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Legal Rights Of A Rent Tenants And Some Unlawful Acts Often Done By Landlords - Properties (5) - Nairaland

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Re: Legal Rights Of A Rent Tenants And Some Unlawful Acts Often Done By Landlords by Nobody: 4:48pm On Jun 28, 2015
notttty:
Hmm pls I ve a case like this... My rent expired in April I asked the landlord to give me one month to take salary and complete the with the one I have and pay the rent. A week after we had this discussion the agent sent me a quit notice, being confidence of my ability to pay I ignored and two weeks later the landlord asked me to pay half so that it will enable me to look for another house which I comply and paid him 175k which is the supposed half think by November I will look for another house cos honestly I'm tired of the rules in the compound cos u can't come home past 10pm u will be locked out by the gateman and the dogs in the compound are very destructive as well.. They eat visitors shoes and can climb the burglary anytime to do one thing or the other.... So a week after I paid the half which is 175k I came back from the office and met a court notice on my door requesting I show up in court by July 6...at this point I lost it nd confront the landlord which he said he wants me out cos u threaten to kill his dogs but on the court notice he mention several lies including me not able to pay rent for the past year till date among few they mentioned there which futunately I have all my receipts and bank tellers of payment from the inception till date. Now am due to appear in court and I don't know how to go about it.. I need a lawyer and an advise.... I ve all the tellers of payment till this last one and audio recording of my calls with his agent and himself.. I think I ve enough evidence to pull tru... But my question is can u evict somebody that have an active rent.... Cos I'm confused...
The Lagos State Public affairs office is always interested in cases like this. I'll get their no tomorrow at work and send it to you. A lawyer would be assigned to you.
Re: Legal Rights Of A Rent Tenants And Some Unlawful Acts Often Done By Landlords by allanphash7(m): 4:50pm On Jun 28, 2015
Well i commend you for this act of yours and i want to beleive that you are a kind of landlord who doesnt depend only on the rent for feeding
Amusaopeyemi:


Haba. Calm down now.
One of my neighbours said he'll be leaving his flat soon and I gave him 3months FOC.
We landlords know the law, only hungry and jobless landlords behave one kind.

2 Likes

Re: Legal Rights Of A Rent Tenants And Some Unlawful Acts Often Done By Landlords by Nobody: 4:53pm On Jun 28, 2015
allanphash7:
Well i commend you for this act of yours and i want to believe that you are a kind of landlord who doesnt depend only on the rent for feeding
Yeaaa. But the money comes in handy sha. grin cheesy grin
Re: Legal Rights Of A Rent Tenants And Some Unlawful Acts Often Done By Landlords by wisdomguy4u(m): 4:56pm On Jun 28, 2015
younglawya:



Your Landlord is correct. However, you can fight it in court

He has no case . The landlord is correct
Re: Legal Rights Of A Rent Tenants And Some Unlawful Acts Often Done By Landlords by notttty(m): 4:58pm On Jun 28, 2015
Amusaopeyemi:

The Lagos State Public affairs office is always interested in cases like this. I'll get their no tomorrow at work and send it to you. A lawyer would be assigned to you.
thanks pls I will be expecting the number pls.. Thanks alot....
Re: Legal Rights Of A Rent Tenants And Some Unlawful Acts Often Done By Landlords by wisdomguy4u(m): 5:04pm On Jun 28, 2015
hahn:


My landlord gave me a quit notice this month citing the reason as being "long overdue renovation for which the materials are ready". I already paid my full year's rent in January and it's supposed to expire next year. What I really want to know is, is he supposed to return my rent ie from June till next year while I stay for the period of the 6 months quit notice or is the 6 months quit notice still part of my rent

I assume that from the moment he decided to give me the quit notice I'm no longer supposed to live under my rent but the duration of the quit notice.

When I asked him to give me my balance, he said that he will only give me on the condition that I leave on the same day or next of the refund


Notice to quit does not barr you from paying rent. You have no legal right to request from the landlord the refund of six months rent . The law does not in anyway protect a tenant who live freely in a landlord's house without the landlord's consent even if notice to quit has been issued
Re: Legal Rights Of A Rent Tenants And Some Unlawful Acts Often Done By Landlords by ewosk: 5:08pm On Jun 28, 2015
Some Landlords can b mischievous bt i.think this law needs to.b reviewed.it gives to much room for the tenant to hide in his obligations...haba six month notice dn the tenant can still go to court on the expiration of that to challenge why he wont move out...uhuru
Re: Legal Rights Of A Rent Tenants And Some Unlawful Acts Often Done By Landlords by Nobody: 5:12pm On Jun 28, 2015
notttty:
thanks pls I will be expecting the number pls.. Thanks alot....
I'll post it here before 8am tomorrow morning.
Re: Legal Rights Of A Rent Tenants And Some Unlawful Acts Often Done By Landlords by iykmon: 5:35pm On Jun 28, 2015
thanks for this information, making me more equipped legally.
Re: Legal Rights Of A Rent Tenants And Some Unlawful Acts Often Done By Landlords by walexsy(m): 5:37pm On Jun 28, 2015
Ogbeni,those rules only exist overseas not here in 9ji-ri-ya
Re: Legal Rights Of A Rent Tenants And Some Unlawful Acts Often Done By Landlords by dafemnet: 5:38pm On Jun 28, 2015
Quit Notice does not mean Rent free,you will still pay your rent while the quit notice is existing.Dont let anyone deceive you.
Re: Legal Rights Of A Rent Tenants And Some Unlawful Acts Often Done By Landlords by hahn(m): 5:40pm On Jun 28, 2015
wisdomguy4u:



Notice to quit does not barr you from paying rent. You have no legal right to request from the landlord the refund of six months rent . The law does not in anyway protect a tenant who live freely in a landlord's house without the landlord's consent even if notice to quit has been issued

Ok. Thanks
Re: Legal Rights Of A Rent Tenants And Some Unlawful Acts Often Done By Landlords by Nobody: 5:53pm On Jun 28, 2015
@op do not try to fight a typical yoruba landlord over his property else you would not be alive to even attend to that court case you are taking about. That is why I like benin city landlord, if you don't leave when they ask you to leave then be prepare to face the consequence. No be only enough notice
Re: Legal Rights Of A Rent Tenants And Some Unlawful Acts Often Done By Landlords by Nobody: 5:56pm On Jun 28, 2015
younglawya:
Most tenants Don't know their rights in Nigeria. The summary of the process in eviction of a tenant from the landlords property is

1. Provision of a 6 month quit notice( applicable for a yearly tenant)

2. After that, if the tenant refuses to leave the premises, the landlord issues a 7 days Notice of owners intention to recover posession.

3. If the tenant refuses to leave, the landlord goes to court and issues a Writ for recovery of premises. This writ has to be served on the Tenant. The tenant thus has to go to court.


THIS PROCEDURE TAKES ALMOST A YEAR.

If any landlord does not follow this procedure he will be in trouble with the Law.

For more Information I can be reached on 07037836881 or 2bc42c35



Please I'm a landlord and I want to increase my house rent, how will I go about it please?
Re: Legal Rights Of A Rent Tenants And Some Unlawful Acts Often Done By Landlords by Nobody: 6:07pm On Jun 28, 2015
I'm a landlord and I want to increase the rent of my house, please how will I go about it? Should I call a meeting or something?



Please advice

1 Like 1 Share

Re: Legal Rights Of A Rent Tenants And Some Unlawful Acts Often Done By Landlords by Joeadamxx(m): 6:08pm On Jun 28, 2015
Obviously, most of the contributors here are tenants and not Landlords hence the Landlord bashing.
I was a tenant between 2001 - 2005 in Lagos and a Landlord by the grace of God since 2011.
My experience as a landlord is that some tenants come into houses with this "I know my rights" attitude without thinking or trying to know their responsibilities, like informing landlord they wish to extend their residency 3 months before expiry, landlord has the right to inspect the interior of his property at any time as long as prior notice is given, tenants needed to conform to the agreement signed. One tenant chose to sublet a portion of my property saying he has the right to (crazy, ehn), he will park his car far off even with ample parking and a personal garage available and insist on using Keke Napep or Okada to drive him into the compound. Of course, I gave him notice 4 months after he moved in!
The lesson here is don't rent a house with the belief that the landlord is a monster as newly married girls think of their mother in laws and you will be surprised that the landlord will be your best friend!

1 Like 1 Share

Re: Legal Rights Of A Rent Tenants And Some Unlawful Acts Often Done By Landlords by adadadon(m): 6:36pm On Jun 28, 2015
eagleeye2:

When you put in such provision, it will be clearly stated that the TENANCY AGREEMENT supersedes all other previous laws. That is how I operate. Ask any lawyer.
[size=16pt]That agreement would become Null and Void to the extent of its inconsistency with the law [/size]
The court would gladly rule in favor of the tenant
Re: Legal Rights Of A Rent Tenants And Some Unlawful Acts Often Done By Landlords by adadadon(m): 6:38pm On Jun 28, 2015
HeartRobber:
I'm a landlord and I want to increase the rent of my house, please how will I go about it? Should I call a meeting or something?



