartment. My family went back again to the Lagos Mediation Centre and one of the officials there said "So, the man has not left the house since?". We responded yes. At the Mediation Centre there, they said something like they are incapacitated by the law to take any action.

This is December now going to an end. The tenant is still in the house. He has refused to vacate the apartment. It's about 10 months now living in our apartment without any payment. He has refused to leave.

The apartment is a 2 bedroom flat in Aguda Surulere, Lagos. The tenant's name is Mr Chigozie Okongwu James.

@bolded,

This is childish.
Did you put that so we can help you evacuate/assassinate him

1 Like

Re: Our Tenant Refuses To Vacate Our Apartment After About 10 Months Quit Notice! by omotoyossi(m): 12:00pm On Dec 20, 2019
chival:
He probably doesn't have the funds to rent a new apartment yet. He'll leave eventually. Home owners should learn to have compassion for their tenants. The state of affairs in the country is causing millions to suffer untold hardship.
Just look at what u are saying.

1 Like

Re: Our Tenant Refuses To Vacate Our Apartment After About 10 Months Quit Notice! by WAECMATHEMATICS: 12:04pm On Dec 20, 2019
tommy589:


Is he paying his electric bills or it's prepaid


He has stopped paying all the bills in the house since that February when he was given quit notice.
Re: Our Tenant Refuses To Vacate Our Apartment After About 10 Months Quit Notice! by Froshloaded: 12:05pm On Dec 20, 2019
This is simple
Just derive him of some pleasure
Cut his waterand light
Change the keys to the Gate,
Lock the door always, and tell the other tenants not to give him
Simple.. It will work like magic
Re: Our Tenant Refuses To Vacate Our Apartment After About 10 Months Quit Notice! by WAECMATHEMATICS: 12:06pm On Dec 20, 2019
elchariotlp:


Its not issue of bribe sir. Confirm if there is a term that was signed at the Mediation Centre. It there is, then request that it be moved to a Judge.

Noted Sir
Re: Our Tenant Refuses To Vacate Our Apartment After About 10 Months Quit Notice! by WAECMATHEMATICS: 12:12pm On Dec 20, 2019
teemy:

Firstly, I wish to congratulate you for not falling into your tenant's trap. He would have just claimed you destroyed something his livelihood depends on or you stole a 45 million His office gave to him. There is a due process under the law and I will explain it to you now.

Rent court is faster in these cases than magistrate as magistrate court handles all types of cases. So, go to your local govt office to asked for the location if the rent court and liase with any court clerk there. For rent court, I am not sure but I believe you don't need a lawyer to file your cade but to be sure, the clerk will out you through. If a lawyer is required, they can also give you a lawyer's contact.

If it is magistrate court, you will be needing a lawyer and the rest if the process is about the same.

For an owing tenant, you didn't even need to give a six months quit notice only the seven days notice. However, some states like in my Oyo state requires a one month quit notice before the seven days quit notice. Either way, you've more than compensated for it with the six months and then the seven days notices. Now you go to court. (Had to explain this much due to other readers).

Your lawyer or you (if rent court) files the case and a court notice is sent to the tenant. If he is seen, whether he accepts the notice or not, as long as the bailiff tells him and throws down the paper or gives it to him, it is as good ad served and he has no excuse whatsoever as kind as the bailiff lays eyes on him.

The process at court is

Mention, hearing, judgement.

The other parts could be skipped if he accepts to actually owing on the first day and sometimes the judge could just wrap everything up and deliver judgement right away saving everyone time. The judge would never say he must move instantly but will still give him time to move but the good thing is the judge will will acceed to your prayers.

Prayers in court terms means request. While discussing with your lawyer, list it all. It should include

That he leaves,
That he pays up all outstanding rent covering all the period he is owing till now (the 10 months)
That he pays all potential rent from now till when court asks him to leave (called mense profits)
That he pays for the court case (the son of a wonderful creature of God has to be taught a lesson)

Now the court might not grant the last one unless you prove you indeed had enough patience with him (in my case, the female judge said she didn't want to lay too much financial burden on her being a student. I've seen another judgement where it was approved). A statement from the resolution centre and/or copies of those quit notices will nail his coffin. The court will certainly ask him to move as well as pay all monies till he leaves.

It might take time but you will have your wish done. The lady I got a court judgement against packed out and even locked the door but we kept pasting all notices on her door. When she knew we did not break the door open and falling into her trap, she came back to open it herself after a week. The court processes still went on till judgement was made even in her absence.

