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Notice To Quit - Properties (5) - Nairaland 352041

Notice To Quit (59935 Views)

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TYCO77: 3:07pm On May 07, 2024
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garriAndsugar:

I am also into legal system and the same thing you're saying it's what of the tenants said, where's he now?

Out of the house, I served him 6months, one week notice of owner recovery and told him to prepare for court. He begged and left the apartment.[b][/b]

May be he is poor or a white-hearted person.
CaptainFM1: 3:08pm On May 07, 2024
immortalcrown:
What warrants the quit notice?

He may just want to use his house. He may have family , friends, relatives that need a place to stay. or He may not even want to rent out again.

He really do not need to have any reasons for issuing a quit notice. He doesn't owe you that explanation but a concerned Landlord may tell you.

.....ok "I have a baby mama I've impregnated outside, and I want her to come and stay in my house" His reasons could be as flippant as that!

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erico2k2(m): 3:09pm On May 07, 2024
ceejay80s:

I meant 3 months and he wouldn't have paid the current rent at least he will still have some change with him
You do realize each month you have to pay, so in 6 months time don't you agree that he should have had 6months rent to pay for the next year?
its better to move n get peace, some land lords are dubious. I have heard of some removing the roof. grin

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Zinpat: 3:12pm On May 07, 2024
AlphaNugget:

The 6 month notice is what one will tag as "over wiseness".

The 6 months' notice actually covers his rent period which is only accepted by people that doesn't know their rights, the notice should start from the expiration of his rent and not in between his rent.


I thought so too
ireke(m): 3:14pm On May 07, 2024
Justnation:



Absolutely correct 💯, you cannot use his rent period to serve him quit notice he is entitled to enjoy the rent in peace, at the expiration of his rent you can serve him notice of r 6 months for a yearly rental tenant

It is absolutely not correct, and your explanation makes it worse. Every other thing being equal, you should renew your tenancy (pay your rent) before the tenancy expires. So, unless there are other issues (such as financial problems), quit notice is highly likely to come when your tenancy is still valid. Once you stop paying your rent, you are no longer a tenant and that is almost another discussion on its own.

You will be a landlord one day.

4 Likes

stagger: 3:15pm On May 07, 2024
oladele239:
So today the lawyer in charge of the property I stay in brought a notice to quit for us. Our rent is due November 31st and in the quit notice, it states we must leave that same date.

Please I want to ask is this what the law states ? Because he claims we now have 6 months notice to vacate the apartment even as our rent will be due in November...

This is a very sudden one for me

He served you correctly. 6 months is the time frame to quit and usually served in an active tenancy.

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Uptownerd: 3:15pm On May 07, 2024
AlphaNugget:

The 6 month notice is what one will tag as "over wiseness".

The 6 months' notice actually covers his rent period which is only accepted by people that doesn't know their rights, the notice should start from the expiration of his rent and not in between his rent.

This is wrong and not what the law says.

If his rent expires, he will be served 7 days Notice of Owners Intention to Recover Premises. The six months is in order.

1 Like

CaptainFM1: 3:15pm On May 07, 2024
oladele239:


Where the money I just paid one last year December

Between now and November 30th is almost 7months.

I've always said this....
Tenants should not take a rent which their 2months income cannot cover.

Also, Landlords should not give rent to a tenant whose two months income cannot cumulate their annual rent.

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PointZerom: 3:17pm On May 07, 2024
oladele239:
So today the lawyer in charge of the property I stay in brought a notice to quit for us. Our rent is due November 31st and in the quit notice, it states we must leave that same date.

Please I want to ask is this what the law states ? Because he claims we now have 6 months notice to vacate the apartment even as our rent will be due in November...

This is a very sudden one for me

It is in order.
MrFly(m): 3:17pm On May 07, 2024
A very comionate lawyer, he served the letter very early. He should have served it on 31/05/24

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LagBlogger(m): 3:17pm On May 07, 2024
AlphaNugget:

The 6 month notice is what one will tag as "over wiseness".

The 6 months' notice actually covers his rent period which is only accepted by people that doesn't know their rights, the notice should start from the expiration of his rent and not in between his rent.

You can talk nonsense sha. Which law permits what you just said?

2 Likes

jmoore(m): 3:18pm On May 07, 2024
dinkyicon:
what state is this? In lagos a lawyer will issue the quit notice and after the 6 month if the tenant refused to vacate then you will issue a 7 days notice and after that you will go to court. All these are precedent you must follow before going to court
Abia state. The notice doesn't carry the stamp of the high court in that local government?
PointZerom: 3:18pm On May 07, 2024
CaptainFM1:


Between now and November 30th is almost 7months.

I've always said this....
Tenants should not take a rent which their 2months income cannot cover.

Also, Landlords should not give rent to a tenant whose two months income cannot cumulate their annual rent.


Every body is not a salary earner. Your idea is absolutely wrong.
Ed12(m): 3:21pm On May 07, 2024
The lawyer is been smart here, he made your rent and your six month legal quit notice to run concurrently grin grin

You must start looking for another house

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erico2k2(m): 3:22pm On May 07, 2024
CaptainFM1:


Between now and November 30th is almost 7months.

