eagleeye2:

.
Please be advised that you can actually give a yearly or bi-yearly or quarterly or monthly tenant just a MONTHS NOTICE TO QUIT and you will not be contravening any tenanncy law.
How it works is that the Landlord will have to EXPRESSLY STATE IT IN THE TENANCY AGREEMENT that irrespective of how the tenant pays his rent, that the tenancy will be DETERMINED BY A MONTHS NOTICE. If a prospective tenant accepts and signs the tenancy agreement without any duress, then I see why a landlord cannot terminate such tenancy with a months notice.

dasphinx1:


nice profile pix

ladyF:


tnx

lastpage:

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!

....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".


Lastpage!

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[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.

lastpage:


With due respects Sir, l want to state that some laws/agreements which run contrary to a much higher and superseding law is null and void, even if it is signed by both parties.

what l am saying is that if you make an agreement which constitutes "refoulement" of an existing law of the land, such agreement is null and void in the face of the law and you cannot enforce your rights using such agreement.

A very common example is when (say for example) two people enter into a a "written and signed agreement" that Party A will pay party B a sum of money if Party B kills someone for Party A.
Though both have signed and agreed and the contract is supposedly binding on both, but because there is a law which makes what they did to be an offense (as in shortened tenancy rights), Party B cannot seek any recourse in law, if Party A refuses to perform his side of that agreement.

Reason being attributed to "refoulement"... and that agreement is null and void from the onset.

In the same light, l am of the position that since there is a law which expressly state the number/duration of Quit Notice for a yearly Tenant, any "private agreement" which violates that law is null and void from the onset, even if duly signed by both parties.

I understand that you will say they entered into it voluntarily and that they signed already and that two parties are at liberty to enter into 'private agreements' but the underlying principle is that such 'private agreements' does not violate existing extant laws of the land.


Now, what is your own explanation to back up your position please.



Lastpage!

Amusaopeyemi:

Bro here is the number 08087521218

notttty:
thanks. Pls what do I ask of and who should I report to plus what's the procedures... Enlighten me pls before I call

MaziOmenuko:
Am I still obligated to give 6months notice to a tenant who hasn't paid his rent for 6months now?

Is a tenant served a notice lawfully bound to pay rent during the duration of notice?

Most tenants believe they are not to pay rent once served a notice: and for the case of the tenant owing 6months rent, it means once served, he may decide to stay all thru the duration of the notice without paying: a total of 1 year!

otizs:
assuming you paying yearly / let's say 10months u pay( like corp member, mostly say for 10months). After spent 5months, misunderstanding ensue and landlord; in person give u the balance of 5months unused and ask you to pack out too soon. In ɑ case like this, By Law, how many months ℓ should use more before ℓ should finally pack out? ( ℓ have collected the 5months unused balance).

lastpage:


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".

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!

eagleeye2:

unless the tenant is living alone and there are no witnesses as to when the quit notice was served. It's just the word of the landlord against the tenant. And if it can be proven that the landlord is lying under oath in court, you very well know that a case of perjury will now be leveled on the landlord.
In this country we are good at cutting corners, that's why someone will even be thinking of perjury.

timtom:


I have evidence of the 90k debt and I am also willing to pay for the 4.5 months I will use (I have spent 4 months already). I just want to know if it is right to pay the estimated bills I have been getting due to the non-functionality of the electricity metre (which has been like that before I moved in)

Thanks

younglawya:



You have right to a 7 days Notice Of Owners Intention To Recover Posession. This is because you are holding over

Godfullsam:
Lord help me, i don't want to remian a tenant for the rest of my life .

lastpage:



We are analysing a situation and acting as defence to both side.
Why do you people always take things "personal"?
What about the interest of the porr House owner who labored hard to build his/her house in our environment where Mortgage is impossible for the majority? Does he not deserve some level of protection?

Until the bolded happens, NO ONE in thinking of Perjury........ its just in your own imagination


Lastpage!

younglawya:




When a tenant is in arrears of rent, you do not give a six month notice . You give a 7 day notice of owners intention to recover posession. Odutola V. Papersack

eagleeye2:

My dear Lastpage, your analogy is flawed because the two parties signed an agreement to commit murder which is an offense in itself. But in the case of Tenancy agreement, the Tenant by signing a contract which expressly states ONE MONTH NOTICE WILL DETERMINE the tenancy is simply waiving his rights, if he is a yearly tenant. And the landlord is not committing any offense.
The landlord is simply stating that if you are so eager to rent my property, you will have to WAIVE your right to a six months notice to terminate. The Tenant cannot come back in court to claim the right which he has already waived.
It's like when a suspect, waives his right to a lawyer being present during a police interrogation, how then will the suspect come up in court to claim that he was interrogated in the absence of his lawyer

lastpage:


With due respects sir!

