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A number of landlords and estate agents have always wondered
how to best rid themselves of very stubborn tenants without erring in law,
apparently some of these tenants unscrupulously seek to exploit the lacuna in
the law just so they can live in a property for years without paying rent, I have
heard of such tenants and the landlords are usually always bitter about such
situations. Some landlords have always resulted to self-help by forcefully evicting
the said tenants but a recent decision of the court where such a landlord was
directed to pay damages and compensation to the forcefully evicted tenant will
seek to discourage many others.
how to best rid themselves of very stubborn tenants without erring in law,
apparently some of these tenants unscrupulously seek to exploit the lacuna in
the law just so they can live in a property for years without paying rent, I have
heard of such tenants and the landlords are usually always bitter about such
situations. Some landlords have always resulted to self-help by forcefully evicting
the said tenants but a recent decision of the court where such a landlord was
directed to pay damages and compensation to the forcefully evicted tenant will
seek to discourage many others.
The Lagos State Tenancy Law 2011 provides that parties can
provide for how a notice to quit can be given in the tenancy agreement,
however, when there is no such provision, Section 13 of the law provides that:-
provide for how a notice to quit can be given in the tenancy agreement,
however, when there is no such provision, Section 13 of the law provides that:-
Where there is no stipulation as to the notice by either
party to determine the tenancy, the following shall apply –
- a week’s notice for a tenant at will
- one (1) month’s notice for a monthly tenant
- three (3) month’s notice for a quarterly tenant
- six (6) month’s notice for a yearly
tenant.
It’s important to note that when the
tenancy is for a fixed period (e.g. one year) and such period has expired but
the tenant refuses to give up possession, if the landlord intends to recover possession, he
shall serve a seven (7) days written notice of his intention to apply to
recover possession. Such notice will be classified as properly served when
handed to the tenant in person; to an adult residing on the premises; by
courier to the address or posting same on a prominent part of the premises.
tenancy is for a fixed period (e.g. one year) and such period has expired but
the tenant refuses to give up possession, if the landlord intends to recover possession, he
shall serve a seven (7) days written notice of his intention to apply to
recover possession. Such notice will be classified as properly served when
handed to the tenant in person; to an adult residing on the premises; by
courier to the address or posting same on a prominent part of the premises.
Upon expiration of the 7 day ultimatum,
if the tenant still refuses to give up possession, the landlord may file a
claim for recovery of possession against the tenant in the magistrate court or
high court where the premises is located.
if the tenant still refuses to give up possession, the landlord may file a
claim for recovery of possession against the tenant in the magistrate court or
high court where the premises is located.
A court can also order possession if
the tenant is in arrears of rent; has breached any covenant in the agreement;
where the premises is required for personal use by the landlord and where the
premises requires substantial repair. A court shall also have power to make an
order for possession upon proof of facts that; the premises is used for immoral
or illegal purposes; has been abandoned; is unsafe and constitutes a danger to
the public or the tenant simply constitutes a nuisance.
the tenant is in arrears of rent; has breached any covenant in the agreement;
where the premises is required for personal use by the landlord and where the
premises requires substantial repair. A court shall also have power to make an
order for possession upon proof of facts that; the premises is used for immoral
or illegal purposes; has been abandoned; is unsafe and constitutes a danger to
the public or the tenant simply constitutes a nuisance.
Adedunmade Onibokun, Esq
@adedunmade
hope to do a write up on the Tenancy law soonest.
Can my landlord serve a notice to quit if am owing him for like 6 months and when will the notice to quit be valid? Will it be as the time my rent expires I.e backdated to the time my rent expires or the notice to quit will start counting the day l was served bearing in mind that l am owing 6 months.
Morning sir,i need your help on this issue.my rent expired febuary 2016,and before then have told my landlord in dec 2015 that I can't renew the rent and want to move out of the apartment but I requested for 2months to sort myself.it is 2months now,tried packing out yesterday aprol 29th 2016,he used his car to block the gate through out yesterday even til now.cant even drive out to go and work not to say packing. Pls wat step should itake
Hello Lawyer. Well done.
Please, my landlord served me quite notice on 30th Dec 2015, after we had an altercation same day, eventhough my rent expires mid August 2016. He refused to fix a number of things and as I tried to fix them on my own, he would still try to humiliate me.
Now, I plan to be the first to sue him. The quite notice gives the reason that he wants to renovate, which was the reason for our misunderstanding in the first instance. I intend to move out but I want him to refund part of my money for denying me value for my money and for deceiving me with everything we agreed on. Please, does he really have a case against me or do I have against him?
Briefly let me enlighten you on this. If mid way of your yearly tenancy, your landlord serves you a 6months quit notice, then her actions in law are very correct. It is called 6month notice to quit because landlords are legally bound in law to notify their tenants at least 6months before the expiration of their tenancy. For more info, kindly consult a lawyer!
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My landlord served me a 6months quick notice in person which he claimed it was from a lawyer. .there was no acknowledgement or sort which I sees as an empty threat.forgetting the part that he didnt fix some facilities in the house…whenthe six months expires he came with a police, he insisted I leave his house..then I told him to serve me a proper notice from a lawyer Which would carry an acknowledgement..an advice pls.
As Landlord, can you present a tenancy agreement entered into without a lawyer in court? can the court accept it as valid?
Dear all,my landlord gave me a 6month quit notice to expire on the last day of my tenancy. However upon expiration of the tenancy and quit notice, an appeal was made by third parties which led to an extension of my tenancy by 4months and for which I paid the Lanlord. My question is this: can I still demand for another 1month quit notice according to the Lagos Tenancy law or does the initial 6months notice still apply? Ineed to know if events have overtaken the 6months Quit notice please.
