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Nairaland Forum / Nairaland / General / Properties / We Paid For An Apartment But Could Not Occupy It, Yet No Refund Made (11406 Views)
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We Paid For An Apartment But Could Not Occupy It, Yet No Refund Made by glossy6(f): 10:25pm On Apr 13, 2016 |
My husband lives in the East while I and the kids reside in Lagos, which we take as our base. Sometime last year, we agreed that he gets a new apartment. He sought and got an apartment (3bd flat) where he was asked to pay caution fee in addition to the annual rent which he paid. He then insisted they fix the damages in the house before he takes possession of the house so that in the end he won't be accountable for those damages. The landlord through the lawyer agreed and started effecting repairs. Probably after fixing most of the repairs, an existing tenant moved from her apartment to the one my husband paid for. All entreaties for the woman to return to her apartment failed as she claimed that the sewage was full and was affecting her family. The lawyer issued her a one month quit notice for a woman that still have rent valid up to October 2016. The landlord then evacuated the sewage, yet the woman refused to revert to her original flat. At this point, they asked my husband to move into the woman's vacant flat but he refused and asked for a refund. His reasons for refusing were 1. That was not the apartment he paid for and should not be made to occupy a rejected apartment. it's either the woman moves back or his money 2. It appears he has started having enemies in the compound before moving in and would not want such a scenario. He paid for the apartment since January and up to now, the landlord has not refunded the rent and all transactions were done through the lawyer as the landlord is said to reside in Lagos. while the property is located in Nnewi and managed by the lawyer. The landlord and the lawyer insisted that the house must be rented out before refund will be made. We've not met the landlord in person but speak to him on phone. He said he used part of the money to repair the damages and that my husband would have to wait. The lawyer is saying the same thing. Meanwhile, my husband is under pressure to vacate his presence abode became he told his landlord that he has gotten an apartment and the current landlord let it out to another person who got him arrested for not being able to occupy the house. What's your take on this? 3 Likes 1 Share |
Re: We Paid For An Apartment But Could Not Occupy It, Yet No Refund Made by Aliyeous(m): 10:54pm On Apr 13, 2016 |
lawyers in d house take over am jst a passer by 2 Likes |
Re: We Paid For An Apartment But Could Not Occupy It, Yet No Refund Made by Raddie(m): 11:27pm On Apr 13, 2016 |
i'm confused here o, the house and husband is in nnewi while the wife and the landlord is in lagos abi, what's wrong with a little effort at verification. Moreover are you even sure the man you transacted with is not an agent claiming to be a lawyer. I don't see your money coming out that easy o, Get a good laywer too and have him arrested just to harrass him alittle then demand repairs on the vacant flat with your date of rent starting from day you move in. if you decide to show him hell before you move out thats on you. oh I'm not a laywer o! 2 Likes 1 Share |
Re: We Paid For An Apartment But Could Not Occupy It, Yet No Refund Made by glossy6(f): 7:07am On Apr 14, 2016 |
Raddie: The woman who managed the property is a magistrate as confirmed by my husband. I got my lawyer friend to discuss with her and both of them are saying that we will get our refund when the apartment is taken by another tenant. My husband spoke with the landlord and his stance is the same. Meanwhile, my husband needs the money. Moving to the vacant flat is not palatable to him because there is already a face off with the tenant that swapped her flat for his. Thanks for your suggestions 1 Like |
Re: We Paid For An Apartment But Could Not Occupy It, Yet No Refund Made by Raddie(m): 12:06pm On Apr 14, 2016 |
glossy6: it all comes down to your money not coming out easy if not at all cause what happens if the apartment is rented and repairs are demanded like you did? i'm sure you know the repairs fee will be from the rent payed moreover how soon do you think it'll be rented. I think your best play is to demand repairs on the vacant flat with your date of rent starting from day you move in. Refunding money ain't an African thing, you'll just keep running around. My opinion anyway 3 Likes 2 Shares |
Re: We Paid For An Apartment But Could Not Occupy It, Yet No Refund Made by glossy6(f): 12:25pm On Apr 14, 2016 |
Raddie: Thanks. There is much sense in your opinion. I've tabled the options before him |
Re: We Paid For An Apartment But Could Not Occupy It, Yet No Refund Made by Odunsco01(m): 6:39am On Apr 15, 2016 |
U sure say ur money neva enter Voice mail? |
