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We Paid For An Apartment But Could Not Occupy It, Yet No Refund Made - Properties (2) - Nairaland

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Re: We Paid For An Apartment But Could Not Occupy It, Yet No Refund Made by habsydiamond(m): 9:08am On Apr 15, 2016
its beta for u guys to collect ur money and move on cos i can notice that woman na devil. she say toilet full dem pack am but she still refuse to return after the toilet has been packed . i can see her mind is made of black like Guiness.

1 Like

Re: We Paid For An Apartment But Could Not Occupy It, Yet No Refund Made by ewizard1: 9:41am On Apr 15, 2016
Petroking:
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
At the bolded, exactly my thoughts! I think the lady has tipped the landlord to move in the renovated apartment!

Matters like this angers me soo much!
Re: We Paid For An Apartment But Could Not Occupy It, Yet No Refund Made by Montaque(m): 9:57am On Apr 15, 2016
There isnt much issue here.
Get a lawyer to sue in breach of contract and for specific performance of the contract or refund of your money. make sure u use the undefended procedure when filing cos the landlord has no veritable reason why he didnt let u into possession.
I am just concerned about the time it will take, but u can just look for alternative and keep ur mind off the money n property till judgment.
Na so life in nigeria be.
Re: We Paid For An Apartment But Could Not Occupy It, Yet No Refund Made by thecultivateur(m): 10:10am On Apr 15, 2016
@OP. Because of the odds that are against your husband & also for peace to reign in your family (& that of the new compound) I'ill suggest that your husband move into that apartment that the woman pack out from. I understand that your husband is trying to fight for what is rightfully his but he must also try & understand that his opportunity to live a peaceful life with his family is at stake here. As for the sewage problem that is crippling that other apartment, he shouldn't worry about it, God will take care of such. Just trust God, my dear sister
Re: We Paid For An Apartment But Could Not Occupy It, Yet No Refund Made by ringi82(m): 10:23am On Apr 15, 2016
glossy6:
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?
The lawyer ought to have issued a 7 days notice to the lady tenant and not a month notice. The lady is a squatter immediately she moved into that apartment. Your dad on the other hand could sue the landlord for breach of the terms of contract and claim his money plus even damages. He can also bring criminal charges against the landlord for criminal breach of trust. In which case you get the police to arrest him.
Your dad is entitled to his money or the apartment he paid for as agreed upon. He has no business with any 3rd party involved. A lawyer's advice.
Re: We Paid For An Apartment But Could Not Occupy It, Yet No Refund Made by glossy6(f): 10:48am On Apr 15, 2016
Montaque:
There isnt much issue here.
Get a lawyer to sue in breach of contract and for specific performance of the contract or refund of your money. make sure u use the undefended procedure when filing cos the landlord has no veritable reason why he didnt let u into possession.
I am just concerned about the time it will take, but u can just look for alternative and keep ur mind off the money n property till judgment.
Na so life in nigeria be.

That's the way i see it. There is a breach and i needed experts advice on the way forward but my husband is looking at the financial implications (being accountants ).

ringi82:

The lawyer ought to have issued a 7 days notice to the lady tenant and not a month notice. The lady is a squatter immediately she moved into that apartment. Your dad on the other hand could sue the landlord for breach of the terms of contract and claim his money plus even damages. He can also bring criminal charges against the landlord for criminal breach of trust. In which case you get the police to arrest him.
Your dad is entitled to his money or the apartment he paid for as agreed upon. He has no business with any 3rd party involved. A lawyer's advice.

Thanks

***modified

Should the lawyer be sued too?
Re: We Paid For An Apartment But Could Not Occupy It, Yet No Refund Made by toozheen(m): 10:56am On Apr 15, 2016
D notice required will depend on the duration of the tenancy/lease, as d case may be. I.e one month notice fr one month tenancy and 6months fr 1yr and above tenancy.....the 7days notice only comes after this statutory requirement has been met...makes it also mandatory.
ringi82:

