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A Tenant Doesn't Want To Move Out After His House Rent Expires - Properties (5) - Nairaland

Nairaland Forum / Nairaland / General / Properties / A Tenant Doesn't Want To Move Out After His House Rent Expires (18378 Views)

Quit Notice To A Tenant / My Landlord Wants To Evict Me Before My Rent Expires / Will A Tenant Pay During His 3 Or 6 Months Quit Notice? (2) (3) (4)

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Re: A Tenant Doesn't Want To Move Out After His House Rent Expires by onuman: 7:07pm On Jan 10
Dtruthspeaker:


Stop giving bad advice. It is 90% illegal

..but it's legal for a tenant to occupy landlord's house without paying rents?
We know Nigeria's lawyers turn what is clear or natural into unclear and unnatural.

1 Like

Re: A Tenant Doesn't Want To Move Out After His House Rent Expires by t2luv1: 7:27pm On Jan 10
beyep:
Court n police will get order to remove the fella

Have you tried this before giving advice? Trust me don't get me started on this subject, Nigeria Police are as useless as a doorknob.

1 Like

Re: A Tenant Doesn't Want To Move Out After His House Rent Expires by jumpmasta(m): 7:28pm On Jan 10
Darlingme:

Someone that is threatened me with juju already. He has told me several times that I don't know who he is and what he can do diabolically.

He is already in breach of the tenancy agreement and right now he is an illegal . Go to court and get an order “Intent to recover possession “ . They will give him 7 days to vacate . Police and area boys can help you évict the clown once the days are over

1 Like 1 Share

Re: A Tenant Doesn't Want To Move Out After His House Rent Expires by omamokta: 7:29pm On Jan 10
Namaster:


It's NOT illegal to renovate your own house.
Give him a notice IF you like.

The reason he's DRAGGING your own house with you is because he expects you to act like a REASONABLE person.

Don't!

You will definitely go to police and court if you remove the roof. That’s burglary, follow the dictates of the law. Contact a lawyer asap
Re: A Tenant Doesn't Want To Move Out After His House Rent Expires by d142475: 7:30pm On Jan 10
Cut out all the amenities. If you have bore hole, remove the pumping machine and your disconnect the overhead tank. Disconnect electricity from the house (after all it’s your house), begin to mold blocks, bring sharp sand, laterites etc to the front of the house. Etc

2 Likes 1 Share

Re: A Tenant Doesn't Want To Move Out After His House Rent Expires by MT: 7:32pm On Jan 10
mmsen:


Will they be more effective and honest than the useless police?

Police is not useless in this context.

You cannot use a police to evict a tenant. That is a matter for the court to decide.

Some people egging you on to remove roof will create a bigger problem for you.

Hunter is about to become hunted.
Re: A Tenant Doesn't Want To Move Out After His House Rent Expires by t2luv1: 7:34pm On Jan 10
AKWATGOLD1:
This is very easy thing to do in Nigeria. Just engage someone to represent the stubborn Tenant in court and obtained ejection court order from the judge and present to him court sherriff with police instantly stubborn tenant properties will be fling out of your house then you have your peace.

All simple you will think now try and do this while you are over 15K kilometers from that yeye country.It is a fu*ked up country.
Re: A Tenant Doesn't Want To Move Out After His House Rent Expires by Timmy087(f): 7:35pm On Jan 10
Now where people get it confused is that by the Tenancy law 2011 of Lagos state which states that a yearly tenant is entitled to a 6 months notice but the essence of that notice is for the Landlord who wishes not to renew the tenant rent again therefore he must notify the tenant with a Notice to quit, but note that the quit notice must not be before the expiration of the Rent.
In cases where the tenant fails to acknowledge the notice, it serves as a prerequisite for initiating legal proceedings for recovery of the premises in a court of law.