Re: We Paid For An Apartment But Could Not Occupy It, Yet No Refund Made by fejicruz(m): 6:46am On Apr 15, 2016 |
Since you already have a lawyer involved, there's no problem. Your money will definitely be refunded. It would just take a little time 4 Likes |
Re: We Paid For An Apartment But Could Not Occupy It, Yet No Refund Made by fammo: 6:50am On Apr 15, 2016 |
Was there an agreement you signed when you payed for the apartment? Was the number of the apartment specified in the signed agreement (if any)? The answer to this question will determine your next action. 5 Likes 1 Share |
Re: We Paid For An Apartment But Could Not Occupy It, Yet No Refund Made by Petroking: 6:50am On Apr 15, 2016 |
This is kinda interesting. I will advice that a good lawyer is needed. Also I understand fully well that an old tenant in a different flat cannot on her own decide to move into another one in that same compound. My reasons are these : where did she get the key to enter into the house, because people don't actually move into houses even when on renovation without keys. The landlord must have been aware hence I think something fishy happened and your husband is left in a loop hole. The landlord and the lawyer can be sued citing the fact that the house paid for was taking by another person. So I will advice you to get a good lawyer not one who is just interested in savory some cash explain carefully to him in detail and let him give you his opinions and he will let you know what is best 15 Likes 1 Share |
Re: We Paid For An Apartment But Could Not Occupy It, Yet No Refund Made by delishpot: 6:51am On Apr 15, 2016 |
Let them renovate the one the other woman moved out of. They should use the remaining rent money to renovate it and make the woman pay double rent after her rent expires. But that woman get mind sharing. How did she get the keys and pack her load and move into your apartment with no one noticing? |
Re: We Paid For An Apartment But Could Not Occupy It, Yet No Refund Made by Tholudee(f): 6:52am On Apr 15, 2016 |
Something like this 2 Likes
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Re: We Paid For An Apartment But Could Not Occupy It, Yet No Refund Made by LordVoldemort(m): 6:52am On Apr 15, 2016 |
Please contact madam Nike Azeez she Is specialized in evicting tenant just last week she set one tenant room on fire just to evict him. You can contact her at the panti police station 2 Likes |
Re: We Paid For An Apartment But Could Not Occupy It, Yet No Refund Made by uscofield: 6:54am On Apr 15, 2016 |
Involve Army...military men and not police. U can still go to Human rights commission. 3 Likes |
Re: We Paid For An Apartment But Could Not Occupy It, Yet No Refund Made by Namdeenero(m): 7:02am On Apr 15, 2016 |
LordVoldemort: ![]() ![]() ![]() ![]() 3 Likes |
Re: We Paid For An Apartment But Could Not Occupy It, Yet No Refund Made by glossy6(f): 7:04am On Apr 15, 2016 |
Petroking: When I visited my husband and we went to inspect the flat, the house was left open and we believe it was left open because of the renovations going on. But my lawyer friend is of the opinion that we ought to have insisted that repairs be effected before paying for the house. fammo: My husband signed an agreement but I don't think that the flat was indicated. |
Re: We Paid For An Apartment But Could Not Occupy It, Yet No Refund Made by wadremremmy: 7:06am On Apr 15, 2016 |
If u need flats in ikoyi duplex in alaka contact me so u can c it... U are comi direct not tru agent... Ok.. Bt with 3m up... Vacancy... glossy6: |
Re: We Paid For An Apartment But Could Not Occupy It, Yet No Refund Made by ogawisdom(m): 7:10am On Apr 15, 2016 |
glossy6: He can only refund u if he get someone to pay for d apartment ie if he is nt troublesome |
Re: We Paid For An Apartment But Could Not Occupy It, Yet No Refund Made by Lexusgs430: 7:14am On Apr 15, 2016 |
If you seek legal redress, it's got financial implications. Best to hope and wait. But how long is this wait vs cost of litigation for redress? You decide!!!!! 1 Like |
Re: We Paid For An Apartment But Could Not Occupy It, Yet No Refund Made by Lexusgs430: 7:15am On Apr 15, 2016 |
wadremremmy: Is the 3 million for 3 years rent? 4 Likes |
Re: We Paid For An Apartment But Could Not Occupy It, Yet No Refund Made by jidxin(m): 7:17am On Apr 15, 2016 |
brb |
Re: We Paid For An Apartment But Could Not Occupy It, Yet No Refund Made by Nobody: 7:22am On Apr 15, 2016 |
I know the perfect solution to your problem: 1.Just give the landlord fuel. 2.Just give the trouble maker woman fuel. 3.Just give the lawyer fuel. Thank me later. 3 Likes |
Re: We Paid For An Apartment But Could Not Occupy It, Yet No Refund Made by valudong(m): 7:26am On Apr 15, 2016 |
women sef.... we paid huh ![]() |
Re: We Paid For An Apartment But Could Not Occupy It, Yet No Refund Made by fammo: 7:28am On Apr 15, 2016 |
