PearlStreet:


There are two things involved. Either way, you spend money.

Legally, they are entitled to six months quit notice. If in breach of that or the notice is improperly drafted, the client would stay in your house for free till the landlord's legal team get their acts together to evict him.

There is the 'other' way too. This costs money, but is faster. This was what the FG used to eject tenants at FG properties on the island durin the monetization era.

Inform your tenants of your plan to repossess your property for renovation purposes but give them some time to leave.
The most stubborn of the tenants should be treated as described below. The others would quickly leave.

At the agreed time, get some boys to do the eviction for you. Get some soldiers on standby to monitor the situation. But before that, go to the nearest police station to 'inform' them ($£).
Once the tenants on the property hv been cleared, get a carpenter to either remove the doors or change the locks.
Then, warn the tenants that anyone found on the property would be treated as thief.

Say I'm breaking the law, but even the FG toed the same line. After all, the Court can't say the tenant should go back to my house.

Barristerlaw:
Simple steps to write your will without a lawyer
Writing a will is not a rocket science, therefore, anybody who follows this article and understands it will be able to write his own will without stress. T his article intends to explain the procedure of writing a valid will in Nigeria with reference to the testator, content, the beneficiaries and forms of writing it . It is also the intent of the writer of this article to arouse awareness in people about the inevitability of death and the need to write one ’ s will before death comes knocking to avoid using the properties against the intent of the owner of the properties.

WHAT IS A WILL?
A will is an instrument by which a person makes disposition of his real estate and personal property, to take effect after his death. A will could be revoked or amended by the maker during his life time as many times as he wishes. The one who writes a Will is known in law as a Testator .
T he LAST WILL and TESTAMENT is the last will made by the testator before his demise. The last will revoke s the previous will. The need to revoke a previous will and make a new one usually occurs where the testator intends to change the way his property should be distributed after his death. Where the testator intends to add some things to the will he might just prepare an addendum called codicil.
A Will states what will happen to the testator’s assets after his death. This includes, but is not limited to, your estate, property, possessions, money and children. The consequences of not having a will are quite serious .
A Statutory Will is one made in accordance with the provisions of the relevant statutes in force. Some of the relevant laws governing Will in Nigeria include the Wills Act 1837, Wills Act Amendment Act 1852, Wills Law of Lagos State etc.

THE REQUIREMENTS OF A VALID WILL IN NIGERIA
1 ) A Will must be in writing by virtue of the provision of Section 9 of the Wills Act. The essence of the requirement of a will to be in writing is to prevent fraud. You can also find this provision in section 4 of the Wills Law of Lagos State which also requires a will to be in writing .

2 ) . Testamentary Capacity
The maker of the will must also have testamentary capacity both at the time of giving the instructions to write his will and the time of the execution (signing) of the will for the will to be valid in Nigeria. Testamentary capacity means mental competence to make a will. The testator must also understand that he is making a will, know the nature and extent of his property and be able to recall the people who might be expected to benefit from his estate. These are necessary and incidental to ascertain whether or not the testator was of a sound mind, memory and understanding at the time of making the will.

3 ) . Everybody of age Can Make a Will
Every adult person may make will in English form. The momen t a person is of age and has properties both real and personal to pass to a fa vored and preferred beneficiary, then he is qualified to write a Will. The age of adulthood is a matter of law provided in the Will Law applicable to the testator’s place of domicile . S ection 3 of the Wills Act provides that “It shall be lawful for every person to devise, bequeath, all properties or dispose of, by his Will executed in manner hereinafter required, all real estate and all personal estate which he shall be entitled to, either at law or in equity, at the time of his death, and which, if not so devised, bequeathed or disposed of, would devolve upon the heir at law…”. This simply means that every person can make a will and bequeath all property whether real estate (landed property) or personal estate (chattels or goods) to anybody after certain c ondition precedents are met.

5 ). For the will to be valid in Nigeria, It m ust be signed by the maker in the presence of at least two witnesses . Signature for this purpose may be a cross, an initial, rubber stamp or a name or signature. A thumb print can also be accepted. Where an illiterate executes a Will, an attestation clause called illiterate jurat should be inserted asserting that the contents of the Will had first been read over to the illiterate Testator who appeared perfectly to understand and approve of same. Same applies to a blind person.

6 ) The signature of the Testator may be acknowledged. As alternative to signing his signature, the Testator can acknowledge his signature and the law allows it and regards it as valid provided that other conditions are met.

7 )The position of the signature must be at the end of all the disposition such as to ensure that the Testator intends to give effect to the W ill with his signature. It is to be noted that a ny disposition or directive coming after a signatu re will be null and void.