But note that a tenancy agreements supersedes even the law, that is why it is very essential to prepare a tenancy agreement, if the tenancy agreement states no notice ought to be given at the expiration of the tenancy , the law recognizes it because tenancy is like a contractual relationship between the landlord and tenant.

But Instances Where Notice to Quit Might Be Unnecessary are :

1.Rent Arrears of Six Months : for a monthly tenant
2. Rent Arrears of One Year: For quarterly or half-yearly tenancies
3. Lapse of Fixed Tenancy: In cases of fixed-term tenancies that have already terminated by effluxion of time

Therefore in the above scenario since the fixed tenancy has already lapsed you can only issue a Seven day notice of owner’s intention to recover possession.

After that you head to court for an action, you cannot use self help or else the tenant can also sue you for damages

1 Like

Re: A Tenant Doesn't Want To Move Out After His House Rent Expires by demoBaba: 7:36pm On Jan 10
Darlingme:
I don't know. But that what he said

Law didn't say tenant should stay for free even for a day...when his tenancy expired, he can't enjoy 6 months notice to quit again, but 7 days notice to recovery your property.

Why can't you make the notice to recovery your property official by writing him and paste copy at his door.

2 Likes

Re: A Tenant Doesn't Want To Move Out After His House Rent Expires by sterlingD(m): 7:48pm On Jan 10
Go to the rent tribunal meet the magistrate with all the evidence of lettes you have served the tenant explain everything and the rent tribunal will take it up to enforce the law pertaining to the situation you are facing with the said tenant .
Re: A Tenant Doesn't Want To Move Out After His House Rent Expires by 2cribz: 7:52pm On Jan 10
Wich dirty police. Police sef no go answer am.quit notice then u come donanother 6months.i had a tenant like that.he refusedto leave after 2months.i started with water,then light,then i changed the padlocks,he broke them,the folowing 2 days i called my fav thugs.he moved out after 2days and broke coconut.i kuku piss on top am,cancel any shit he did.
Eagleways:
what if you remove the roof and he breaks the ceiling by the corner, calls the police on you that the carpenters you brought to remove the roof just made away with his #800k ?

You will definitely be paying for his next apartment because of the senseless advices some fellows are giving you here

1 Like

Re: A Tenant Doesn't Want To Move Out After His House Rent Expires by spencekat(m): 7:52pm On Jan 10
Dtruthspeaker:


You have to have strength ooo. That is what it means to be a landlord.

Is it not strength you are going to use to be wicked? So why not even use it the reasonable and lawful proper way?

Get a Lawyer.

👍
Re: A Tenant Doesn't Want To Move Out After His House Rent Expires by Bigmouth3: 7:52pm On Jan 10
Darlingme:
Have you ever had an experience of a tenant who has refused to evict a house even after the rent expiration?

Despite all the notifications and reminders?
Someone you told a year before and you kept on reminding him.

What's the best option for such a tenant who is threatened you the house owner that he is free to stay for another period of 6 month after his rent expiration, claiming he is yet to find another house to move to. according to Nigeria law.

He has stayed for free for three months already.

What would you advise?
Easy thing ,call carpenter ,remove the doors and windows. Him go move by himself
Re: A Tenant Doesn't Want To Move Out After His House Rent Expires by Blackdisciple(m): 8:00pm On Jan 10
Tell him to renew his rent simple
Re: A Tenant Doesn't Want To Move Out After His House Rent Expires by ArcSEMPECJ(m): 8:02pm On Jan 10
Darlingme:
Have you ever had an experience of a tenant who has refused to evict a house even after the rent expiration?

Despite all the notifications and reminders?
Someone you told a year before and you kept on reminding him.

What's the best option for such a tenant who is threatened you the house owner that he is free to stay for another period of 6 month after his rent expiration, claiming he is yet to find another house to move to. according to Nigeria law.

He has stayed for free for three months already.

What would you advise?

He is mad actually, which Nigerian law was he trying to quote
One can claim what he said if only one is given a quit notice and demanded to vacate immediately...
Always trying to quote the law upside down...