What if he does not leave even after the judgement was said to his ears or posted on his door and he does not leave?

You still go back to court and the court gives you a registrar and police escort to evict him and also a garnishee order to his banh to have the money transferred to you. (Thank God for BVN). As long as he makes money in this Nigeria, you will have your money back. Just find his account details and he is toast.

There is a process and the law works.

Wishing you well - Teemy

Thanks so much. Really appreciate.

1 Like

Re: Our Tenant Refuses To Vacate Our Apartment After About 10 Months Quit Notice! by TAGf(m): 12:16pm On Dec 20, 2019
WAECMATHEMATICS:


We've actually thought of this. But, our fear is, things might go wrong. He might even sue us in the process.

Thanks anyway.


Exactly what you want! let him fight, then you call the police on his misconduct. Before they bail him out you would have finished removing the roof, cutting the light and water source. my advice tho
Re: Our Tenant Refuses To Vacate Our Apartment After About 10 Months Quit Notice! by WAECMATHEMATICS: 12:16pm On Dec 20, 2019
SIR0:
@bolded,

This is childish.
Did you put that so we can help you evacuate/assassinate him

No!

Perhaps, people who know him can talk to him to leave. He might listen to some people.
Re: Our Tenant Refuses To Vacate Our Apartment After About 10 Months Quit Notice! by Nobody: 12:19pm On Dec 20, 2019
WAECMATHEMATICS:


No!

Perhaps, people who know him can talk to him to leave. He might listen to some people.
Okay o
Re: Our Tenant Refuses To Vacate Our Apartment After About 10 Months Quit Notice! by D1zion: 12:22pm On Dec 20, 2019
flyingdutchman:

You are a very wicked person.
kai! May God bless you for this.
Re: Our Tenant Refuses To Vacate Our Apartment After About 10 Months Quit Notice! by WAECMATHEMATICS: 12:22pm On Dec 20, 2019
dominique:
The op should have excluded the tenant's name in his post

Perhaps, people who know him can talk to him to leave. He might listen to some people.

It's about 10 months now!
Re: Our Tenant Refuses To Vacate Our Apartment After About 10 Months Quit Notice! by nobilie: 12:27pm On Dec 20, 2019
Sometimes, i don't pity this Lagos landlords. You take high rent plus crazy agreement and commission fee as well as deposit for damages. When issue comes, you give same tenant only six months to vacate the apartment. That alone is wickedness. Note, tenants dont get back their deposits for damages ooo. Where a tenant pays a minimum of N450k for rent, 80k for agreement and 80k for commission then 50k for deposit (thats half the rent oo).

Mind you, if you removed the roof and that tenant takes the landlord to court, the landlord will pay damages to the tenant who will now only leave when he can. There is only an exception, which is when the contract is elaborate enough to cover conditions of termination which should still be in agreement with the state tenancy law.
My advice, the meditation center is a waste of time. File case in the court early enough.
It is even robbery to collect money for agreement and commission esp without a lawyer. Rubbish
Re: Our Tenant Refuses To Vacate Our Apartment After About 10 Months Quit Notice! by row2ray(m): 12:38pm On Dec 20, 2019
Go to the police station, to make a statement and request a few police men to accompany you to eject the tenant... whatever happens you have credible witnesses (police) incase he wants to lie about missing property ... have someone video everything... also make sure none of his property is damaged during the ejection

1 Like

Re: Our Tenant Refuses To Vacate Our Apartment After About 10 Months Quit Notice! by Juliearth(f): 12:40pm On Dec 20, 2019
KenOne:
OP like someone suggested to you file a case against the tenant in magistrate court immediately with the evidence of the center of abitration settlement of given him 6months to leave and other reminders.

The extra months he stayed after the agreed 6months by both parties before the centre of abitration he'll be forced to pay by the court.

The court will confiscate his properties through the court bailiff and auction them to pay you.

You guys wasted almost a full year chasing shadows by going to centre of abitration that can not act instead of going to magistrate court to evict the stuborn tenants within that 6months.




Op, please take this advice

1 Like

Re: Our Tenant Refuses To Vacate Our Apartment After About 10 Months Quit Notice! by chival(f): 12:41pm On Dec 20, 2019
ChiefSweetus:

You are fucking stupid and poverty is calling your name.

So landlords who probably invested their life's blood and have property as their only source of income should die of hunger for strangers? Entitlement of the highest order.

In airing my views, I insulted no one. You should learn the art of tact. And no, I am far from stupid, and I am not poor either.

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