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Does Landlord Have Right To Break And Enter Tenant's Flat? - Properties (4) - Nairaland

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Re: Does Landlord Have Right To Break And Enter Tenant's Flat? by chibuzorAbia: 10:11am On Jan 21, 2017
YesNo:


800k? what happened to the 9 sets of 24k gold millipede pattern chains and the gold wrist band to match and Diamond crusted gold earrings to match... the ones he kept under the kitchen sink? plus the little diary containing phone numbers and ATM + online banking passwords ?

who wants to be a millionaire with lifetime free accommodation?

And you think the Judges in the courts are stupid abi? You will end up in jail! Infact by the time the police finish with you en?, your relative will see you and not recognise you. You get all these items? From where? Wetin be your salary or sales from your shop for the last 5 years? Do you have a tax clearance to support your income? You will go to jail for fraud and the same landlord will put all your things on the street and your eyes go clear.
Re: Does Landlord Have Right To Break And Enter Tenant's Flat? by segzyogondus(m): 10:12am On Jan 21, 2017
chibuzorAbia:


Chest beating! You and your children plus your goods in the shop will end up on the street! It is people like you that I love dealing with - when you come back with your guarantor to BEG! One even brought the so called Eze Ndigbo with him to beg beg!

Oga wetin u dey talk for mouth? You would get a key and just enter my shop or house cos you are my land lord and I pay you rent? U no dey use ur head ? If u happened to be a tenant and the land lord does that to you please tell me what your response would be since you are now a dealer.....
Re: Does Landlord Have Right To Break And Enter Tenant's Flat? by chibuzorAbia: 10:15am On Jan 21, 2017
onyidon22:
If I were the tenant,I would be be very happy because,this is a good avenue to make money.The landlord will pay me all the money that I couldn't make in the past 10 years

I dey laugh you! Na you go spend 10 years in jail or detention for fraud and attempted fraud. You think the judges are fools abi? I dey laugh you well well.
Re: Does Landlord Have Right To Break And Enter Tenant's Flat? by chibuzorAbia: 10:18am On Jan 21, 2017
segzyogondus:


Oga wetin u dey talk for mouth? You would get a key and just enter my shop or house cos you are my land lord and I pay you rent? U no dey use ur head ? If u happened to be a tenant and the land lord does that to you please tell me what your response would be since you are now a dealer.....

At worst you sue for trespass and only if something is missing. If you claim something is missing then you better have the concrete evidence to present to the court. Otherwise na watery beans and misquitoes be your matter.
Re: Does Landlord Have Right To Break And Enter Tenant's Flat? by segzyogondus(m): 10:27am On Jan 21, 2017
chibuzorAbia:


At worst you sue for trespass and only if something is missing. If you claim something is missing then you better have the concrete evidence to present to the court. Otherwise na watery beans and misquitoes be your matter.

Good now you need to understand that life is not all about fighting and shouting before you told me chest beating you definitely would have asked what would I have done not just talk like I have no right to respond to my landlord getting into my shop or flat...Also I can not claim there is something missing without a good evidence but what is he looking for that he can not wait to inform me and ask for permission to get in is what I would like to know when it is not like there is something burning or someone calling for help in my flat or name what ever reason he too should have a very good reason.... So I wasn't talking about breaking bottles or calling boys to fight and so on just simple explanations then if there is no good reason or explanation then what next
Re: Does Landlord Have Right To Break And Enter Tenant's Flat? by no1madman(m): 10:34am On Jan 21, 2017
bettercreature:
This poster is not telling the truth,he is probably owing the landlord
Yeah
Re: Does Landlord Have Right To Break And Enter Tenant's Flat? by sirmelody(m): 10:38am On Jan 21, 2017
akintom:


I once heard a judge (in a private conversation) said that, the landlord can't be charged/convicted for "breaking and entering", because he owns the house.
Lies of d century.
Re: Does Landlord Have Right To Break And Enter Tenant's Flat? by jomoh: 10:55am On Jan 21, 2017
beautycrush24:


if u had read to understand and not just to hastily comment on d first page, u would have seen where the OP wrote 3 bedroom flat.

