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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.
My landlord just served me a quit notice last week, stating that I should vacate his house by March , whereas my annual rent will expire by May. Please advise me on what to do. KINGSLEY.
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.
Hello sir.
I am a landlord. I have given all tenants 6 months notice but am being informed that Lagos state law requires me extra 6 month notice AGAIN. Another agent says it's just 3 months. I've read elsewhere where it says just 7 days notice of intent to possess is sufficient.
Kindly advise. They all got 6 months notice on time to end on the date of their tenancy so it's not like they aren't away.
I need the property vacated asap as I need it for personal use. How do I go about this please?
Thank you
pls i have this property my dad left for me and my tenants over there are not paying up there rents,i went as soft as allowing them pay the way they want and know some are owing for 6months some two months.
what type of quit notice can i issue to them
better still how do i go by it
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?
Dear Sir,
I need your advice on a landlord given quit notice to tenant in between the period of agreement. I pay my rent on yearly basis but due to disagreement that the landlady want to impose some repairs wetin the facility to tenants, she decided to give two of us quit notice when with six (6) months notice when we are just six months into our yearly payment. She wants us to leave at exact date that our money expires.
Sir, I want to know if her action is legal and if not what can I do?
I am of the opinion that a quit notice should only be served as at the end of expiration of our agreement and not at the middle of the agreement. In her agreement she promised to repair all structural problems in the house but now want tenant to repair septic chambers that is blocked.
Sir, kindly advice.
Thanks.
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!
This comment has been removed by the author.
how do you give a tenant a quit notice knowing fully well that there was no tenancy agreement in the beginning.
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 a landlord, is it netter to have written tenancy agreement. If so, can such agreement without lawyer enforceable in court?
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?
good work
My tenant rent expired last month 8th September. He has not been able to pay till now. Though he promised to pay but I need to use the apartment because of my own needs too. What is the required no. Of dayz I should issue to him to quit.
Hello, My rent expired July 31st,2016 and my landlord served me quit notice, 1st September, 2016 with expiration date as 28th February, 2017. Yesterday, he brought a letter seeking I pay him for the six month in advance. Is he right by law? Please advise.
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 was served a notice ,my rent will expire next year june
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
Good day barrister
I inherited a property of 4 nos of 3bedroom in a prime area in lagos my issue is that a I have tenamt who is owing rent for a year and 8months till date.i wrote to him in august soliciting for the rent and as well gave till the end of September to respond accordingly with regards to payment. He responded verbally and pleaded to pay up in 3 installments which he promisec to start by October. I have so far been very patient with him due to his plea and current financial sitiation but as I write to you I haven't seen or heard from him please advise.
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?
Gud morning, Pls. I need your advice on this matter, my rent expired 31st Dec.16, my landlady sent me a text on 15th of Jan.2017 to pay my rent and I replied her that I will,but on 22nd of Jan.2017 I saw the landlord of the next compound measuring my compound and I questioned him about it and called the landlady who told me that the house is not for sale that she just want to do c of o.I was surprise to see her with the landlord of the next compound yesterday 30th of Jan.2017 serving me with a letter dated 27th Jan.stating that the property now belongs to the man, but no notice have been served yet from either of them. Pls what do I do.
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.
Good day, My yearly rent will expire 31st March and my landlord sent Inn a letter of increment of #50,000.00 on the 14th February.he demand the new rent take effect from 31st March. Kindly advice
IF a tenancy agreement requires yearly payment but the tenant pays 6months after the expiration of the rent, meaning tenannt pays 6 months rents every one month after date of expiration
Can i serve him 3 months since he stop complying toi the agreement or had to do 6 months
Please advice
Good morning sir,
Kindly advise.
My landlord gave me a 6months quit notice and the notice would be due in march 2017,my first 6month he did not provide water and electricty until the 7month the aggrement reached was not reached because i paid for 3bedroom and for 6month no ligth due back log of privious tenants,.. i felted cheated and needed compesation of lost 6month without amenities paid for,and in feb i was served to appear in mediation court even when the 6month will ellpase in march
My questions are;
1. should i appear in courth when my notice has not ellpased?
2. do i stand chance for extension if i am unable to get another place by april,2017.
3. What do i do as i have not discussed with him till now,
4. i need your advise as i do not know what to do or say at the moment,
5. do i have chances to argue and get my lost six month back,
my landlord just gave me a quit notice today.
I have an annual tenancy. Due to some circumstances of activity, I thought I may not have more than four months to spend in Nigeria and then decided to pay for up to four months in two tranches. Whose second I paid 2nd march.
After doing so, the next day, I got a quit notice!
The initial annual agreement was written while the other agreement based on the monthly agreement is that if after the four months I'm still here then I'll have to pay up for the rest of the year.
Any ideas on way forward?
