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Legal Rights Of A Rent Tenants And Some Unlawful Acts Often Done By Landlords - Properties (6) - Nairaland

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Re: Legal Rights Of A Rent Tenants And Some Unlawful Acts Often Done By Landlords by Ryabcool(m): 7:53pm On Jun 28, 2015
wisdomguy4u:


If you observe carefully, you will see that those babas does not care about these laws only when dealing with illiterates and ignorant tenant, when they encounter an enlighten tenant, they trade with care. If not they might be made to pay damages for the rest of their life.
lmao those baba dey do jazz o. It's best to just avoid them
Re: Legal Rights Of A Rent Tenants And Some Unlawful Acts Often Done By Landlords by greenalwaz: 7:55pm On Jun 28, 2015
wisdomguy4u:
It's a known fact that most people are not learned in terms of their legal rights as regard to tenancy, this has given some landlords(rent lawyers) the onus to act in such a reckless and unlawful ways toward their tenants without any fear of percussion. You can only defend your right when you know you have a right.

This are some unlawful acts often perpetrated by landlords towards their ignorant tenants:

1. Inadequate eviction: Locking out tenants, and physically throwing them of their property or assaulting him for his inability to pay rent at when due. Only the court can order and carry out the eviction of tenants, it's a legal wrong for a landlord or a rent lawyer to in anyway evict a tenants without an adequate court process. A tenant when unable to pay rent as at when due, is still a lawful tenant and must be treated with respect. A tenant who is inadequately evict due to inability to pay rent ,has a legal right to sue the landlord for damages.

2. Inadequate notice to quit: The duration of time for which the notice to quit will expire is determine by the kind of tenancy relationship existing between the tenant and it's landlord. The landlord has no right to quit the tenant anytime he likes .
* where the tenant pays monthly: the law requires that he is entitled to full one month notice.
* where the tenant pays every six months: he will be entitled to a full three months notice.
* where the tenant pays yearly: he will be entitled to six months notice.

Any notice short of the above stipulated notices is unlawful and gives the tenant right to sue for unlawful eviction.

3. Interference in the tenant privacy: The landlord has no right to walk into the tenant's apartment or make use of any of his property without an express permission from the tenant. The tenant is by law in exclusive possession and can sue his landlord for trespass if the landlord comes into his apartment without his permission. The landlord has no legal right to decide who visit his tenant unless the visitors constitute a nuisance to other tenants.

4. Inhabitable condition of the premises: it's an implied term of tenancy agreement that a landlord who let a building out must ensure that the building is in good condition. Where a tenant after paying rent, discovers that the house is not in a habitable condition, he has a legal right to sue the landlord for refund of rent and adequate compensate for the inconveniences he caused him. There are many cases where a tenant park into a house during the dry season, and when raining season comes, the house gets flooded, or the roof leaks or any other unbearable inconvenience .

5. Repairs of premises: The landlord has no right to compare his tenant to carry out all repairs in the premises. It's the duty of the landlord to carry out major (external and structural) repairs like damaged roof , cracked or collapse walls e.t.c . while the tenant carry out minors (interior)repairs like damage doors, window, sockets e.t.c


Note: However this tenancy right is sometimes varied by landlords in the agreement between them and their tenants , Where the tenant ignorantly waves any of his right in a Tenancy Agreement, he is bound by it. This is why you are advise to read and understand the Tenancy Agreement before you attest your signature on it.
Ok
Re: Legal Rights Of A Rent Tenants And Some Unlawful Acts Often Done By Landlords by eagleeye2: 8:15pm On Jun 28, 2015
younglawya:



I agree with adadon. I don't think you can contract out of an express provision of the law
Maybe we should all talk to a property lawyer, I mean guys who have been in court for things like this. because I will like to "i stand corrected until proven otherwise".
Re: Legal Rights Of A Rent Tenants And Some Unlawful Acts Often Done By Landlords by LKO(m): 8:31pm On Jun 28, 2015
A yearly tenant who has stayed in an apartment for six months without payment, has already used up his six months quit notice. The landlord can begin processes to recover his premises at d law court, d court would not give him another six months notice to quit.
Re: Legal Rights Of A Rent Tenants And Some Unlawful Acts Often Done By Landlords by LKO(m): 8:40pm 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


This issue is very controversial. I have a book on tenancy law written by a judge in d Delta State judiciary who has practiced as a lawyer for over fiften years. The author wrote extensively on dis subject and he averred, dat as much as d tenant accept dis clause in d tenancy agreement, he has willingly waved his right of a six months notice as a yealy tenant. He made references to some court pronouncement to support his claim.