For you to have given the Dude a period of one year notice, what are you waiting for

Summon your lawyers for a court case and damages immediately....
Re: A Tenant Doesn't Want To Move Out After His House Rent Expires by Baamivic: 8:29pm On Jan 10
Darlingme:
I don't have strength for court and police right now.
Is like I'm going to act like a wicked person too
i will advise you not to do that for you not to regret your actions. Go to human rights at any nearest police.
Re: A Tenant Doesn't Want To Move Out After His House Rent Expires by abbey621(m): 8:38pm On Jan 10
essentialone1:


Sometimes you should be fast to learn, and slow to respond.

By statistics, who make more money in Nigeria, Businessmen or Landlords?

Do not just Talk. Learn to Think.

When Landlords get wealthy, it is not because they are Landlords, but because they are Businessmen.

Before you respond, if you must, first Think.

A Poor Landlord is an Abomination, but sadly, there are too many Poor Landlords in Nigeria.

Sometimes you Nairalanders think you're wise but are actually inept! All landlords are businessmen but not all businessmen are landlords, businessmen can fail or prosper depending on the nature of their business but landlords are dependent on one path but that's not even the main context here.

Not all land owners are landlords, real estate goes way beyond just being a landlord. Someone skilled at buying and selling lands, will never be poor in Nigeria, take it or leave it.......Nobody said anything about being solely dependant on tenants, you can buy land of 10 million in Ajah today and sell it for 20 million within 2 to 3 years in the same area, the probability of starting a business in 9ja now and realizing double of what you invested in 2 to 3 years is VERY LOW......,This is the statistics you should concern yourself with not the yeye one you cho cho cho about above!
Re: A Tenant Doesn't Want To Move Out After His House Rent Expires by greggng: 8:40pm On Jan 10
Due process is the key word here. Tenancy law has got a way of removing a tenant from accommodation. Pls remember the law tldeals with legal and moral aspect of every case . I have witnessed where a tenant spent lots of money in renovating an accommodation only to be asked to live after 6months . Put yourself on the shoes of such a tenant . However if you most quit your tenant you most get a lawyer to do that . He will be served all necessary notice...and if he fails to live approach the court to do the needful...do t take the law into your hands ...it will be madness for you to remove the roof or resort to self help ..it will backfire
Re: A Tenant Doesn't Want To Move Out After His House Rent Expires by Eagleways: 8:50pm On Jan 10
2cribz:
Wich dirty police. Police sef no go answer am.quit notice then u come donanother 6months.i had a tenant like that.he refusedto leave after 2months.i started with water,then light,then i changed the padlocks,he broke them,the folowing 2 days i called my fav thugs.he moved out after 2days and broke coconut.i kuku piss on top am,cancel any shit he did.
come to my Estate and try it and you will almost sell that your house to pull off the net
Re: A Tenant Doesn't Want To Move Out After His House Rent Expires by richkal(m): 8:56pm On Jan 10
Mathewrichard99:
Words of Wisdom. You are perfectly right. Most investment that would sustain you at old age makes little or no profit at all while acquiring them at your young age. Just like buying a large parcel of land or building a house for rent. If you look at the rents been paid to the value of the house and even maintenance, it's nothing to write home about.

The problem with most of us is INSTANT GRATIFICATION. We want to spend our money on investment and get it back 200% or more within shortest period of time.

This kind of mindset rob us off the huge gain on real estate in long haul. This makes us to develop myopic point of view.

A friend showed me the received of the entire cost of a storey building which his Father built in early 80s. The entire cost was about 7,200 Naira back then, which is Equivalent to present day 12 million Naira using Dollar Exchange rate.

Some rich people are negotiating that house for 20 million naira for complete acquisition. Assuming the Baba sold the house, he will have lots of cash in his account. All the rents (plus NEPA & Security) he has been collecting for the past 30 years will just be icing on the cake.