What about property evictions when a building is built on a land illegally
pls I am 1yr in arrears of rent , my landlord sent me 7days owners intention to recover possesion , I tried to beg him to collect d 1yr rent but he refused n insist I pay 2yrs if I must continue to stay in d apartment . so I decided to use d money n rent a smaller apartment . only for d landlord to trace me to my new apartment with a bailif issuing a court summon dat I should pay up d period I stayed , but d summon does not have any date written on it .
I sometimes wondered, how people hide under the law to cheat landlords. When you know you are owing rents, why not pay it. Mind you, this is the landlord's investment also, a means of income to the family.
It's what you know from the first day that your rent will be expiring on a particular day, why not do the needful and stop hiding under the law to cheat?
My question is – Does a landlord still need to issue a 6 months quit notice to a yearly tenant who is already in arrears of rent?
Please endeavor to be replying your visitors comments. some people use it as frequently asked questions and get their answer from them without necessarily having to ask you same thing over again. thanks
Sir, my tenant had been complaining about my house that it's no more conducive for him, he even said the presence of my mother in the house disturbed him. I orally told him to vacate the house a month before the expiration of his rent, reason been that there was no any documented agreement btw us when he initially came in. Another reason is that the apartment is overfull, the soakaway is faulty, the entire house needs renovation. At the end of the expiration date, he said he is not ready to go anywhere, he said he will leave at his convinient. He went to report at the station and the best police supported him. Sir what should I do?
Hello sir, I am trying to draw up a tenant agreement for my tenant. Initially, there was no documented agreement and the tenant is still owing part of 2016 rent & is yet to pay for this year rent. I drafted the tenancy agreement and included that 'the landlord shall serve him quit notice of 1 month if I intend to take possession of my property' & that 'the tenant shall give me 1 month notice if he is going to quit the apartment'.
However, my tenant refused to sign saying that I should change it to 6 months quit notice as he pays his rent yearly. Please, tell me what to do. Thanks
Hello i was giving a paper type as a quit notice which is ending August,first my rent is still running as at February when it was giving to me by my landlady.As a yearly tanent i was giving six months to go,Based that she ask me to loan her a one year rent for the son to upset his problem,my failure to do that the son now type and give to mother to me.what should do..07012866198
Good morning sir, please my rent
Good morning sir,am a yearly pay tenant and my rent will expire on February 2018 but my landlady sent me quit notice yesterday being 30th august.my questions are (1) I thought that she will serve me the notice when my rent expires (2) what if I did not get where to stay will she gv me another six months ( which I think is the better way to serve) me notice. Thnx
Hello,
My Landlord’s lawyer didn’t send a formal letter advising the rent increase. Rather, this was scribbled at the back of the payment receipt for last year’s rent. When this year’s rent was due, I mentioned to him that I didn’t receive a formal notification of increase.
I have now received a formal letter advising of a 33% increase in my rent. I plan to negotiate downwards but wish to know if there are any laws governing the rate of increase of yearly rent payments. This would help guide my negotiations as I can reference this.
Kindly advise.
Thank you.
G.A.
Hey,
I am glad to be on your blog, this is very helpful for all tenant and landlord to understand all process of eviction. If any landlord want to evict their tenant then he should have strong and legal reason for eviction like late payments, violation in agreement. Thanks for sharing these details with us.
Please where is the location for this court "IN THE MAGISTERATES' COURT OF LOAGOS STATE IN THE IKEJA MAGISTERIAL DISTRICT HOLDEN AT IKEJA" ?
PLS i need your help here, my rent payment runs from january to december,my landlord served me quit notice by september,meanwhile my rent expires december.i expected the notice to be from january to june.pls advice
Please can a landlord write a quit notice to a tenant, or must it be a lawyer.
Thanks for the great enlightenment Sir. in a situation where by you signed the agreement under duress and simply because the lawyer was not patience enough to have a meaningful conversation.
1. i met the lawyer after 6 months that i made the payment through an agent. he did not show up.
2. i concluded with the agent verbally that because i fixed all interiors in the house that no increment and eviction for three years.
3. when it was time for the second renewnal so many faults came up in the house which i could not fix all myself anymore. he promised to work on them. immediately he got the rent he disappeared.
4. this is another period to renew again. the rent will expire by December 31st. He claimed he pasted on my gate quite notice 5months ago, that by 31st of December i should vacate the premises.
5. please kindly advice.
My landlord, decide to give me quit notice, after 7 months, and he said he will pay me my balance of 5months, so how long can i stay in the apartment to look for another apartment? Pls advise me
Hi from the tenancy law that a quit notice may end on the eve of a tenancy means if the notice was not served half way before it expires, one thing that must be observed is that the six months notice MUST be observed for a yearly tenant. kindly confirm sir.
Do you really think so?
Hello sir,pls under lagos state law ,when issued 6month quit notice for a tenant,is the tenant going to pay for the 6months or is just free
Hi my rent expired in March after which I made an advance deposit of half of the amount of the rent the caretaker called today informing that I will be given a quit notice.my questions are is that legal and if so I am a yearly tenant how many month am I entitled to and when does this notice read from and to what month.Thanks.please advice