My dad has being using the three months quit notice in his tenancy agreement for over ten years, and this tenancy agreement was drafted by his personal lawyer who knows his onus.
Re: Legal Rights Of A Rent Tenants And Some Unlawful Acts Often Done By Landlords by adadadon(m): 8:41pm On Jun 28, 2015
LKO:


This issue is very controversial. I have a book on tenancy law written by a judge in d Delta State judiciary who has practiced as a lawyer for over fiften years. The author wrote extensively on dis subject and he averred, dat as much as d tenant accept dis clause in d tenancy agreement, he has willingly waved his right of a six months notice as a yealy tenant. He made references to some court pronouncement to support his claim.

My dad has being using the three months quit notice in his tenancy agreement for over ten years, and this tenancy agreement was drafted by his personal lawyer who knows his onus.
i stay in lagos and the lagos state revised tenancy law is different from those of other states

1 Like

Re: Legal Rights Of A Rent Tenants And Some Unlawful Acts Often Done By Landlords by otiigba1(m): 8:43pm On Jun 28, 2015
Op is right,then again i do not have any problem with my tenants, as long as they are happy am happy, wait o! Op you told tenant about their rights but you forgot to tell them that suing their landlords cost a lot of money too, i believe it will be much better for a tenant to compromise with his landlord instead of going to court co's courts and lawyers are not cheap plus time wasted attending court hearing tongue any of my tenant who decides to sue me, well..think twice before
Re: Legal Rights Of A Rent Tenants And Some Unlawful Acts Often Done By Landlords by kkon(m): 8:45pm On Jun 28, 2015
younglawya:



It is Legal. My Thinking is that the landlord does it to encourage the tenant to pay his next rent or with the aim of increasing it.


how about in a situation where the tenant who is a yearly tenant pays 6month rent at the expiration of his rent. Is it legal for the landlord to serve him quit notice on the 6months he paid. Or after the 6months. In such case what can the tenant do within the ambits of the law. Tnks
Re: Legal Rights Of A Rent Tenants And Some Unlawful Acts Often Done By Landlords by adadadon(m): 8:49pm On Jun 28, 2015
eagleeye2:

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.
That is a different scenario, how about this you sign an agreement that someone should kill you. The person kills you, wake up from the dead and tell the police that you signed an agreement that you should be killed by so and so or show black on white expressing such. grin grin cheesy
different laws apply to different states. The lagos state tenancy law is different from the Ondo state tenancy law, if the lagos state tenancy law states that "any clause in any agreement, contracts or terms seeking to invalidate the provisions of this section" No black on white can nullify such phrase unless expressly stated in the tenancy law or constitution

1 Like

Re: Legal Rights Of A Rent Tenants And Some Unlawful Acts Often Done By Landlords by eagleeye2: 8:53pm On Jun 28, 2015
adadadon:

That is a different scenario, how about this you sign an agreement that someone should kill you. The person kills you, wake up from the dead and tell the police that you signed an agreement that you should be killed by so and so or show black on white expressing such. grin grin cheesy
different laws apply to different states. The lagos state tenancy law is different from the Ondo state tenancy law, if the lagos state tenancy law states that "any clause in any agreement, contracts or terms seeking to invalidate the provisions of this section" No black on white can nullify such phrase unless expressly stated in the tenancy law or constitution
Well I don't operate under the Lagos state tenancy laws.
Re: Legal Rights Of A Rent Tenants And Some Unlawful Acts Often Done By Landlords by wisdomguy4u(m): 9:03pm On Jun 28, 2015
eagleeye2:

Maybe we should all talk to a property lawyer, I mean guys who have been in court for things like this. because I will like to "i stand corrected until proven otherwise".