I've always said this....
Tenants should not take a rent which their 2months income cannot cover.

Also, Landlords should not give rent to a tenant whose two months income cannot cumulate their annual rent.

I agree with the bolded.so Landlord should do proper reference to avoid stories!

3 Likes

erico2k2(m): 3:24pm On May 07, 2024
ireke:


It is absolutely not correct, and your explanation makes it worse. Every other thing being equal, you should renew your tenancy (pay your rent) before the tenancy expires. So, unless there are other issues (such as financial problems), quit notice is highly likely to come when your tenancy is still valid. Once you stop paying your rent, you are no longer a tenant and that is almost another discussion on its own.

You will be a landlord one day.
The way people talk about law will make you laugh and fall down,imagine enjoy rent and the serve 6months notice untop no rent.I wish these guys know how much it cost to build houses nowadays, Nigeria will turn to places like Uk where individuals now cant build and instead rent or buy via mortgage!

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david22uu(m): 3:24pm On May 07, 2024
AlphaNugget:

You will need to reply to him via another lawyer, stating that you want an extra 3 months after the expiration of your rent.

If you stay in Owerri I can assist you, if not, then kindly any lawyer near you

In the law you have to pay for the three months. There is no extra free month allowed. Know the law properly. So six month is the required notice

1 Like

Fearyourcreator: 3:24pm On May 07, 2024
erico2k2:

Bross no vex, abeg go back to the group you belong to,I don't have to degrade myself nor entertain your backyard talk or bathe wiv the same ignorance your online fragrance emits!
Now you don come out, you be werey alaso
ireke(m): 3:26pm On May 07, 2024
Entanglement:
who is feeding you this lie undecided

Once them give you notice prior 6month to your rent expiration! If you try extend it to another 3month after your rent expire, you go pay for that 3 month and you must to park your load or tribunal go help you park your load go under bridge

People just like to be difficult and cheat other people out of their sweat. That is why they misinterpret laws and take undue and ungodly advantage of loopholes.

We should all aspire to be the kind of tenant we would want when we become a landlord.

When I had a similar situation, I ensured that I was as Godly as much as I could.
- Agent increased rent, but it was too close to the expiration of my tenancy. I told him to give me 6 months to move out and I paid for the 6 months at the going rate. Eventually, I was too busy and I didn't move out as planned. So I asked for another 3 months but I paid the new rate.
- He asked me to paint the flat after moving out. I told him I would paint only after removing the new wiring, mosquito nets and other improvements that I installed. He quickly told me to forget it.

He may not like me, but he could not fault what I did. I would also not cry foul if a tenant did the same thing to me in the future. in fact I would be extremely grateful if I had my type of person as a tenant.

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erico2k2(m): 3:26pm On May 07, 2024
Fearyourcreator:

Now you don come out, you be werey alaso
Now you are being ignorant, Plz do us a favour foxtrot oscar!
erico2k2(m): 3:28pm On May 07, 2024
ireke:


People just like to be difficult and cheat other people out of their sweat. That is why they misinterpret laws and take undue and ungodly advantage of loopholes.

We should all aspire to be the kind of tenant we would want when we become a landlord.

When I had a similar situation, I ensured that I was as Godly as much as I could.
- Agent increased rent, but it was too close to the expiration of my tenancy. I told him to give me 6 months to move out and I paid for the 6 months at the going rate. Eventually, I was too busy and I didn't move out as planned. So I asked for another 3 months but I paid the new rate.
- He asked me to paint the flat after moving out. I told him I would paint only after removing the new wiring, mosquito nets and other improvements that I installed. He quickly told me to forget it.

He may not like me, but he could not fault what I did. I would also not cry foul if a tenant did the same thing to me in the future. in fact I would be extremely grateful if I had my type of person as a tenant.
This is great stuff.
Fearyourcreator: 3:28pm On May 07, 2024
erico2k2:

Now you are being ignorant, Plz do us a favour foxtrot oscar!
Like I said before , your werey go reply.. oya reply again... Claiming class wey you no get ... arindin omo

1 Like

erico2k2(m): 3:30pm On May 07, 2024
Fearyourcreator:

Like I said before , your werey go reply.. oya reply again... Claiming class wey you no get ... arindin omo
You wanted to be noticed, now you have been noticed you can now foxtrot oscar with ur class!

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Fearyourcreator: 3:31pm On May 07, 2024
erico2k2:

You wanted to be noticed, now you have been noticed you can now foxtrot oscar with ur class!
Cry , afofun... Lolzzz ... Noticed for what exactly, idiot

1 Like

extremelygolden: 3:32pm On May 07, 2024
AlphaNugget:

The 6 month notice is what one will tag as "over wiseness".

The 6 months' notice actually covers his rent period which is only accepted by people that doesn't know their rights, the notice should start from the expiration of his rent and not in between his rent.

My brother, that's Law for you. The lawyer acted exactly how it should be acted upon in law. Like someone rightly said, he can only appeal for extra 3 months if he's unable to meet up with the notice period.