One of the excuses people gave is maintenance when it comes to building for rents. In reality, most landlords done give too much about maintenance.

I have seen houses going for many years with almost zero maintenance, yet their Landlords always increase the rent every year. If you can afford stay, if you can't pack out.

My ex-landlord is a Mobile police officer, he only send his caretaker to check on us around November every year. Of course, to remind us of another year house rent.😂

1 Like

Re: A Tenant Doesn't Want To Move Out After His House Rent Expires by essentialone1: 8:58pm On Jan 10
abbey621:


Sometimes you Nairalanders think you're wise but are actually inept! All landlords are businessmen but not all businessmen are landlords, businessmen can fail or prosper depending on the nature of their business but landlords are dependent on one path but that's not even the main context here.

Not all land owners are landlords, real estate goes way beyond just being a landlord. Someone skilled at buying and selling lands, will never be poor in Nigeria, take it or leave it.......Nobody said anything about being solely dependant on tenants, you can buy land of 10 million in Ajah today and sell it for 20 million within 2 to 3 years in the same area, the probability of starting a business in 9ja now and realizing double of what you invested in 2 to 3 years is VERY LOW......,This is the statistics you should concern yourself with not the yeye one you cho cho cho about above!

Ok
Re: A Tenant Doesn't Want To Move Out After His House Rent Expires by Berankis: 8:59pm On Jan 10
From the different responses you see here, you will have no doubts why Nigeria is such a country of lots of stupid people.
What tenancy law says is that a tenant will annual rent is entitled to 6months (paid) eviction notice, while one with biannual rent is entitled to 3months (paid) eviction notice.
Finally if the tenant fails to leave expiration of the eviction notice, then you can get a court injunction to evict such tenant.
Re: A Tenant Doesn't Want To Move Out After His House Rent Expires by harmargedon: 9:24pm On Jan 10
Darlingme:

Someone that is threatened me with juju already. He has told me several times that I don't know who he is and what he can do diabolically.

nah because hand never touch am, even em juju go run leave am😁😁😁😁😁😁😁. If he's broke and proud that's what I see as a problem. But it not unusual for a tenant to owe couple of months, but this dude is not willing to pay

1 Like

Re: A Tenant Doesn't Want To Move Out After His House Rent Expires by Truvelisback(m): 9:50pm On Jan 10
Darlingme:
Have you ever had an experience of a tenant who has refused to evict a house even after the rent expiration?

Despite all the notifications and reminders?
Someone you told a year before and you kept on reminding him.

What's the best option for such a tenant who is threatened you the house owner that he is free to stay for another period of 6 month after his rent expiration, claiming he is yet to find another house to move to. according to Nigeria law.

He has stayed for free for three months already.

What would you advise?
He won't quit until you give him a quit notice paper from a lawyer or a law court. You can't just throw him out like that. Get a lawyer and do that. He would leave when he notices that a lawyer or a court has been involved. Note: He would have to use another 6 month in the house 🏠. Sadly, the guy took advantage of your ignorance of the law.

1 Like

Re: A Tenant Doesn't Want To Move Out After His House Rent Expires by Asquare84(m): 10:01pm On Jan 10
essentialone1:
I will make this as short as possible

There is this tenant that we gave quit notice since 2018 because of inability to pay the house rent. Up till now he has not moved out, we handled the case legally and its still in court till now.

This is the 3rd year that the man and his family have stayed without paying 1 naira because of our poor judicial system, we are still hoping the court will eject them this year.

Now there is another tenant that is very close to the man's wife, she did not pay 2019 rent and she was given quit notice 6 months ago to leave before December 31st, up till now, nothing has happened, we think she wants us to open a legal case so that she can stay for some more years free of charge like her friend.

Please what can we do concerning the two tenant situations?