You expect me to believe what he wrote hook, line and sinker that he will leave a 3bedroom flat empty to travel and the land lord will have the guts to break in and he will still be here asking for what to do.

Anyone that has the capacity and mentality to rent a 3bedroom flat automatically will have an aura around him that says "don't mess with me I know and am sure of what I am doing"

It is actually one thing to read and understand but it is another thing to digest internalize and analyse what was written.

BTW are u pained that you couldn't comment on the front page. My beautycrush24 if it is front page that you want "com an collet it".

1 Like

Re: Does Landlord Have Right To Break And Enter Tenant's Flat? by K1famous: 11:04am On Jan 21, 2017
thats is wrong mike, the fact that he owns the house does'nt justify that homorus attitude. The appartment belong to the tenant as long as he/she occupy the place. The landlord should be taking to court and he can be charged for breaking and entry if not well properly handle. Either, he will pay for damages for entering the appartment behind there back.
Re: Does Landlord Have Right To Break And Enter Tenant's Flat? by Nobody: 11:26am On Jan 21, 2017
eee777:


mumu you think u are God. if na me you dies first . all heads are not graced same by God.

The landlord may have done it in ignorance but in naija everything is done zagazazaga. most of you here talking can't do nothing. una know law this much & yet your leaders loot you dry & turned you to fools & religious hypocrites?
u are big fool,a bastard and a reta.rd!!!You find it difficult to make a point or correcting a comment without insult....scum
Re: Does Landlord Have Right To Break And Enter Tenant's Flat? by K024(m): 11:41am On Jan 21, 2017
akintom:


I once heard a judge (in a private conversation) said that, the landlord can't be charged/convicted for "breaking and entering", because he owns the house.

Private converstaion is what it is. I'm not a lawyer but I'm looking at trespass and criminal breach of agreement in addition to breaking and entering self.

1 Like

Re: Does Landlord Have Right To Break And Enter Tenant's Flat? by Nobody: 11:43am On Jan 21, 2017
deolumike:
Rights of a Landlord:
 The rights of the landlord includes the right to receive rents from the tenant as at when due, and a restricted right to inspect the premises after a written notice has been given to that effect notifying the tenant about the proposed inspection. The inspection may be carried out at any reasonable hour of the day time only, and can be carried out for limited purposes including; to view the condition of the premises, and to carry out repairs in necessary parts of the building.

 In the event that the tenant does not observe any of his duties or obligations, the landlord has a right to engage a lawyer to institute court action to end the tenancy and repossess the premises. Before a landlord can do this, he must be sure that there is no portion of the Agreement or law stating otherwise, and that necessary notices have been given to the tenant to leave the premises and he has refused.

 Where a landlord exercises his right to go to court, he may ask the court to order the tenant to pay him rent that are unpaid but which have become ripe/due for payment prior to commencing the action in court, and he can further claim the value of rent for the premises per day until the tenant leaves the premises.

When a landlord wishes to eject a tenant from his premises, the following procedure must be followed:
• Issuance of a valid Notice to Quit.
• Issuance of a Notice of owner's Intention to Recover Possession at the expiration of the notice to quit
• Writ or Plaint against Tenant or Person Refusing to Deliver up Possession.
• Service of Processes

Words of Advice to Landlords:
The popular notion is that where a tenant renews his rent yearly, he will be entitled to six months’ notice before he can be ejected, but this notion is only true where a landlord fails to prepare a written agreement to regulate the length of notice that he desires to give the tenant. In order words, the length of notice will be regulated by the law in the absence of an agreement stating otherwise.
The benefit of preparing a written agreement in a tenancy relationship cannot be overstated. From my experience in managing properties and facilities, I have discovered that the first duty of every landlord is to make sure that his tenants have written agreements to guide his relationship with the tenants. This is essential because the law allows the landlord and tenant by way of a tenancy agreement to regulate their relationship in the areas of each person’s obligations, and length of notice to terminate the tenancy relationship. A landlord that therefore wishes to save himself some headaches may choose to regulate a substantial part of the tenancy relationship by way of a Tenancy Agreement and the best way to do this is to consult a competent lawyer for proper guidance.