You can willingly wave some of your rights when entering into a contract. And when you do such, you cannot later on claim such rights.
Re: Legal Rights Of A Rent Tenants And Some Unlawful Acts Often Done By Landlords by Pat4t5: 9:09pm On Jun 28, 2015
Please help me
I rented a flat (I paid for two years) and less than two months later I lost my landlord and am the only tenant in the building. The landlord family refused to maintain the building (no light, no access road, bad environment with grass growing tall around the building).
I made a very big mistake by making just written agreement with my late landlord without receipt.
Please can i make a case with my landlord family in court?
Re: Legal Rights Of A Rent Tenants And Some Unlawful Acts Often Done By Landlords by wisdomguy4u(m): 9:17pm On Jun 28, 2015
adadadon:

That is a different scenario, how about this you sign an agreement that someone should kill you. The person kills you, wake up from the dead and tell the police that you signed an agreement that you should be killed by so and so or show black on white expressing such. grin grin cheesy
different laws apply to different states. The lagos state tenancy law is different from the Ondo state tenancy law, if the lagos state tenancy law states that "any clause in any agreement, contracts or terms seeking to invalidate the provisions of this section" No black on white can nullify such phrase unless expressly stated in the tenancy law or constitution

The illustration you gave is impracticable, because any contract entered to which purpose is to carry out an unlawful act is invalid and unenforceable.

I believe you can willingly wave some of your rights when entering into a contract. Except where the law expressly states that such rights can't be waved by an express agreement
Re: Legal Rights Of A Rent Tenants And Some Unlawful Acts Often Done By Landlords by wisdomguy4u(m): 9:25pm On Jun 28, 2015
Pat4t5:
Please help me
I rented a flat (I paid for two years) and less than two months later I lost my landlord and am the only tenant in the building. The landlord family refused to maintain the building (no light, no access road, bad environment with grass growing tall around the building).
I made a very big mistake by making just written agreement with my late landlord without receipt.
Please can i make a case with my landlord family in court?

It's all depends on the content of the written agreement. If the agreement classify you as a tenant, then you have good case.
Re: Legal Rights Of A Rent Tenants And Some Unlawful Acts Often Done By Landlords by eagleeye2: 9:31pm On Jun 28, 2015
wisdomguy4u:


You can willingly wave some of your rights when entering into a contract. And when you do such, you cannot later on claim such rights.
Thank you. Exactly what I was saying.
Re: Legal Rights Of A Rent Tenants And Some Unlawful Acts Often Done By Landlords by eagleeye2: 9:43pm On Jun 28, 2015
Pat4t5:
Please help me
I rented a flat (I paid for two years) and less than two months later I lost my landlord and am the only tenant in the building. The landlord family refused to maintain the building (no light, no access road, bad environment with grass growing tall around the building).
I made a very big mistake by making just written agreement with my late landlord without receipt.
Please can i make a case with my landlord family in court?
Without receipt of the rent paid or without a copy of the agreement you made with your late landlord?
Was there not any witness when you entered into the said agreement? Cos there's supposed to be a space for a witness to sign the contractual agreement.
Re: Legal Rights Of A Rent Tenants And Some Unlawful Acts Often Done By Landlords by eagleeye2: 9:49pm On Jun 28, 2015
LKO:
A yearly tenant who has stayed in an apartment for six months without payment, has already used up his six months quit notice. The landlord can begin processes to recover his premises at d law court, d court would not give him another six months notice to quit.
wrong. If the tenant get a good lawyer, he will be staying in that house for another 6 months or more.
As a landlord do not second guess what the court will do or will not do. Rather follow the due process of serving a tenant a quit notice according to law.
Re: Legal Rights Of A Rent Tenants And Some Unlawful Acts Often Done By Landlords by adadadon(m): 9:53pm On Jun 28, 2015
wisdomguy4u:


The illustration you gave is impracticable, because any contract entered to which purpose is to carry out an unlawful act is invalid and unenforceable.

I believe you can willingly wave some of your rights when entering into a contract. Except where the law expressly states that such rights can't be waved by an express agreement

i was kidding with that scenario So also is slave trading which is illegal..


Thats what is said
Re: Legal Rights Of A Rent Tenants And Some Unlawful Acts Often Done By Landlords by yassjib: 10:20pm On Jun 28, 2015
good
Re: Legal Rights Of A Rent Tenants And Some Unlawful Acts Often Done By Landlords by timtom: 10:33pm On Jun 28, 2015
What do I do to a lawyer that ordered the gateman (the one I pay part of his salary monthly) not to allow me pack out after he gave me a quit notice that will expire by August 31. He said I must pay for the outstanding rent (4 months) and I told him I will surely pay but at my convenience because he has inconvenienced me by giving me quit notice.