8 ) The Will must be signed by the Testator or someone else in his presence and at his direction (or acknowledged by the Testator) in the presence of at least two witnesses present at the same time. In the presence of witnesses, means actual visual presence of two of the witnesses. It is a strict rule that must be complied with, else the Will will be voided. On no account should the witnesses attest to what they have not seen or witnessed. Therefore , they must see the Testator sign his signature or acknowledge his signature. The witnesses must see the signature before their own attestation.
9) A testator can make changes in his will while he is alive through a mini-will called codicil. Codicils is annexed to or supplemental to or related to a Will previously executed. Codicil is necessary to achieve some or all of the following:
- To correct the previous Will
- To take care of newly acquired properties
- To correct a clerical error in the previous will
- To replace or appoint new executors.
In conclusion, e ven though there is no rule that prescribes that ‘will’ must be prepared by a lawyer, It is our candid advice that anyone who intends t o write a Will should consult a lawyer who is skillful in the act of writing of a Will so that the ‘will’ will conform with the requirements of validity and also ensure that the Will is deposited at the appropriate Probate Registry in the State because a probate is made after all the requirements of a valid will is satisfied.

lastpage:

Please let me chip in this: You CANNOT USE a tenants "contract period" as "Quit Notice" period.
What do l mean?
Lets assume Tenant has paid for a full year, January to December. Within those period, he is in a valid "Lease Contract" with you. He MUST enjoy that ONE YEAR without disturbance, that is the law. You cannot be "in contract" with a Tenant (jan - Dec) and then issue a Notice mid-way (July to December), The Tenant will simply ignore your notice 'cos it is INVALID.
Your Notice can only be effective AFTER the contract has lapsed, i.e from January the following Year.
Furthermore, After the six months and he refuses to leave, you will issue One Month, after one month, you will issue 7days , if he still refuses to leave, you will apply to the courts to recover your premises.
This is when "conditions" to recover premises will come-in. See Below.


Your "iron-clad" contract can be unenforceable, if it is "illegal" a-priori!
How cn you collect money for one year and make the Tenant sign (he will say under duress, mind you) a contract of eviction just six months into the contract? Its Null and Void ab-initio joor!

If the One year finishes and teh Tenant does not pay or renew his tenancy, after three Months, his Tenancy is "Determined at law" and he is entitled to only 7days Notice, after which you head to court for recovery.

If you are the one that is refusing to collect payment (on the basis that you have served him a quit notice)then this condition does not apply since he will simply go to "mediation centre" to inform them that he is trying to pay his Landlord and he is refusing to collect money. They will invite Landlord for "discussions" and would serve as witness in court, if need be, to show that you are the one who refused rent.

Assuming you gave valid notice (6, 1month and 7days) and he refuse to leave.
You will argue in court that you need the flat for your son or personal use. This is a very valid argument. Others like renovation are difficult to prove.
If court upholds your argument, they will still ask the Tenant "when he can reasonably move out". He will ask for another 3months!

At the end, he would move out but he will pay all outstanding rent sha.
If he does not move out after that, court will order Bailiffs to move him out.

Please, dont ever do "self help" as a lot of people are suggesting here, especially in Lagos. I have seen a few Landlords get jail time for this, of recent. Things have changed so much and the era of "jankara Judgement" seems to be over. You cant even do the "impersonation" scam of hose years anymore now. Courts are wiser, tenants are smarter and rules are stricter! I hate to see a Landlord jailed by a tenant for issues like this!
Any tenant that sublets your house is just silly because you can actually lock the house and direct the "new squatter" to deal with it, with he former tenant who sub-letted the place. Its not your headache, its between the two of them. No 'squatter' can sue you for a full year's rent since it is in the rent agreement that the house cannot be sub-let. Simples.
I hope my contribution was useful to somebody.

Lastpage!

cliveland:
two question comes 2 my mind here, cos am lawyer myself...

1. its either you are too smart for your lawyer and has left u to you doom

2. you dont want pay he's fees to complete his job if you actually got a lawyer to issue the previous notices as claimed or just dont like paying professional fees as most naija dont and now looking for shortcuts to heaven.

so you intend achieving what you could not do in 2 years in 2 months smooth sailing i wish u.

because im sure if your lawyer knows his/her biz as i guess he/she should, ejecting tenants should not cos world war III, if all the requisite things are dont in time and properly, cos its 1 thing to do them and anoda to do them well. Jankara justice can neva help though, am sure u probably dont think the tenant is a foool.

my 5k advise.

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AkaChizzy:

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