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Does Landlord Have Right To Break And Enter Tenant's Flat? (2) - Properties - Nairaland

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Does Landlord Have Right To Break And Enter Tenant's Flat? (2) by akintom(m): 12:54pm On Jan 23, 2017
Part one:

The Case
A yearly tenant, who is occupying a three bedroom flat in a compound, that has another three bedroom flat occupied by the landlord and his family in the same compound.

The tenant has 3 months to the expiration of his rent. The tenant returned from a one week try trip, only to discover that his flat had been opened and strange properties packed in.

On enquiry from the landlord, the landlord's wife replied by saying - "don't be angry, one of my children had issues with his accommodation, therefore i packed his properties into your flat".

The tenant then asked how they gained entry (there's no sign of forceful entry), the landlord's son said - "i tried calling you, but no network connection, i then got a master key to open your door".

QUESTION :
What legal action(s) can be instituted against the landlord by the tenant?



Part Two:

Background info:

The tenant had told the landlord some time in November 2016, that he will be leaving the flat when his rent expires on 31st March, 2017.

Also in November 2016, the landlord started major renovation work in the compound and lasted from November to December, this made the tenant to be parking his car outside, and dust was filling the flat.

Because of this inconvenience, the tenant then secured another accommodation in December 2016, and told his landlord, that he will be away because of the inconvenience that the renovation work is causing him.

The landlord said no problem, as long as the tenant pays the monthly dues of (electricity, security and waste disposal). The tenant agreed.

The tenant moved some of his property to the new accommodation and left the remaining ones behind and locked the flat. The tenant went to pay the monthly dues first week of Jan 2017.

It was when the tenant went to the flat last Wednesday to pick something, that he saw what the landlord did in part one.



Part Three:

The tenant immediately consulted his lawyer, they both came to the flat, took pictures of the strange load. Went to the police station to lodge complaint. All these happened Wednesday. Because it was now dark, the police advised that arrest be made next day.

On Thursday, when the tenant and police arrived the compound, the landlord's wife and his son had gone out. So the police told the landlord to report at the police station, along with his wife and son when they come back.

It turned out that the landlord's wife and son had gone to another police station on that Thursday to lodge fictitious complaints against the tenant.

The police station that the landlord went to, have jurisdiction over the area where this case happened. So the tenant had to report to the station where the landlord lodge complaints against him.

At the station, the tenant told the police what happened, the landlord who is the complainant, immediately became the accused. The police immediately started appealing to the tenant to allow for settlement without court action. the landlord and his folks also started begging.

The tenant told the police that he can't say anything, until he consulted his lawyer. Based on this, another meeting was scheduled.


Part Four

The Settlement:

At the meeting, present are the tenant, lawyer to the tenant, landlord and his folks and the IPO. The following were both agreed on and executed:

1. The landlord signed an undertaking, admitting breaking and entering, it's implications as well.

2. The landlord refunded the financial cost incurred by the tenant, in the course of seeking justice.

3. The landlord paid the balance rent for the month of February and March 2017, to the tenant.

4. Verbal apology was tendered to the tenant by the landlord and his folks.

5. In the presence of the IPO, the tenant packed his remaining belongings out of the flat and handed the key to the landlord.

Case Closed!

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Re: Does Landlord Have Right To Break And Enter Tenant's Flat? (2) by ladyF(f): 1:00pm On Jan 23, 2017
shocked

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