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Nairaland Forum / Nairaland / General / Properties / Sudden One Month Quit Notice: Please We Need Advice On Solution (21739 Views)
Our Tenant Refuses To Vacate Our Apartment After About 10 Months Quit Notice! / Ghana Landlady Gives Female Nigerian Student Quit Notice Over Noise During Sex / Please We Need Advice On Solution To Sudden One Month Quit Notice (2) (3) (4)
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Re: Sudden One Month Quit Notice: Please We Need Advice On Solution by sonnie10: 7:13pm On Jul 14, 2017 |
nwaanambra1: So the money in form of rent that the landlord has been collecting, what business would he claim he had with these people? As long as they have receipt, they are legal occupants . Landlords only arguments might be the extent of their stay, whether long or short. But then, the duration must have been stated in the receipts. Get a lawyer. 1 Like |
Re: Sudden One Month Quit Notice: Please We Need Advice On Solution by eyinjuege: 7:14pm On Jul 14, 2017 |
All these subleasing of someone's property... I'm not understanding. You all should go look for another place to stay, cos I doubt you're living there legally. That caretaker should also be sacked for not looking out for the interest of the person that gave him his house to manage. 1 Like |
Re: Sudden One Month Quit Notice: Please We Need Advice On Solution by Crownofwealth(m): 7:15pm On Jul 14, 2017 |
komols856:Firstly they cant thrown you guys out with just that notice. they will have to serve you guys with a seven days notice to tenant of owners intention to priceed to court to recover possession before taking you guys to court vied a claim. since you are pleading for time you can take the following simple step. when the claim is served on you, you can go to the court,plead laible and ask the judge\magistrate\ president to give you some time to pack from the premises..if the judge is compassionate he may give u guys some time. secondly u can challenge the issuance and service of the notice to quit on you guys.it ought to have been served personally on u guys except that u guys evaded service and the court thereafter ordered service on u guys by substituted means. Thirdly u can challenge the said notice to quit on the ground the length of notice is not valid having regard to the way and manner in which u guys paid rent. the mistake u guys made was to have paid rent to the landlord in the name of the care taker. if u want further advice u can beep me on 08066419086. |
Re: Sudden One Month Quit Notice: Please We Need Advice On Solution by Sterope(f): 7:18pm On Jul 14, 2017 |
I disagree They may not have a tenancy agreement but their occupation was acknowledged and rent was received , basically they have a tenancy @OP, consult a lawyer. He/she may write a letter to the caretaker on your behalf. nwaanambra1: 1 Like |
Re: Sudden One Month Quit Notice: Please We Need Advice On Solution by okenwa(m): 7:19pm On Jul 14, 2017 |
The first offence is to SUB-LET the property to a church member. The second offence is that the church member went ahead to invite SQUATTERS. The third offence is to be paying rent(if at all you pay promptly) in the NAMES of the caretaker. Well I don't want to talk more about your offences. But just know that as a tenant you will have to vacate the property one day for any reason(not because of the beef between the caretaker and one of the tenant); if you pay promptly no beef can generate a quit notice. Please pack out. He has perfectly done his paper work. No charge and bail lawyer deserve your little funds. Use it for a new home. Freedom has a price. 5 Likes |
Re: Sudden One Month Quit Notice: Please We Need Advice On Solution by SmartyPants(m): 7:19pm On Jul 14, 2017 |
There is a strong case to be made that the caretaker has acted as an agent of the landlord, in which case whether he realises it or not, he does have a legal tenancy agreement with you. Speak with a lawyer. 1 Like |
Re: Sudden One Month Quit Notice: Please We Need Advice On Solution by hatchy(f): 7:22pm On Jul 14, 2017 |
Oga make you pack your load and move. You are not even recognised as a lawful tenant there. I don't know why some tenants like trouble. You forget that you may be treated the same way when you build your own. Not all Landlords are bad.Some tenants are ready to take their landlord to court while still living in the house. Too bad! 1 Like |
Re: Sudden One Month Quit Notice: Please We Need Advice On Solution by partnerbiz4: 7:22pm On Jul 14, 2017 |
[quote author=praise010 post=58460126][/quote] So that...? |
Re: Sudden One Month Quit Notice: Please We Need Advice On Solution by heyteaherm: 7:23pm On Jul 14, 2017 |