The house is situated in Lagos. Ayobo area to be specific

https://www.nairaland.com/5620441/how-eject-these-stubborn-tenants

Very easy, bribe the court register and bealif and see how those tenants property will be confiscated and kept in the open court until the pay for the years that the stay in your apartment without payment and the court will evict them within two weeks. Just ready to bribe court official and see magic.

2 Likes

Re: A Tenant Doesn't Want To Move Out After His House Rent Expires by jayce232: 10:21pm On Jan 10
essentialone1:
She keeps thinking about it daily and begin to get worried that it's not worth the stress building a house. These tenants are bunch of frustrating beings.

Is there a way to send those people out more quickly? Have you ever been in this situation and how did you handle it? What are the consequences of getting a court involved? Is there a better way of sorting this.
Honestly it's a sad situation
The bold is the position of most landlords
Even when u get tenants paying as at when due, returns on house investment is very little compared to money pumped in building it. Just very few landlords are lucky to have good tenants. I think investing in things like treasury bills is better than building. At least u have peace of mind & can get your money as at when due. She should get a good lawyer, not caretaker, tenants fear lawyers more. At least the presence of a lawyer will curtail their excesses to some extent.

2 Likes

Re: A Tenant Doesn't Want To Move Out After His House Rent Expires by jaymoney1(m): 10:50pm On Jan 10
Dealing with a stubborn tenant can be challenging, but by following these steps and seeking professional advice, you can recover possession of your property and minimize potential losses. Remember to stay calm, professional, and proactive throughout the process.

1 Like

Re: A Tenant Doesn't Want To Move Out After His House Rent Expires by histemple: 11:15pm On Jan 10
KaLuCh:


Absolutely true. However, a landlord's approach to handling an eviction would heavily depend on why they want the tenant gone.

In this case, I think the landlord has every right to use the law and force an eviction.

For whatever reason the landlord has decided to evict the tenant, the safest option is to use the law.

The law has a plethora of provisions to address issues between landlords and tenants in every state of the federation.

I always advise landlords against selfhelp or the use of force because, technically, the law protects the tenant more.

For example, even when a tenant refuses to pay or vacate the apartment, he still enjoys the protection of the law, to the extent that the law forbids the landlord from forcefully ejecting the tenant or denying him access to the said apartment.

But when such landlord approaches the court and judgment is given in his favor, then the court will handle the eviction and such tenant may lose heavily.
Re: A Tenant Doesn't Want To Move Out After His House Rent Expires by Fearurcreeator: 12:06am On Jan 11
Darlingme:

Someone that is threatened me with juju already. He has told me several times that I don't know who he is and what he can do diabolically.

Person you supposed light
Re: A Tenant Doesn't Want To Move Out After His House Rent Expires by Namigotalktru: 2:06am On Jan 11
Darlingme:
Have you ever had an experience of a tenant who has refused to evict a house even after the rent expiration?

Despite all the notifications and reminders?
Someone you told a year before and you kept on reminding him.

What's the best option for such a tenant who is threatened you the house owner that he is free to stay for another period of 6 month after his rent expiration, claiming he is yet to find another house to move to. according to Nigeria law.

He has stayed for free for three months already.

What would you advise?

Go there with boys change the locks and leave his things outside.

Go during work hours or very late at night.

You also have option of court process
Re: A Tenant Doesn't Want To Move Out After His House Rent Expires by bluefilm: 3:52am On Jan 11
Dogalmighty17:
Building a house for rent is most often the product of a dull and empty mind. It makes no sense tying down money that can be put into business with very quick potential for returns into building house for rent.
Yes it is a safe investment but the singular purpose of investment is to generate returns not to park capital idly.

You're so right

A house built today for rent purposes will only start yielding profit in 10 years time or more...

That is if you don't put the depreciation of currency into the equation
Re: A Tenant Doesn't Want To Move Out After His House Rent Expires by maureensylvia(f): 4:02am On Jan 11
Find a way to get him out of there
If he stays free for there for the next TEN YEARS, he has the right to claim ownership of the house in the court. Go and verify this

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