Please advice
Give them notice of intention to increase rent and organize a meeting 2 weeks after

1 Like

Re: Legal Rights Of A Rent Tenants And Some Unlawful Acts Often Done By Landlords by MaziOmenuko: 6:43pm On Jun 28, 2015
hahn:


From your second paragraph, it easy to see that you are probably a landlord as well and you seem to take delight in taking advantage of your tenants. Just remember that when you have kids they will also become tenants in someone else's house.

inasmuch as I collect rent, I'm still a tenant in someone else's house here at Lagos; I don't owe rent. I have a tenant that has refused to pay rent since this year (6months now) and has bluntly told my barrister to give him a quit notice if he can't have patience. Now this tenant obvious knows what the law stipulates and most likely wants to take advantage of the 6months duration, add that to the 6monnths he has stayed and move out at the end of the year without paying rent.

So when people try to demonize landlords, I don't seem to get it. Some tenants are just devil in human clothing.

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Re: Legal Rights Of A Rent Tenants And Some Unlawful Acts Often Done By Landlords by eagleeye2: 6:49pm On Jun 28, 2015
adadadon:

[size=16pt]That agreement would become Null and Void to the extent of its inconsistency with the law [/size]
The court would gladly rule in favor of the tenant
Inconsistent with which other law?......
Tenancy agreement is a contract and both parties voluntarily signed it.
U will give an analogy, Slave Trade has been abolished. But if you voluntarily sign a contract that cedes your human rights to another, what will the Law do for you?
If it were against the Law, do you think it will be a common occurrence among property lawyers? The law is an ass, and some actually knows how to ride it.
Re: Legal Rights Of A Rent Tenants And Some Unlawful Acts Often Done By Landlords by hahn(m): 6:54pm On Jun 28, 2015
MaziOmenuko:


inasmuch as I collect rent, I'm still a tenant in someone else's house here at Lagos; I don't owe rent. I have a tenant that has refused to pay rent since this year (6months now) and has bluntly told my barrister to give him a quit notice if he can't have patience. Now this tenant obvious knows what the law stipulates and most likely wants to take advantage of the 6months duration, add that to the 6monnths he has stayed and move out at the end of the year without paying rent.

So when people try to demonize landlords, I don't seem to get it. Some tenants are just devil in human clothing.

I agree with you. I have a friend whose mom has a client that has been owing 2 years rent and walked the woman out of the apartment and another one who was owing a year's rent but travelled and locked the house with all his stuff in it for more than 2 years now. Some tenants can be mean so I understand where yourming from.

Some lanlords can be mean as well. Its a two way thing I guess. My landlord is just plain silly. I still regret renewing my rent because at the time he was still pretending to be nice but now he's just being plain annoying. And we've settled our issue. I just needed advice in case I'm ever in that kind of situation again
Re: Legal Rights Of A Rent Tenants And Some Unlawful Acts Often Done By Landlords by eagleeye2: 6:58pm On Jun 28, 2015
adadadon:

sorry but putting such an agreement will still be void bearing the fact that it contravenes and disregards the provisions of the tenancy law.
and the six months tenancy notice will still be binding. A mere agreement cannot supersede a law unless the law states otherwise
The words at every correctly drafted tenancy agreement is that it is signed by both parties out of their own freewill. I have consulted on this very issue, and I can actually tell you that it doesn't contravene any other law, since both parties freely entered the Contract.
The landlords lawyer will argue his case based on the "free will" with which the tenant entered into contract with the landlord. He was not coarsed into signing the Contract, having read the clause that states ONE MONTH and the tenancy will be determined.

1 Like

Re: Legal Rights Of A Rent Tenants And Some Unlawful Acts Often Done By Landlords by professore(m): 7:01pm On Jun 28, 2015
This is very informative
Re: Legal Rights Of A Rent Tenants And Some Unlawful Acts Often Done By Landlords by eagleeye2: 7:06pm On Jun 28, 2015
Joeadamxx:
Obviously, most of the contributors here are tenants and not Landlords hence the Landlord bashing.
I was a tenant between 2001 - 2005 in Lagos and a Landlord by the grace of God since 2011.
My experience as a landlord is that some tenants come into houses with this "I know my rights" attitude without thinking or trying to know their responsibilities, like informing landlord they wish to extend their residency 3 months before expiry, landlord has the right to inspect the interior of his property at any time as long as prior notice is given, tenants needed to conform to the agreement signed. One tenant chose to sublet a portion of my property saying he has the right to (crazy, ehn), he will park his car far off even with ample parking and a personal garage available and insist on using Keke Napep or Okada to drive him into the compound. Of course, I gave him notice 4 months after he moved in!
The lesson here is don't rent a house with the belief that the landlord is a monster as newly married girls think of their mother in laws and you will be surprised that the landlord will be your best friend!
Thank you my brother. Some of them tenants don't even read the tenancy agreement, because they in a rush to secure the apartment.
How can you sublet anothers property? Some tenants are just plain silly. Why will a Clause state that you have to give the landlord 3 months notice before the expiration of your last paid rent if you wish to renew your tenancy and you ignore it, maybe because the landlord has not asked. That is simply setting yourself up for future problem should incase the landlord wants to quit you.
Re: Legal Rights Of A Rent Tenants And Some Unlawful Acts Often Done By Landlords by anibo2(m): 7:08pm On Jun 28, 2015
Exactly the idea I shared with my co- tenants. Thanks boss, I appreciate it
wisdomguy4u:


Then I suggest you guys should deduct her Nepa bill from the house rent. She has no legal ground to force you guys pay her Nepa bill
Re: Legal Rights Of A Rent Tenants And Some Unlawful Acts Often Done By Landlords by younglawya(m): 7:22pm On Jun 28, 2015
HeartRobber:




Please I'm a landlord and I want to increase my house rent, how will I go about it please?