Barrister Mike.

deolumike@gmail.com cool
Barrister Sir, kindly address the question raised by the OP. thank u

1 Like

Re: Does Landlord Have Right To Break And Enter Tenant's Flat? by K024(m): 11:58am On Jan 21, 2017
deolumike:
Rights of a Landlord:
 The rights of the landlord includes the right to receive rents from the tenant as at when due, and a restricted right to inspect the premises after a written notice has been given to that effect notifying the tenant about the proposed inspection. The inspection may be carried out at any reasonable hour of the day time only, and can be carried out for limited purposes including; to view the condition of the premises, and to carry out repairs in necessary parts of the building.

 In the event that the tenant does not observe any of his duties or obligations, the landlord has a right to engage a lawyer to institute court action to end the tenancy and repossess the premises. Before a landlord can do this, he must be sure that there is no portion of the Agreement or law stating otherwise, and that necessary notices have been given to the tenant to leave the premises and he has refused.

 Where a landlord exercises his right to go to court, he may ask the court to order the tenant to pay him rent that are unpaid but which have become ripe/due for payment prior to commencing the action in court, and he can further claim the value of rent for the premises per day until the tenant leaves the premises.

When a landlord wishes to eject a tenant from his premises, the following procedure must be followed:
• Issuance of a valid Notice to Quit.
• Issuance of a Notice of owner's Intention to Recover Possession at the expiration of the notice to quit
• Writ or Plaint against Tenant or Person Refusing to Deliver up Possession.
• Service of Processes

Words of Advice to Landlords:
The popular notion is that where a tenant renews his rent yearly, he will be entitled to six months’ notice before he can be ejected, but this notion is only true where a landlord fails to prepare a written agreement to regulate the length of notice that he desires to give the tenant. In order words, the length of notice will be regulated by the law in the absence of an agreement stating otherwise.
The benefit of preparing a written agreement in a tenancy relationship cannot be overstated. From my experience in managing properties and facilities, I have discovered that the first duty of every landlord is to make sure that his tenants have written agreements to guide his relationship with the tenants. This is essential because the law allows the landlord and tenant by way of a tenancy agreement to regulate their relationship in the areas of each person’s obligations, and length of notice to terminate the tenancy relationship. A landlord that therefore wishes to save himself some headaches may choose to regulate a substantial part of the tenancy relationship by way of a Tenancy Agreement and the best way to do this is to consult a competent lawyer for proper guidance.

Barrister Mike.

deolumike@gmail.com cool

Thank you o. I am really looking forward to having tenants again. We will have our agreement notarized and breaches will be treated according to the agreement

1 Like

Re: Does Landlord Have Right To Break And Enter Tenant's Flat? by Originalsly: 12:56pm On Jan 21, 2017
Op... there is no difference if a known or unknown person enter your flat without your permission.... whether he enters through the window or used a master key to enter through the door.... doesn't matter... it is called burglary... a criminal offence and that needs to be reported to the police for them to prosecute the burglar... who happens to be your landlord. You don't need a lawyer. Like someone said earlier... many police are tenants and can't wait to shift their hatred of their landlord to your landlord.
Re: Does Landlord Have Right To Break And Enter Tenant's Flat? by Badgers14: 1:29pm On Jan 21, 2017
akintom:


I once heard a judge (in a private conversation) said that, the landlord can't be charged/convicted for "breaking and entering", because he owns the house.

It depends. It is on a case by case basis.

But the action this landlord took here is very punishable by law in most country.

If there was a fire and the landlord in an act of goodwill broke in to save the tenant or his property then the landlord cannot be prosecuted. But to break in and entry because one of the child needs accommodation is illegal.