There is also an issue with PHCN bill. I met a bill of 90k which I told him about when I moved in 2 years ago and he promised to settle it but he never did. The electricity metre was (and still faulty) so the PHCN guys bring estimated bill (about 5 times what I should have been paying monthly). My co-tenants will good metre pay around 2-3k monthly (and they have more electrical appliances than I do).

Am I under any obligation to pay before leaving or pay at my convenience? Am I under any obligation to pay the excess on electricity bill due to the landlord and lawyer's negligence as regard the faulty electricity metre?

Thanks
Re: Legal Rights Of A Rent Tenants And Some Unlawful Acts Often Done By Landlords by cooljoy10(f): 11:14pm On Jun 28, 2015
Please I need urgent help!!!
I paid two years rent where am staying now and I have used 1year and two months out of the 24months I paid for. I just accommodated a church member for like 2months nd my landlady complained that my visitor did not flush the toilet well and locked the toilet and bathroom am entitled to for more than a month now; I reported her to lagos state Tenant/landlord mediators and she didn't show up. Now I have told her to return my 10months rent balance which she has not returned till date. Please how do I fight for my right and have my money back??
770077][/color]
Ryabcool:
lmao those baba dey do jazz o. It's best to just avoid them
not returned. How do I fight[quouthor=wisdomguy4u post=35242510]It's a known fact that most people are not learned in terms of their legal rights as regard to tenancy, this has given some landlords(rent lawyers) the onus to act in such a reckless and unlawful ways toward their tenants without any fear of percussion. You can only defend your right when you know you have a right.

This are some unlawful acts often perpetrated by landlords towards their ignorant tenants:

1. Inadequate eviction: Locking out tenants, and physically throwing them of their property or assaulting him for his inability to pay rent at when due. Only the court can order and carry out the eviction of tenants, it's a legal wrong for a landlord or a rent lawyer to in anyway evict a tenants without an adequate court process. A tenant when unable to pay rent as at when due, is still a lawful tenant and must be treated with respect. A tenant who is inadequately evict due to inability to pay rent ,has a legal right to sue the landlord for damages.

2. Inadequate notice to quit: The duration of time for which the notice to quit will expire is determine by the kind of tenancy relationship existing between the tenant and it's landlord. The landlord has no right to quit the tenant anytime he likes .
* where the tenant pays monthly: the law requires that he is entitled to full one month notice.
* where the tenant pays every six months: he will be entitled to a full three months notice.
* where the tenant pays yearly: he will be entitled to six months notice.

Any notice short of the above stipulated notices is unlawful and gives the tenant right to sue for unlawful eviction.

3. Interference in the tenant privacy: The landlord has no right to walk into the tenant's apartment or make use of any of his property without an express permission from the tenant. The tenant is by law in exclusive possession and can sue his landlord for trespass if the landlord comes into his apartment without his permission. The landlord has no legal right to decide who visit his tenant unless the visitors constitute a nuisance to other tenants.

4. Inhabitable condition of the premises: it's an implied term of tenancy agreement that a landlord who let a building out must ensure that the building is in good condition. Where a tenant after paying rent, discovers that the house is not in a habitable condition, he has a legal right to sue the landlord for refund of rent and adequate compensate for the inconveniences he caused him. There are many cases where a tenant park into a house during the dry season, and when raining season comes, the house gets flooded, or the roof leaks or any other unbearable inconvenience .

5. Repairs of premises: The landlord has no right to compare his tenant to carry out all repairs in the premises. It's the duty of the landlord to carry out major (external and structural) repairs like damaged roof , cracked or collapse walls e.t.c . while the tenant carry out minors (interior)repairs like damage doors, window, sockets e.t.c


Note: However this tenancy right is sometimes varied by landlords in the agreement between them and their tenants , Where the tenant ignorantly waves any of his right in a Tenancy Agreement, he is bound by it. This is why you are advise to read and understand the Tenancy Agreement before you attest your signature on it. [/quote]
Re: Legal Rights Of A Rent Tenants And Some Unlawful Acts Often Done By Landlords by dasphinx1(m): 12:08am On Jun 29, 2015
ladyF:
Hey
lol I don make front page o. Church blessings are really manifesting in my life already, this week is my week grin
Evil landlords beware o!

nice profile pix wink
Re: Legal Rights Of A Rent Tenants And Some Unlawful Acts Often Done By Landlords by ikechukwu354(m): 1:37am On Jun 29, 2015
wisdomguy4u:
It's a known fact that most people are not learned in terms of their legal rights as regard to tenancy, this has given some landlords(rent lawyers) the onus to act in such a reckless and unlawful ways toward their tenants without any fear of percussion. You can only defend your right when you know you have a right.