The "Rights" being waved by the said agreement, is also a coded Law of the state or am l wrong about that?
If the law says it is an offense to kill, (just like it says it is an offense to eject a tenant without adequate six months notice), just same way as any "agreement to invalidate that law" or render it inapplicable, does not infer that that law is inapplicable!
A coded law wil always be applicable and there are sanctions for flouting it..... in both cases.

You cant waive-away the law, even if it is your right.
What l am saying is that the infringement is against the sate laws per say, as in both cases.

Consumer Rights law also protects "consumers" who are in a weak position such that they are not able to bargain for their right and the law wil protect their interest in such cases as this.

I guess we will have t leave it for "argument" before a Judge!

Cheers.

Lastpage!

Machiny:
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

refreshrate:


Na hostel Abi wetin?
Na you dey listen to am na.
Abi him subsidize the rent for you? some of these landlords ehn?

Guy do wetin you wan do nothing fit happen the man see go tire to para (if you be correct smasher) in fact ehn make sure say you arrange all those girls wey sabi halla like China phone during smash process.
what nonsense

platz:
u too much joor....... I go walk in the shadow of ur greatness

lastpage:

Alright thanks a lot, but I tot I can get a lawyer on this forum because I have none for now.[/color am so confused!
1.) You can be held liable for the damage/defacement done by your visitor. Cleanliness is next to Godliness, you hear?

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

[color=#000099]But be careful with some of this winch landlords o! Make im no spread bad thing for ground for you o!


Lastpage!

LKO:

My point exactly. The landlord would only through d court, issue a seven day notice and then commence processes to recover his properties. A six months notice can no longer be issued to a yearly tenant who has not paid his rent for six months and above. By not paying, d tenant has voided his agreement with d landlord.

refreshrate:


Remain blessed my son

and remember...keep smashing!
Even if landlord daughter make mistake pass front of the house wey him papa say woman must not enter, what will you do?

smas...
come wait o, abi na the man plan be dat?

wait him get daughter?

platz:
lol em get but if i near them na child abuse

lastpage:


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.


Lastpage

lastpage:

With due respects sir!
The "Rights" being waved by the said agreement, is also a coded Law of the state or am l wrong about that?
If the law says it is an offense to kill, (just like it says it is an offense to eject a tenant without adequate six months notice), just same way as any "agreement to invalidate that law" or render it inapplicable, does not infer that that law is inapplicable!
A coded law wil always be applicable and there are sanctions for flouting it..... in both cases.
You cant waive-away the law, even if it is your right.
What l am saying is that the infringement is against the sate laws per say, as in both cases.
Consumer Rights law also protects "consumers" who are in a weak position such that they are not able to bargain for their right and the law wil protect their interest in such cases as this.
I guess we will have t leave it for "argument" before a Judge!
Cheers.
Lastpage!

younglawya:

I agree that a Tenancy is an agreement or contract for use of premises for one year.
A quit notice is not a term in a contract. It can never be. It is a unilateral right that a landlord has over his property.
Remember that a six month notice does not affect a tenants occupation and lawful use of the premises during the duration of his occupation of the landlords house. It operates as a means of ending an existing tenancy. As such it can be legally given as long as the period stipulated does not fall within the existing tenancy that has been properly paid for.
For more information or clarification hit me up on 07037836881

LKO:


Please I need advice from expert in d house. A tenant of mine whose rent expired May dis year, suprinsingly paid a six month rent into my account this morning, without given me a prior notice, he doesn't have my permission to make dat payment.
On calling him dis afternoon as to why he made half payment into my account, he is arguing dat I told him that he would be paying six months rent after d expiration of his initial one year rent. This is a big lie. He is a yearly tenant and it is clearly stated in d tenancy agreement. I have decided to return his money by sunday. I need d full year rent. Every other tenant in dat compound, pay yearly. This guy is smart and want to play a fast one on me. He moved into d house on june 1st last year and his rent expired on d 31st of may dis year. I need d full year rent for my small business, d six months payment is a total no to me.
Pls advice me. Thank u.

younglawya:



Have you returned the money? What is the status?