Hi, my tenant's rent expired on 31/05/16 and is yet to pay rent till today 04/09/16.
In fact I have decided to use the premises personally and wondering what I d of notice I can give within the ambits of the tenancy laws of Lagos state. I wish to eject him as soon as possible… please help.
Tks/ Andy
Sir .pls can an agent who is not a legal practitioner draft and issue a quit notice to a tenant without a lawyer drafting and signing it . tanx samson
Hello Barrister . I intend to repossess an apartment within my property. The rent expires by end of February 2017. Is it in order for me to give him notice of termination of tenancy agreement now to fulfill the 6 months notice provision of the Law. On the tenancy agreement it was provided that each party should give a month notice.Can I rely on this and wait till Jan 2017 to issue the notice?.Do i need to register the notice at Court registry and get a bailiff to deliver the notice?
i have a tenant that lock his room and palour for the pass one and half year now and owing rent till now and gave one room to illegal tenant and i issued quit notice which ended for the pass two months pls what can i do again.
i have a tenant that lock his room and palour for the pass one and half year now and owing rent till now and gave one room to illegal tenant and i issued quit notice from a lawyer which ended for the pass two months pls what can i do again.
My laldlady just gave a quit notice to vacate my apartment by dec,the quit notice is dated back to june 30 2016, meanwhile it was served on oct 11,2016. In actual sense my rent will only be due by dec 31,2016 which am expected to be giving till june 2017 as a notice, pls what do i do?
to start with, i paid my landlord( developer) in november 2014 2 years rent before packed to the house cos his still building the house, and enter the apartment in may 2015, but the house is notting to but rubbish which cos i have paid i have no choice than to pack in, he gave me an agreement i delibrately didnt sign it, dis week he gave me a quit notice for me to pack at the experiation of my rent which is six month. please advice
Am princewill, please my landlord issued me an eviction letter on the 26/10/2016,but was backdated 20/03/2016,which is the day she claims to have verbally told me. Yet, my rent is yet to expire on Dec, 2016.my questions then are;first, is the quit notice valid? Secondly, when is my six months notice duration supposed to elapse? Does it start as at when the eviction letter was issued or after the expiration of my rent in December? Please I need advice.
Hi,
My landlady has asked for me to plan to move out of my shop.
I renewed my annual rent September 20,2016 upon a written demand letter to do so.
She verbally informed me of the intention to use the shop September 8,2016 but I told her the following day to do a written letter. She eventually served me a letter today November 16, 2016 by a lawyer.
I would like a full refund of the annual rent and observe the required 6months notice period or she waits till September 2017 when my rent expires.
She also refused to give me an agreement after paying N50,000 for same.
She also asked that I pay N50,000 for the front of the shop which is from the PHCN pole to the drainage which I refused to pay as it was an afterthought. And said it would be nice if I don't so that another occupant can come in.
Please advice
Please,i need your advice concerning my tenant who has being violating the tenancy agreement and I cannot allow him for another year,and is tenancy due on the 13th of May next year. I want to know when I should issues him quit notice.
Can an annual paying tenant that failed to pay in advance and is even owning 10 months rent be treated for purpose of eviction as an annual paying tenant?What actions to be taken to evict him and to get him to pay the arrears of rent. Does he qualified to be called tenant?I consider him to be a squatter with no more contractual agreement as tenant.Your views /moderation please!
Hello, i need your help
My name is Michael oyetunde
I have a tenant in my house in which he paid yearly , i have issued him a quick notice in July, he has make no attempt to move out of the house and very rude and aggressive , can i now issue the 7 day quick notice, or what do i do please
Hello,
Please help. I rented my apartment in 2011 and have been living here since. My landlord changed during the course of my tenancy and I was only made aware of this at the point of renewal 3 years ago. The last couple of years I have struggled with the rent and it has been paid late, but it has been paid. My rent is due for renewal end of February 2017. I have paid just over half of the rent but I have not yet paid the other half of the rent. My Landlord sent me a letter stating I am illegally occupying the premises and that I was to move out within 48hours as he has new tenants moving in on 1st February. I have tried to reach him to ask for more time to move out and pay his balance before the end of February but he is not taking my calls and his staff came to move me out of the apartment today. I told them I needed more time. Is it legal to give me 48hours notice? The letter was dated 24th January 2017, received on 25th January 2017. What do I do in a situation like this as I don't have the money to move out so suddenly?
Good morning sir,
Kindly advise.
My landlord gave me a quit notice a week after payment of rent, my rent due date was 25th Dec,2016. I paid him on 21st Dec,2016 and he gave me quite notice on 31st Dec, 2016 for six month to lapse by 30th June,2017 and to vacate apartment.The notice was not dated and no reasons stated for the notice. However, he verbally told me i have not signed agreement and guarantor form.
My questions are;
1. is the quit notice valid?
2. if valid, do i stand chance for extension if i am unable to get another place by June,2017.
3. What do i do as i have not discussed with him till now, for i am disappointed because i have never owed rent even with every two years increment.
Thanks so much as i await your response.
regards,
Demola
Good morning Sir, please I need your advice. My Landlord served me an eviction notice through SMS(text message) two months to expiration of my rent. Am a yearly tenant. He increases rent every year. My House rent will be due end of March 2017, he sent a text message first week of February 2017. I thought yearly tenants are to be given a six month notice? Thanks, awaiting your reply.