Issue a quit notice. When they come to beg, write them a letter increasing the rent
Re: Legal Rights Of A Rent Tenants And Some Unlawful Acts Often Done By Landlords by younglawya(m): 7:24pm On Jun 28, 2015
eagleeye2:

The words at every correctly drafted tenancy agreement is that it is signed by both parties out of their own freewill. I have consulted on this very issue, and I can actually tell you that it doesn't contravene any other law, since both parties freely entered the Contract.
The landlords lawyer will argue his case based on the "free will" with which the tenant entered into contract with the landlord. He was not coarsed into signing the Contract, having read the clause that states ONE MONTH and the tenancy will be determined.


I agree with adadon. I don't think you can contract out of an express provision of the law

1 Like

Re: Legal Rights Of A Rent Tenants And Some Unlawful Acts Often Done By Landlords by noblegrex: 7:30pm On Jun 28, 2015
Nigeria is a country of anything goes. People r so used to huslting. No b samll thing oo, For niger.
Re: Legal Rights Of A Rent Tenants And Some Unlawful Acts Often Done By Landlords by Nobody: 7:37pm On Jun 28, 2015
younglawya:


Issue a quit notice. When they come to beg, write them a letter increasing the rent




Thank you.



But how should I write it? Can you help, please am serious. Help
Re: Legal Rights Of A Rent Tenants And Some Unlawful Acts Often Done By Landlords by josite: 7:44pm On Jun 28, 2015
notttty:
Hmm pls I ve a case like this... My rent expired in April I asked the landlord to give me one month to take salary and complete the with the one I have and pay the rent. A week after we had this discussion the agent sent me a quit notice, being confidence of my ability to pay I ignored and two weeks later the landlord asked me to pay half so that it will enable me to look for another house which I comply and paid him 175k which is the supposed half think by November I will look for another house cos honestly I'm tired of the rules in the compound cos u can't come home past 10pm u will be locked out by the gateman and the dogs in the compound are very destructive as well.. They eat visitors shoes and can climb the burglary anytime to do one thing or the other.... So a week after I paid the half which is 175k I came back from the office and met a court notice on my door requesting I show up in court by July 6...at this point I lost it nd confront the landlord which he said he wants me out cos u threaten to kill his dogs but on the court notice he mention several lies including me not able to pay rent for the past year till date among few they mentioned there which futunately I have all my receipts and bank tellers of payment from the inception till date. Now am due to appear in court and I don't know how to go about it.. I need a lawyer and an advise.... I ve all the tellers of payment till this last one and audio recording of my calls with his agent and himself.. I think I ve enough evidence to pull tru... But my question is can u evict somebody that have an active rent.... Cos I'm confused...


the landlord collection of 6months from you entitles you to be on that premises till November and no court notice can change that,u just go to court and inform the court on exactly what transpired ,there is nothing to fear ,just be truthful in courtroom.im a lawyer but im not available.and you can tell the judge u cant afford a lawyer and will want to defend yourself.THE JUDGE will allow you.i repeat collecting the 6months from you entitles you to stay on but the landlord may claim you are the one who is unable to pay the full rent and therefore he is ejecting u.but the fact that it didnt refuse the 6months works in your favour.all the best.
Re: Legal Rights Of A Rent Tenants And Some Unlawful Acts Often Done By Landlords by yorubaboiy: 7:49pm On Jun 28, 2015
Seemyfather:


Lolz! Oboy this your story get as e be ooooooo. Can't just stop laughing ni sha!
bro just pray u dont come across such pple...........d nepa bill alone almost gave my step mom heart attack.........dont worry nw......we will be sending them out by force i take the the pic of everything that will happen on that day.....i will upload it here on nairaland so u can c for urself.....
Re: Legal Rights Of A Rent Tenants And Some Unlawful Acts Often Done By Landlords by yorubaboiy: 7:53pm On Jun 28, 2015
HeartRobber:
I'm a landlord and I want to increase the rent of my house, please how will I go about it? Should I call a meeting or something?



Please advice
send a letter....or call a meeting
send a letter first cause it will surely end up as a meeting

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