You are protected under the law. The caretaker acted as the landlord , since the landlord passed the authority to the caretaker, therefore the law will recognize every action taken by the caretaker as the automatic decision of the landlord. Now you have every right to stay till your rent expires and have 6 months quit notice privilege irrespective of the misrepresentation of date the caretaker and landlord indicated.The court starts counting when the notice was pasted. Get a good lawyer. Most nairalanders don't even know their rights so they are the least to advise you, get a reputable lawyer, the court will favor you most in this case. |
Re: Sudden One Month Quit Notice: Please We Need Advice On Solution by Nobody: 7:25pm On Jul 14, 2017 |
If there is no agreement then you have a problem. No matter your living situation always request for paperwork and never have it in someone else's name they can convert the payment but did it occur to you that you just helped him probably buy a house it's sad but without paperwork your best defense is Prayer that God should turn the situation into a blessing for you. |
Re: Sudden One Month Quit Notice: Please We Need Advice On Solution by YelloweWest: 7:25pm On Jul 14, 2017 |
partnerbiz4:Pls quote the law. 2 Likes |
Re: Sudden One Month Quit Notice: Please We Need Advice On Solution by babyfaceafrica: 7:27pm On Jul 14, 2017 |
It is a difficult case...subletting is bad,then you went ahead to allow squatters,there are a lot of illegal things you doing..in as much as people should help,squatters,floaters should behave themselves!!!!..next time you guys should stop cutting corners to get house..talk to a lawyer sha 1 Like 1 Share |
Re: Sudden One Month Quit Notice: Please We Need Advice On Solution by jidxin(m): 7:29pm On Jul 14, 2017 |
nwaanambra1:bros how far....stop saying trash.....nxt time wat u dont kmow just kip mum..... havnt u hrd of agent and principal relationship weda disclosed or not abeg shatap pls |
Re: Sudden One Month Quit Notice: Please We Need Advice On Solution by babyfaceafrica: 7:34pm On Jul 14, 2017 |
heyteaherm:it is not that easy, do you know what is written in most agreement forms now?.....no subletting,any tenant that sublets forfeit some priviledges!!!..if the landlord wants to really pursue their case,they will go!!!...people who sublet houses or squat should be wise!!!!..he should get a good lawyer or beg the landlord...even if they win the battle,the can never win the war..never!!!!! |
Re: Sudden One Month Quit Notice: Please We Need Advice On Solution by Kobicove(m): 7:37pm On Jul 14, 2017 |
Legally speaking I'm not sure you have a case because there is no subsisting agreement between you and the landlord even though the agent had Power of Attorney to let out the property I'm afraid you have to vacate his house Your best cause of action would be to appeal to him to give you more time; you may also consider giving him a written undertaking of your intention to vacate his property Making this a court case would only antagonize the landlord and strengthen his resolve to get you out within the shortest possible time 2 Likes |
Re: Sudden One Month Quit Notice: Please We Need Advice On Solution by moskey: 7:38pm On Jul 14, 2017 |
Take dis mata up to human rights. (CITIZENS MEDIATION CENTER) |
Re: Sudden One Month Quit Notice: Please We Need Advice On Solution by Nobody: 7:38pm On Jul 14, 2017 |
The Later Transfer The Property And The Occupant Cant Avoid Rentage Then You Rent Out The Remaining Property To Third Peson All This Without Landlord Conscent Well The Only Help You Can Get From Human Right Is For Them To Plead With Caretaker Not Landlord And Stand As A Surety For You People To Packout |
Re: Sudden One Month Quit Notice: Please We Need Advice On Solution by heyteaherm: 7:40pm On Jul 14, 2017 |
You are protected under the "The Law Of Agency" in respect to the caretaker action , the caretaker acted under the law of agency as the rightful authority to let or sublet the property. Irrespective of the landlord directive , the rightful authority was the caretaker, he/she acted as the agent of the house. There were verbal agreements in court that is acceptable as valid to validate a contract. There were receipts of payment. You are a valid tenant. |
Re: Sudden One Month Quit Notice: Please We Need Advice On Solution by Mup4life: 7:40pm On Jul 14, 2017 |
hatchy:your very funny, can you actually use a month to look for an apartment and get everything sorted out? The op did not claim he is not moving out instead he is asking for time. |
Re: Sudden One Month Quit Notice: Please We Need Advice On Solution by Badgers14: 7:46pm On Jul 14, 2017 |
bebe2: This was similar to the case you had one time right Based on humanitarian ground, I do pity people subletting because they couldn't afford the whole flat and all. But legally speaking anyone without a tenancy agreement will most likely loose a case like this. The case could turn from civil to criminal case in a blink of an eye. |