This are some unlawful acts often perpetrated by landlords towards their ignorant tenants:

1. Inadequate eviction: Locking out tenants, and physically throwing them of their property or assaulting him for his inability to pay rent at when due. Only the court can order and carry out the eviction of tenants, it's a legal wrong for a landlord or a rent lawyer to in anyway evict a tenants without an adequate court process. A tenant when unable to pay rent as at when due, is still a lawful tenant and must be treated with respect. A tenant who is inadequately evict due to inability to pay rent ,has a legal right to sue the landlord for damages.

2. Inadequate notice to quit: The duration of time for which the notice to quit will expire is determine by the kind of tenancy relationship existing between the tenant and it's landlord. The landlord has no right to quit the tenant anytime he likes .
* where the tenant pays monthly: the law requires that he is entitled to full one month notice.
* where the tenant pays every six months: he will be entitled to a full three months notice.
* where the tenant pays yearly: he will be entitled to six months notice.

Any notice short of the above stipulated notices is unlawful and gives the tenant right to sue for unlawful eviction.

3. Interference in the tenant privacy: The landlord has no right to walk into the tenant's apartment or make use of any of his property without an express permission from the tenant. The tenant is by law in exclusive possession and can sue his landlord for trespass if the landlord comes into his apartment without his permission. The landlord has no legal right to decide who visit his tenant unless the visitors constitute a nuisance to other tenants.

4. Inhabitable condition of the premises: it's an implied term of tenancy agreement that a landlord who let a building out must ensure that the building is in good condition. Where a tenant after paying rent, discovers that the house is not in a habitable condition, he has a legal right to sue the landlord for refund of rent and adequate compensate for the inconveniences he caused him. There are many cases where a tenant park into a house during the dry season, and when raining season comes, the house gets flooded, or the roof leaks or any other unbearable inconvenience .

5. Repairs of premises: The landlord has no right to compare his tenant to carry out all repairs in the premises. It's the duty of the landlord to carry out major (external and structural) repairs like damaged roof , cracked or collapse walls e.t.c . while the tenant carry out minors (interior)repairs like damage doors, window, sockets e.t.c


Note: However this tenancy right is sometimes varied by landlords in the agreement between them and their tenants , Where the tenant ignorantly waves any of his right in a Tenancy Agreement, he is bound by it. This is why you are advise to read and understand the Tenancy Agreement before you attest your signature on it.


yhh hello, I really love what you're doing, u see many illiterates in nigeria and even literates dont know certain basic rights... if there is anyway NL can create a legal section, that will be beatiful
Re: Legal Rights Of A Rent Tenants And Some Unlawful Acts Often Done By Landlords by notttty(m): 5:45am On Jun 29, 2015
josite:



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.
thanks mate. I appreciate

1 Like

Re: Legal Rights Of A Rent Tenants And Some Unlawful Acts Often Done By Landlords by Machiny: 6:16am On Jun 29, 2015
LKO:
A yearly tenant who has stayed in an apartment for six months without payment, has already used up his six months quit notice. The landlord can begin processes to recover his premises at d law court, d court would not give him another six months notice to quit.
if a notice have not bn issued.the tenant can't still be removed.just that when court is to issued a notice its for 7dys
Re: Legal Rights Of A Rent Tenants And Some Unlawful Acts Often Done By Landlords by lastpage: 7:11am On Jun 29, 2015
wisdomguy4u:
It's a known fact that most people are not learned in terms of their legal rights as regard to tenancy, this has given some landlords(rent lawyers) the onus to act in such a reckless and unlawful ways toward their tenants without any fear of percussion. You can only defend your right when you know you have a right.

This are some unlawful acts often perpetrated by landlords towards their ignorant tenants:

1. Inadequate eviction: Locking out tenants, and physically throwing them of their property or assaulting him for his inability to pay rent at when due. Only the court can order and carry out the eviction of tenants, it's a legal wrong for a landlord or a rent lawyer to in anyway evict a tenants without an adequate court process. A tenant when unable to pay rent as at when due, is still a lawful tenant and must be treated with respect. A tenant who is inadequately evict due to inability to pay rent ,has a legal right to sue the landlord for damages.