But if he gave the tenant notice to quit with the reason that he wants to make use of the flat and the child ended up living there.. The tenant cannot win the quit notice in court provided that the landlord gave the tenant adequate notice.
Re: Does Landlord Have Right To Break And Enter Tenant's Flat? by akintom(m): 1:37pm On Jan 21, 2017
madridguy:
Is this an assumption or it happened to you?

Real story. the matter is ongoing in one of the police station in Benin city. The absurd and criminal act happened last Wednesday.
Re: Does Landlord Have Right To Break And Enter Tenant's Flat? by akintom(m): 1:46pm On Jan 21, 2017
jomoh:


You expect me to believe what he wrote hook, line and sinker that he will leave a 3bedroom flat empty to travel and the land lord will have the guts to break in and he will still be here asking for what to do.

Anyone that has the capacity and mentality to rent a 3bedroom flat automatically will have an aura around him that says "don't mess with me I know and am sure of what I am doing"

It is actually one thing to read and understand but it is another thing to digest internalize and analyse what was written.

BTW are u pained that you couldn't comment on the front page. My beautycrush24 if it is front page that you want "com an collet it".

Why are you assuming this much. I am a direct witness to the story i gave. I only want to be guided and educated by folks who are learned here.
Re: Does Landlord Have Right To Break And Enter Tenant's Flat? by akintom(m): 1:49pm On Jan 21, 2017
chibuzorAbia:


At worst you sue for trespass and only if something is missing. If you claim something is missing then you better have the concrete evidence to present to the court. Otherwise na watery beans and misquitoes be your matter.
Is a case of breaking and entering not establishable against the landlord?
Re: Does Landlord Have Right To Break And Enter Tenant's Flat? by akintom(m): 1:59pm On Jan 21, 2017
chibuzorAbia:


And you think the Judges in the courts are stupid abi? You will end up in jail! Infact by the time the police finish with you en?, your relative will see you and not recognise you. You get all these items? From where? Wetin be your salary or sales from your shop for the last 5 years? Do you have a tax clearance to support your income? You will go to jail for fraud and the same landlord will put all your things on the street and your eyes go clear.
Firstly, i suspect that you're a landlord who is either a shylock and mean to his tenants or that you have been roughened by tenants, and you are now bitter and now paranoid whenever the issue of fraudulent landlord comes up.

Secondly, what makes you think that an idiot, bearing a landlord title, can't be implicated without the tenant been bursted?
Re: Does Landlord Have Right To Break And Enter Tenant's Flat? by zinaunreal(m): 3:22pm On Jan 21, 2017
engrMikemd:
he owns d god damn house and he does whatever he likes
Are there still people in need of sense like this?
Re: Does Landlord Have Right To Break And Enter Tenant's Flat? by luckyprince(m): 3:40pm On Jan 21, 2017
akintom:

Real story. the matter is ongoing in one of the police station in Benin city. The absurd and criminal act happened last Wednesday.
wow, police is just for formality sake, you need a lawyer to sue the living day light out of whomever he or she thinks they are!!! lipsrsealed
Re: Does Landlord Have Right To Break And Enter Tenant's Flat? by mykelly(m): 4:07pm On Jan 21, 2017
Sorry for asking o, were you born a retard or you grew to become one?
engrMikemd:
he owns d god damn house and he does whatever he likes
Re: Does Landlord Have Right To Break And Enter Tenant's Flat? by Nobody: 4:29pm On Jan 21, 2017
I own houses here and in nig,I have spare keys,my tenants here leave the rent on the table at the end of every month I go there to collect their rents,when I arrive there I press the bell three times if no response I open the door and go in,there's no law that restricts a landlord/management from entering his house,if you don't like it then move out.
Re: Does Landlord Have Right To Break And Enter Tenant's Flat? by chibuzorAbia: 5:43pm On Jan 21, 2017
akintom:

Firstly, i suspect that you're a landlord who is either a shylock and mean to his tenants or that you have been roughened by tenants, and you are now bitter and now paranoid whenever the issue of fraudulent landlord comes up.

