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Should The Tenant Who Is Served A Quit Notice Still Pay The Landlord? (39653 Views)
kevoh(m): 7:58am On Nov 19, 2019 |
Venerable612: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? |
colestephan86: 7:58am On Nov 19, 2019 |
jerflakes:You just read the position of the law and still you chose to be a dingbat, I hope you meet a landlord that knows the law , only then will you know that pomo and kanda are same thing. 4 Likes |
Re: Should The Tenant Who Is Served A Quit Notice Still Pay The Landlord? by Nobody: 7:58am On Nov 19, 2019 |
smartoliver: It’s wrong..and it’s usually because the landlord serves the notice at the wrong time....if I serve u notice 6months to the end of ur rent....u leave when ur rent ends...after that I can forcefully move u... The law was made to protect citizen from being thrown out without having enuf time to secure another place to stay. it’s not to give free rent period....Nigerian tenants have just seized an opportunity to make it a tit for tat case.... that shebí u send me out and then I won’t pay since I’m looking to pay in another place..... 4 Likes 2 Shares |
InvertedHammer: 8:00am On Nov 19, 2019 |
laudate:/ One thing is to have laws, the other is to implement the laws. Laws are continually flouted in Nigeria. The courts do not seem to be interested in justice. The laws may be on your side but incessant adjournments and or strikes, or even worse, meddling by the police will demoralize the plaintiff. It is not as easy as it seems. Tenants are given notices prior to the expiration of their rents containing the expiration date of their current rent, renewal /conditions or prepare to vacate premises. Notice to vacate premises is a whole new ball game if tenants are unable to renew rent as at when due. / |
Re: Should The Tenant Who Is Served A Quit Notice Still Pay The Landlord? by Nobody: 8:01am On Nov 19, 2019 |
jerflakes: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 5 Likes 1 Share |
jaxxy(m): 8:02am On Nov 19, 2019 |
babyfaceafrica: 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. |
babyfaceafrica: 8:05am On Nov 19, 2019 |
jaxxy:I doubt that..you are more sympathetic to tenants than landlords whose only income may be house rents..is that fair? |
Venerable612(m): 8:08am On Nov 19, 2019 |
kevoh: 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! 3 Likes |
shosky1794: 8:11am On Nov 19, 2019 |
Npfn: 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. 3 Likes 1 Share |
jaxxy(m): 8:12am On Nov 19, 2019 |
babyfaceafrica: I’m a tenant aswell as a landlord I had experience of both sides. A good lawyer and monitoring can enforce/protect the landlord rights and his property. My only sympathy to the tenant is being thrown out on the street without notice that is inhumane, uncivil and wrong. If u want to go u it shudnt be abrupt, u shud give him 6months notice while his rent is on so he can start saving and looking for another suitable place. Any extension after that 6months he will pay till he leaves. If fair on both sides here. Now ur worry for the landlord is damages to property or what part exactly? |
baratech: 8:13am On Nov 19, 2019 |
If you're owing, pay
1 Like |
kevoh(m): 8:16am On Nov 19, 2019 |
Venerable612:It's actually a yearly rent. Thanks a lot. I know how to proceed from here. |
madridguy(m): 8:17am On Nov 19, 2019 |
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. shosky1794: |
ecclize: 8:18am On Nov 19, 2019 |
someone should snap or screenshot a portion of the law to this effect... because Nairalander can confuse thqn the devil himself |
Surulereman(m): 8:20am On Nov 19, 2019 |
Npfn: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. 3 Likes |
Venerable612(m): 8:20am On Nov 19, 2019 |
kevoh: Alright sir! |
oyeb15: 8:22am On Nov 19, 2019 |