Since Tenancy is a "Contract" and the terms of the contract requires fulfillment by both parties
, does not paying your house rent not VOID and INVALIDATE such contract, due to "non-performance" on the part of the tenant, for not paying his rent... thereby making it impossible for you to seek recourse for those rights?
"He who must come to equity, needs come with clean hands", as it is said!


wisdomguy4u:
2. Inadequate notice to quit: The duration of time for which the notice to quit will expire is determine by the kind of tenancy relationship existing between the tenant and it's landlord. The landlord has no right to quit the tenant anytime he likes .
* where the tenant pays monthly: the law requires that he is entitled to full one month notice.
* where the tenant pays every six months: he will be entitled to a full three months notice.
* where the tenant pays yearly: he will be entitled to six months notice.

Any notice short of the above stipulated notices is unlawful and gives the tenant right to sue for unlawful eviction.

When does the eviction notice begin to take effect?
Can it be issued mid-way into a paid tenancy or must the paid period come to an end before we start counting the eviction notice period?
I mean, if Mr. X pays for one year tenancy in January, to lapse in December.
Can Landlord Y issue an eviction notice in July, to terminate by December ending?
Or must the landlord wait till the end of December (when the tenancy payment ends) before his Notice starts counting


Good write-Up all the same.
My "response" is intended to benefit others who might have those questions on their mind.

What about "Landlord's rights", would you put up something on that as well because one day, that tenant will hopefully become a Landlord and will need to be protected from some type of nightmare tenants grin grin

Lastpage!
Re: Legal Rights Of A Rent Tenants And Some Unlawful Acts Often Done By Landlords by lastpage: 7:26am On Jun 29, 2015
timtom:
What do I do to a lawyer that ordered the gateman (the one I pay part of his salary monthly) not to allow me pack out after he gave me a quit notice that will expire by August 31. He said I must pay for the outstanding rent (4 months) and I told him I will surely pay but at my convenience because he has inconvenienced me by giving me quit notice.

There is also an issue with PHCN bill. I met a bill of 90k which I told him about when I moved in 2 years ago and he promised to settle it but he never did. The electricity metre was (and still faulty) so the PHCN guys bring estimated bill (about 5 times what I should have been paying monthly). My co-tenants will good metre pay around 2-3k monthly (and they have more electrical appliances than I do).

Am I under any obligation to pay before leaving or pay at my convenience? Am I under any obligation to pay the excess on electricity bill due to the landlord and lawyer's negligence as regard the faulty electricity metre?

Thanks

You left things too late!

As per Electricity: Do you have documented evidence that there was 90K debt on it? Who paid the 90K? Where are the receipts of payment?
If you can provide all the above, that amount is deductible from your rent as it is not your debt. But you need hard evidence, not "dem say". undecided

As per outstanding rent: You used it and you will pay for it.
Now, he cannot lock you in/out because of that. He can report you or get a lien on your property before you move out, to ensure you pay his outstanding rent.
He will however need a court order to effect the lien.

The Lawyer is going beyond his bound if by his action, he is denying you your fundamental right to freedom of movement, by locking the gate on you.
Get a Camera phone and record/show evidence of that denial of right of movement. You will need it in court.

Report him at the nearest Police station (make sure it is incidented in their crime diary, even if they refuse to call him to order).
Then proceed to dismantle the gate/padlock and let him call the Police on you (or if na physical fight) one way or the other, the Police wil get involved and then proceed to court.

As per whether you must pay him before leaving or not, it depends on how your Landlord handles it.
With a court order, your property can even be sold to offset the debt.
But it will be better if both of you can come to an arrangement that is "enforceable" (signed agreement) that you will pay at a certain agreed date in the future and he can hold you legally liable if you fail to pay by that date...and also claim damages and legal expenses in addition.

I do not advocate Tenants not fulfilling their financial obligation to their Landlord neither will l as a landlord, encourage Landlord impunity.


Lastpage!