Re: Sudden One Month Quit Notice: Please We Need Advice On Solution by FTbomb(m): 7:52pm On Jul 14, 2017 |
nwaanambra1:you're either a wicked landlord or a sadistic caretaker. |
Re: Sudden One Month Quit Notice: Please We Need Advice On Solution by eagleeye2: 7:56pm On Jul 14, 2017 |
Crownofwealth:That is the main issue. If they want to do battle legally, Landlord will claim that he doesn't know them. Their best bet is to keep pleading with the Landlord and ASAP get a place to move. |
Re: Sudden One Month Quit Notice: Please We Need Advice On Solution by bolegs(m): 7:57pm On Jul 14, 2017 |
Contact me directly I might be able to help you . |
Re: Sudden One Month Quit Notice: Please We Need Advice On Solution by Holorunloseyi(m): 8:01pm On Jul 14, 2017 |
U only trying to be clean here ur subject & story conflict(1mnth & 2month) bt srry no way out u will hv to be evict. |
Re: Sudden One Month Quit Notice: Please We Need Advice On Solution by GeneralOjukwu: 8:02pm On Jul 14, 2017 |
okenwa: I love this comment.... Sorry to say this but I have had issues with Yoruba and Igbo tenants on such things. In Burkina Faso, Igbos are especially notorious for bringing in "brother" after brother all to cheat you out of your rent. The OP is doing very terrible things and yet wants to take the landlord to court for all the subletting under his nose. I like one quote up there " the case can turn from civil to criminal" in a blink of an eye. Sorry to take a tribal angle but I hate when one can't take one for your word and keep to agreements. ... |
Re: Sudden One Month Quit Notice: Please We Need Advice On Solution by donnyflex01(m): 8:02pm On Jul 14, 2017 |
Ur agreement isnt backed up by law.. and so u r not tenants under the law...u should vacate nd move somewhere new |
Re: Sudden One Month Quit Notice: Please We Need Advice On Solution by Nobody: 8:04pm On Jul 14, 2017 |
OP, You are not a tenant in that property as long as the tenancy agreement had no clause permitting sub-letting, you are not considered a tenant by law. You can be charged to court for trespassing. The fact that the rents were even paid in the care-takers name makes it even worse, as there is no contract between you and the landlord, neither is there any legally binding documents, by law, binding you to the landlord. You asked for suggestion, the only advise I have for you, is to beg the lady that the caretaker wanted to go and give him a wonderful bj ..lol and may be he can consider giving you guys some time. If the court Sheriff are coming, my advise is that you vacate before then, cos they might even stop you guys from moving any of your properties out of the premises based on court injunctions etc. You just have to make peace with the care-taker and the landlord, however you can. The reason is because you all are not tenants, you are squatters. |
Re: Sudden One Month Quit Notice: Please We Need Advice On Solution by sonnie10: 8:05pm On Jul 14, 2017 |
Badgers14: The criminal here would be landlord and his agent who received money from these innocent people under the pretense of providing them a peaceful place of aboard. They can't eat their bread and still have it. Did they ever state that the tenant cannot sublet? In the absence of tenancy agreement, the landlord should not assume that it is common sense- practice, not to sublet. If it was not stated, then it was not part of the deal. |
Re: Sudden One Month Quit Notice: Please We Need Advice On Solution by komols856: 8:07pm On Jul 14, 2017 |
bolegs:please how do i reach you. send your email or phone number to me. komols856@gmail.com |
Re: Sudden One Month Quit Notice: Please We Need Advice On Solution by Ablaws(m): 8:07pm On Jul 14, 2017 |
The caretaker is only blabbing. He can't eject you except by a court judgment and wouldn't get such until he takes out a writ against you and such a writ must also be served on you. As far as I know, you've got no problem. You deserve to be served the 6 months notice to quit and another 7 days notice. Failure to comply with the above will be fatal to his case. Cheers. Kindly contact babyboy4u01@yahoo.ca for further details. komols856: |
Re: Sudden One Month Quit Notice: Please We Need Advice On Solution by macphilip: 8:08pm On Jul 14, 2017 |
doughziay:And if he loses to the Landlord, would you pay for the damages? |
Re: Sudden One Month Quit Notice: Please We Need Advice On Solution by Nobody: 8:09pm On Jul 14, 2017 |
sonnie10: I do not think you understand the gravity of the offense of sub-letting someone's property. The OP and his gang of room mates are called squatters in English Language, and that itself is very illegal in the commercial real estate hemisphere. They can not win this legally, there is no way on Earth they can win this case. Do not mislead them. Morality has no place in law. |
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