Just plead, don't drag right or anything with them, so they wouldn't be bent on evicting you the same day your rent expires, in case you're not able to rent another apartment before the expiration of your rent.

May God help us all to be property owners in no distance future, in Jesus Name, Amen!

1 Like

Nkpitime(m): 3:32pm On May 07, 2024
garriAndsugar:

Which tenancy law are you quoting from?

The law states that 6 months notice should be given for a yearly tenant if breaks any of the tenancy agreement or the landlord wants to use his apartment.

They have served him the 6 months quit notice

He can still apply for 3 months extension
Oneday82: 3:32pm On May 07, 2024
AlphaNugget:

You will need to reply to him via another lawyer, stating that you want an extra 3 months after the expiration of your rent.

If you stay in Owerri I can assist you, if not, then kindly any lawyer near you

If you tried that with me, you might leave the house on a wheel chair 💺. You can't come to drag what I suffer to build. A good lawyer will not allow you to challenge a six month notice already served to the tenants. Besides not all landlords dey smile. People like me, I no dey see you. I go chase you spiritually. No be person go tell you to park.

2 Likes

ireke(m): 3:33pm On May 07, 2024
ceejay80s:

He allowed u to pay in December, the man is a wicked man

He is a wicked man for collecting payment for services rendered... Who do us this thing?

1 Like

CaptainFM1: 3:33pm On May 07, 2024
SouthSouth1914:


Technically, his rent has not expired! Notices are to be served after rent expiration, eviction can still be done on the discretion of the owner! It’s in the law you give him at least 3 months to move out of the property after rent expiration!

The landlord is a wicked man and thinks he wants to outsmart you through his lawyer. But this is a slippery slope, you can get a lawyer and amass law fees or just start looking for another rental.

Notices can be served anytime. You have imported so much misconception into the tenancy law. After the expiration of rent, the Landlord is not under contractual obligation with you anymore provided he has not collected any money or mesne profit from you. In such case, the Landlord is only required to issue you 7days notice.

Another misconception is that a tenant can stay 6months free? Even if the Landlord issued you the 6months notice after your tenancy expires, every single day the tenant stays in that house will be worked out and the tenant will be asked to pay (Mesne). Some magistrate would even add interest to it.

You should visit magistrate courts often to witness Landlord-Tenant cases and learn the law correctly.

6 Likes 1 Share

Oneday82: 3:38pm On May 07, 2024
oladele239:
So today the lawyer in charge of the property I stay in brought a notice to quit for us. Our rent is due November 31st and in the quit notice, it states we must leave that same date.

Please I want to ask is this what the law states ? Because he claims we now have 6 months notice to vacate the apartment even as our rent will be due in November...

This is a very sudden one for me

My honest advice to you is to you is to vacate his property in peace for him. No need to drag anything with him or try to prove your papa or mama na SAN. Try and get a place on or before the expiration date.

Talking from experience, my tenants wanted to play smart on me, they will never finish saying what they face afterwards. Some landlords are not smiling when it comes to someone wanting to drag their property.

Be a good tenant and God will also make you a landlord too, choose the path of Peace instead.

3 Likes

SouthSouth1914: 3:43pm On May 07, 2024
CaptainFM1:


Notices can be served anytime. You have imported so much misconception into the tenancy law. After the expiration of rent, the Landlord is not under contractual obligation with you anymore provided he has not collected any money or mesne profit from you. In such case, the Landlord is only required to issue you 7days notice.

Another misconception is that a tenant can stay 6months free? Even if the Landlord issued you the 6months notice after your tenancy expires, every single day the tenant stays in that house will be worked out and the tenant will be asked to pay (Mesne). Some magistrate would even add interest to it.

You should visit magistrate courts often to witness Landlord-Tenant cases and learn the law correctly.

You need to re read my piece again. Firstly, you didn’t addressed the issue of rent expiration and serving of notice as highlighted in my post. I did acknowledged that notices can be serviced anytime as per the landlord request.

Secondly, there is nowhere in my comment I said a tenant can stay in a rented apartment free for 6 months. It is pertinent to noted that standard practice requires at least 3 months before evictions and I clearly stated that it is always a slippery slope between a landlord and a tenant having issues about evictions.

I am appalled at your assertions and deeply troubled by your claims regarding a magistrate being interested in a clear case of eviction! Conclusively, I am inclined to believe that you either didn’t finish your law practice or totally oblivious of the basics of what tenancy law means.
CaptainFM1: 3:44pm On May 07, 2024
PointZerom:


Every body is not a salary earner. Your idea is absolutely wrong.

That's why I used the word "income" and not salary. I really don't care how you cumulate your income together.

I know a lady that sells, pepper, foods, own a boutique, she's a realtor, she patronizes the red lights districts, she's a yahoo girl, she operates a side bar and peppersoup t and so many other hustling....When you add up what she gets from all the above is what is termed "Income".

Go back to the earlier post, I chose my word carefully, I never used the word "salary".

And it doesn't matter if my idea is wrong. It's just my position, and it has worked well for me.

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