1 Like

Re: Legal Rights Of A Rent Tenants And Some Unlawful Acts Often Done By Landlords by lastpage: 7:38am On Jun 29, 2015
cooljoy10:
Please I need urgent help!!!
I paid two years rent where am staying now and I have used 1year and two months out of the 24months I paid for. I just accommodated a church member for like 2months nd my landlady complained that my visitor did not flush the toilet well and locked the toilet and bathroom am entitled to for more than a month now; I reported her to lagos state Tenant/landlord mediators and she didn't show up. Now I have told her to return my 10months rent balance which she has not returned till date. Please how do I fight for my right and have my money back??
770077][/color]not returned. How do I fight


1.) You can be held liable for the damage/defacement done by your visitor. Cleanliness is next to Godliness, you hear? angry angry

2.) Accommodating a visitor for that length of time in a rented house is a violation of the terms of most rent agreement. You cant harbor guests without the landlord's consent.
It is a good and valid reason to eject a tenant. It is even worse if the visitor messed-up the place.


Your Landlady will not refund you and she is not obligated t do so.
Good step you went to the Mediators but some of them take "Ribba" from Landlord and drag feet on such issues.
Go back to the mediators and report that you are being denied the right to use the conveniences.

If they still drag feet, you will need a Lawyer to file a civil suit for breaches to your right to enjoy the use of what you paid for.
Seek "damages" that would cover your loses, your legal cost and inconvenience.

On the other hand, you can "trigger" a court case by removing the lock on the toilet door (after making recordings of it being locked and you being prevented from using it..... this will serve as court evidence in future) and then your landlord will be forced to take action against you....legally or otherwise. This is your cheapest option as you will be the defendant

But be careful with some of this winch landlords o! Make im no spread bad thing for ground for you o! grin grin


Lastpage!
Re: Legal Rights Of A Rent Tenants And Some Unlawful Acts Often Done By Landlords by lastpage: 7:44am On Jun 29, 2015
eagleeye2:

wrong. If the tenant get a good lawyer, he will be staying in that house for another 6 months or more.
As a landlord do not second guess what the court will do or will not do. Rather follow the due process of serving a tenant a quit notice according to law.
While l agree that he should not second-guess the court and that due process needs to be followed, it is a very simple case.

The Landlord just needs to serve the Tenant, a "back-dated" notice which takes into account the previous six months.
At that point, the notice is duly served like it was served six months ago.
Let the Tenant come and prove it in court that he was served yesterday! shocked shocked

....And "Quit notice" does not even mean "free housing" ....... You still have to pay your rent til the day you leave

"If a child is adept at feigning death, the mother too can be good at doing mock burial". undecided undecided


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Re: Legal Rights Of A Rent Tenants And Some Unlawful Acts Often Done By Landlords by lastpage: 7:52am On Jun 29, 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[b] met a court notice on my door requesting I show up in court by July 6[/b]...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...

Court is all about "Evidence and Arguments"!

Do you have proof of the Dogs destroying your property, along with those payment receipts?
Do you have evidence to counter every lie he wrote in the Court petition?
If YES, nothing do you.
At the worst case, you will be given another six months to look for a house... till say December 2014 or March 2015.
Chill. Your Lawyer can even drag the case till June 2016 sef, if him sabi wetin gwan... but it isnot necessary and l dont encourage such.


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Re: Legal Rights Of A Rent Tenants And Some Unlawful Acts Often Done By Landlords by Nobody: 7:55am On Jun 29, 2015
notttty:
thanks pls I will be expecting the number pls.. Thanks alot....
Bro here is the number 08087521218
Re: Legal Rights Of A Rent Tenants And Some Unlawful Acts Often Done By Landlords by lastpage: 8:01am On Jun 29, 2015
younglawya:



It is Legal. My Thinking is that the landlord does it to encourage the tenant to pay his next rent or with the aim of increasing it.



Why and How is it Legal?
Can we use the arguments and principles of the law of contract to explain this?

My position is that a one year fully paid rent is a contract for one year, binding on both parties who have satisfied the conditions of "Offer, Acceptance and Consideration".
-So, contract is binding till the end of one year. None of the parties can break that contract without penalties

-As a follow-up, since a notice of 6months must be given, that period cannot be injected into an existing and subsiding contract as it was not part of the contract ab initio.
-A Quit Notice is another term of contract and would therefore start at the expiration of the current one as both are "mutually exclusive" of one another.

Thus, l will argue that the Notice is not valid, if given within the period of an existing and fully paid rent contract which has not yet lapsed.

I will like to listen to your own argument
(or anyone in the opposing camp).

Lets do it as an academic exercise here for others to benefit.


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