d tenant is entitled to 3months free to look for accommodation if its d landlord that want him out. The law of Nigeria gives d tenant 65% right over landlord thats why you should show your tenant love so he can respect your feelings. if you there tamper with his property or him during this period, d tenant has d right to sue you for damages, assault and crime and once d case is in court he will live in d premises until judgemental is delivered. After dat, d court will calculate d time take into consideration d legal fees d tenants has incured and ask him to pay prob like 50% of d actual rent. I once like in a soldier house and he just send his agent and told me to pack within two weeks. i dont know my offers. i ignored d letter and yab d agent dat we will see in court. The soldier ed his lawyer calculated legal fees and time and called and appealed to me after two months of free rent that i too will be landlord one day.Mainwhile have gone to police station to report a treat to my life and property by unknown persons. Now i use to tell my tenants."you know i love you all,i want your good, dont ever try to cheat me in any way cos i wont take you to court by i will use every other means to deal with u." 1 Like |
madridguy(m): 8:25am On Nov 19, 2019 |
Brother, the OP may be right but so far here in Lagos state am yet to see any landlord that evict his/her tenant within 7 days. Even the so called elite landlords with good lawyer. Surulereman: |
shosky1794: 8:25am On Nov 19, 2019 |
madridguy: 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 3 Likes |
Adexvivacity(m): 8:25am On Nov 19, 2019 |
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? 1 Like |
cherriex(f): 8:25am On Nov 19, 2019 |
gbaskiboy: I thought it was so too,until I was educated well by a lawyer, you will pay for every extra period you stayed after the expiration of your six months notice which is to be served six month before your rent expired. 1 Like |
madridguy(m): 8:28am On Nov 19, 2019 |
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: |
madridguy(m): 8:30am On Nov 19, 2019 |
I'm just laughing with the OP quote of law. I don't know anywhere else but here in Lagos, once you served your tenant quit notice don't expect a dime. This is Nigeria Adexvivacity: 1 Like |
Olusheyi1(m): 8:35am On Nov 19, 2019 |
ipeg34yahooco: 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. 3 Likes 1 Share |
ctleurocollege: 8:36am On Nov 19, 2019 |
MrMcJay: 1 Like |
noble71(m): 8:38am On Nov 19, 2019 |
sirfemoz:Exactly my point. Thanks for bringing this up. 1 Like |
shosky1794: 8:47am On Nov 19, 2019 |
madridguy: 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. |
madridguy(m): 8:50am On Nov 19, 2019 |
Chikena shosky1794: |
shosky1794: 8:52am On Nov 19, 2019 |
noble71: The tenant properties can be auctioned off if the landlord follows through with the process. It has happen before. |
Inception(m): 8:56am On Nov 19, 2019 |
The kind of responses i am reading here seriously implies the criminal mindedness of Nigerians. HOW CAN YOU STAY IN A LANDLORD'S HOUSE FOR FREE AND YOU DON NOT HAVE GUILTY CONSCIENCE?! CHAI! AND NA WE RELIGIOUS ! ![]() 3 Likes |
simplesearch: 9:02am On Nov 19, 2019 |
@ OP did the law permit payment of agreement, commission and damages on properties that are already damaged? Many greedy Landlords are the ones shortchanging themselves. When you choose to collect extra charges that nearly equals the rent, added together it's like paying for double the year you are paying for, that's why most landlord don't want to ask for a dime during those subsisting period they know they are guilty already. Some landlord act like demigod by giving their tenant quit notice under questionable circumstances, for example some landlord think they don't have to pay for electricity, Lawma or security; they simply all charges to their tenant and if you have a tenant who challenge them on such absurdity the next thing you'll get is quit notice. Why not ing illegality, most of the happenings now were not figured in our constitution, landlords becoming monsters to their tenant, increasing rent at will without a modicum of human sympathy, some do it yearly to frustrate tenant so they can get another set of agreement, commission and damages fee which is too bad. If you want to do a good job I will request you come up with another post highlighting the right of tenants and circumstances under which a tenant can be given a quit notice so that landlord will not further abuse the tenant rights.
2 Likes |
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