glossy6:If the flat wasn't indicated you have no choice but to be patient to get your money and I don't blame the other tenant for her action, she must have complained to the landlord about the state of her apartment and nothing positive was done, this explains the landlord's inability to get her to move out of the flat you payed for. That signifies a potential bad Landlord-tenant relationship for you. I think yyou should be happy that this events have just saved you from years of non-charlant landlord wahala....always a blessing in the storm! 3 Likes |
Re: We Paid For An Apartment But Could Not Occupy It, Yet No Refund Made by Dinocarex(m): 7:43am On Apr 15, 2016 |
This case is not as complicated as that. Your husband did the right thing for not moving into the other apartment because he didn't pay for that. In Estate Management.... We say 'No two properties are the same, even if they look alike'. You can't pay for a product and have another thing entirely... I'm only ashamed by the attitude shown by the Lawyer towards the other lady who moved to the apartment knowing well it has been paid for. Let your husband maintain his stand if he doesn't mind, let him keep harmaering it to the lawyer's hearing that he paid for this apartment and was given another.... This is what happens when you hire a Lawyer to manage your property instead of an Estate Manager. Hire an Estate Manager today say no to Quacks!!!! 6 Likes |
Re: We Paid For An Apartment But Could Not Occupy It, Yet No Refund Made by Nobody: 7:43am On Apr 15, 2016 |
Madam, I'm sorry but the truth is, your husband won't get a refund until someone occupies the vacant flat. That is what is obtainable in this part of the world......it happened to me too! Better still, your husband should get someone else to occupy the apartment, then get his money from the person! |
Re: We Paid For An Apartment But Could Not Occupy It, Yet No Refund Made by SenatorPope(m): 7:55am On Apr 15, 2016 |
My take on this issue 1. You can't get your cash back until the available flat is given to another tenant 2.Whenever you are getting the money back, it won't be in full because the agency/legal won't be refunded expect only the caution deposit and the rent. 3. You can actually tread on the part of litigation base on the fact that there was a breach of contract but how long will that take and financial aspect (Provided there are evidences to back up your claim). 4. The easiest is to manage the apartment provided to you for a year whilst searching for another comfortable apartment. 5. Finally, always engage the services of a professional estate surveyor and valuer when dealing with properties. Thanks. 1 Like |
Re: We Paid For An Apartment But Could Not Occupy It, Yet No Refund Made by cindybabs(f): 7:56am On Apr 15, 2016 |
Madam first and foremost there is no way a landlord will start repairs in an apartment for a prospective tenant without paying first and its from the caution fee which is usually refundable(except you spoil something in the house and the landlord repairs from your caution fee). The landlord will not refund your husband unless he rents out the other flat. Meanwhile you can sue the landlord for breach of specific performance or better still your husband can sue the landlord in an undefended suit. I can assure you that within a month or two judgement will be given in your favour. Your best bet is to sue the landlord. 1 Like |
Re: We Paid For An Apartment But Could Not Occupy It, Yet No Refund Made by opalu: 8:18am On Apr 15, 2016 |
Seriously speaking some Landlords are not totally sincere. Some use delay tactics to depreciate paid funds. |
Re: We Paid For An Apartment But Could Not Occupy It, Yet No Refund Made by toozheen(m): 8:20am On Apr 15, 2016 |
Oneway to look at this; Since rent has been paid and there was an agreemnt evidencing the contract, an action fr specific performance against d landlord cld save d situation. You also have a right of possession, thus you can maintain an action for trespass against any other person(except d landlord ofcuz) i.e the unruly tenant can be removed by you. Another option is dt u arbitrate..., much cheaper and faster compared to litigation...note dt its decisions are also binding and of the same effect. option 3 is dt u wait or look for other tenants to take d flat, so as to get ur refund. My opinion, not an experts' ![]() 3 Likes |
Re: We Paid For An Apartment But Could Not Occupy It, Yet No Refund Made by saviesma: 8:43am On Apr 15, 2016 |
my dear it is very frustrating to find ur self in such a situation. but my advice is that make peace with the landlord. negotiate with him if the woman apartment is good enough for u to occupy then park into it. just bear in mind that you want to save the stress of the family and u can stay there for the duration of ur rent. you have nothing to do with d woman bc it is a flat apartment not face me I face I you. my opinion anyway. |
Re: We Paid For An Apartment But Could Not Occupy It, Yet No Refund Made by ERONX(m): 8:48am On Apr 15, 2016 |
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