Secondly, what makes you think that an idiot, bearing a landlord title, can't be implicated without the tenant been bursted?

Yes you guessed right, I am a landlord. Nigerian tenants can be devious but a landlord or his agent has no right to go into a rented space without the express approval of the tenant. If that occurs going to court is not the right course of action. There must be quiet talk between the parties, if no change you go to mediation. Going to court occurs only if a valuable goes missing and there is sufficient evidence to present in court. The landlord will be liable for such loss. However following a win in court the landlord can issue a quit notice to tenant and follow up to a quick eviction citing relationship breakdown.
Re: Does Landlord Have Right To Break And Enter Tenant's Flat? by beautycrush24(f): 7:52pm On Jan 21, 2017
jomoh:


You expect me to believe what he wrote hook, line and sinker that he will leave a 3bedroom flat empty to travel and the land lord will have the guts to break in and he will still be here asking for what to do.

Anyone that has the capacity and mentality to rent a 3bedroom flat automatically will have an aura around him that says "don't mess with me I know and am sure of what I am doing"

It is actually one thing to read and understand but it is another thing to digest internalize and analyse what was written.

BTW are u pained that you couldn't comment on the front page. My beautycrush24 if it is front page that you want "com an collet it".

My dear...u can have all the front pages to yourself. I'm busy making money on a more important thread and u're here looking for who is dragging front page with u

God forbid dat I join u in that category. #JumpAndPass
Re: Does Landlord Have Right To Break And Enter Tenant's Flat? by akintom(m): 8:54pm On Jan 21, 2017
chibuzorAbia:


Yes you guessed right, I am a landlord. Nigerian tenants can be devious but a landlord or his agent has no right to go into a rented space without the express approval of the tenant. If that occurs going to court is not the right course of action. There must be quiet talk between the parties, if no change you go to mediation. Going to court occurs only if a valuable goes missing and there is sufficient evidence to present in court. The landlord will be liable for such loss. However following a win in court the landlord can issue a quit notice to tenant and follow up to a quick eviction citing relationship breakdown.

Your contribution is appreciated!
Re: Does Landlord Have Right To Break And Enter Tenant's Flat? by akintom(m): 8:56pm On Jan 21, 2017
euromilion:
I own houses here and in nig,I have spare keys,my tenants here leave the rent on the table at the end of every month I go there to collect their rents,when I arrive there I press the bell three times if no response I open the door and go in,there's no law that restricts a landlord/management from entering his house,if you don't like it then move out.
Are you for real? Or you and your imaginary tenants are some kind of aliens or robots?
Re: Does Landlord Have Right To Break And Enter Tenant's Flat? by Nobody: 9:04pm On Jan 21, 2017
akintom:

Are you for real? Or you and your imaginary tenants are some kind of aliens or robots?

Then go and waste your money on a lawyer because I know for sure that your case will be thrown out of court 100%.
Re: Does Landlord Have Right To Break And Enter Tenant's Flat? by akintom(m): 9:07pm On Jan 21, 2017
euromilion:


Then go and waste your money on a lawyer because I know for sure that your case will be thrown out of court 100%.

And why will it be thrown out?
Re: Does Landlord Have Right To Break And Enter Tenant's Flat? by Nobody: 9:16pm On Jan 21, 2017
akintom:


And why will it be thrown out?

What case exactly are you thinking of filing?
That he broke a door that he own or what?
Except if that you reported missing items.
Re: Does Landlord Have Right To Break And Enter Tenant's Flat? by akintom(m): 9:21pm On Jan 21, 2017
euromilion:


What case exactly are you thinking of filing?
That he broke a door that he own or what?
Except if that you reported missing items.

Are you by any reason saying that a landlord is immuned to breaking and entering?
Re: Does Landlord Have Right To Break And Enter Tenant's Flat? by Nobody: 9:26pm On Jan 21, 2017
akintom:


Are you by any reason saying that a landlord is immuned to breaking and entering?

Let's assume that you are living in a house and a tenant slept and never woke up. Thanks

Who's the first to be informed?

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