The lawyer ought to have issued a 7 days notice to the lady tenant and not a month notice. The lady is a squatter immediately she moved into that apartment. Your dad on the other hand could sue the landlord for breach of the terms of contract and claim his money plus even damages. He can also bring criminal charges against the landlord for criminal breach of trust. In which case you get the police to arrest him.
Your dad is entitled to his money or the apartment he paid for as agreed upon. He has no business with any 3rd party involved. A lawyer's advice.
Re: We Paid For An Apartment But Could Not Occupy It, Yet No Refund Made by toozheen(m): 11:05am On Apr 15, 2016
I dont thnk d Undefended list wld be an available option, considering the state. Maybe Summary judgment fr a liquidated money demand....but u r very corrct abt d Breach of contract wink.
Montaque:
There isnt much issue here.
Get a lawyer to sue in breach of contract and for specific performance of the contract or refund of your money. make sure u use the undefended procedure when filing cos the landlord has no veritable reason why he didnt let u into possession.
I am just concerned about the time it will take, but u can just look for alternative and keep ur mind off the money n property till judgment.
Na so life in nigeria be.
Re: We Paid For An Apartment But Could Not Occupy It, Yet No Refund Made by alaskido(m): 11:50am On Apr 15, 2016
My sister, my sister, my sister. How many times I call you? You said your husband needs money and his present landlord has asked him to move out because he already to him that he has seen a new apartment. Please forget taking a lawyer as this will cost you some legal fees. Just accept the other woman apartment since the sewage has been dislodged. Tell the landlord to effect repairs and move in immediately. His rent can start counting from the day he moves in. Even if he has made enemies, they will become friends later.
Re: We Paid For An Apartment But Could Not Occupy It, Yet No Refund Made by Nobody: 1:01pm On Apr 15, 2016
glossy6:


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.




My husband signed an agreement but I don't think that the flat was indicated.



Madam, the mistake your husband made, was paying for a flat, yet to be repaired.. He would have changed the locks of the doors , especially the front door before any repairs take place as soon as payment was made... Dont wait till tmrw to change locks.. Change it instantly.. Then tell the landlord he needs to see the workers incharge of the repairs to.monitor their progress , instead of leaving it like that for the landlord to over see everything.
Thats where the problem started from.. As soon as you pay for an apartment ,remove the old locks and change to new locks.. Even landlord will not have access to the flat anymore except the people repairing damages done to the flat.. And someone from your end must monitor their work as they progress. Collect their phone numbers and let them call you or your husband anyday they want to work in the flat.
But because the flat was left open.. No one to protect what uv paid for, the next door neighbour capitalized on it.and moved in..
Note: always protect what you hold dear,orelse someonelse is waiting and watching by the side to snatch it from u..
The deed is done already, u have to take the other flat the lady left .
Its a pity.

2 Likes

Re: We Paid For An Apartment But Could Not Occupy It, Yet No Refund Made by ClassCaptain(m): 1:24pm On Apr 15, 2016
glossy6:

Thanks. There is much sense in your opinion.
I've tabled the options before hmmmm..... him
Re: We Paid For An Apartment But Could Not Occupy It, Yet No Refund Made by Nobody: 3:02pm On Apr 15, 2016
CAUTION
Do not try this if you are not COMMITTED- alternatively you can seek God's assistance in settling the matter

HOW TO SETTLE THIS MATTER IN 7 DAYS FLAT

WHAT YOU WILL NEED
1: 1 bowl of well water (ask anyone to fetch for you from any well)
2: Buy 1 coconut with enough water inside (when you shake it you will know if it has enough)
3: 1 Candle Stand 7 Red or 7 White Candles (I prefer Red but any white will work just as well) and 2 Gworo (Hausa Kola-nut)
4: 1 modu measure of sea salt
5: 1 white handkerchief (to clean sweat during prayers - no breeze or AC must quench the candle flame)
6: The name of the Landlord and the Tenant who moved into your house (First name or whatever nickname they are called by)

HOW TO GO ABOUT IT
1: look for a quiet room to perform this work, (it can be performed any time of the day except for the last exercise) no one must enter that room except you, no one must sweep that room until after 7 days
2: Drop one handful of salt into the bowl of well-water (it does not matter which hand you use) - have enough water to last 7 days (use a small jerrycan)
3: Sprinkle this water round the corners and entrance to that room - This must be done everyday for 7 days
4: Light one candle and place it in the stand. You will allow the candle burn out completely - careful not to place it near flammable objects
5: Break 2 kola-nut into 4 pieces and chew one piece casually while you recite prayer 1 3-times only (see prayer below). Keep the last piece for the 7th day (you may spit out the chaff into a rubbish bag and throw away)
6: When reciting the prayer, place the coconut on the floor and use any of your feet to roll it on the floor or kick it but do not break it. NOTE OF CAUTION!! Do not to break the coconut or your prayers are undone and the effect is placed on your family.
7: On the 7th day - choose a time (11pm before midnight is better but not after 12pm) choose a strong wall or rock (Bar-beach comes to mind) wrap the coconut in BLACK nylon bag and recite prayer 2 3 times (while chewing the last piece of Kola-nut). When done, pick a good distance and smash the coconut against the wall or rock - take care not to to let the coconut water splash on you or you will witness the effects instantly.
8: Keep chewing the last piece of kola-nut until finish and spit out the chaff. you may not drink any water until the next morning which will be just a few minutes away from when you started if you choose 11pm to start.

PRAYER 1 - to be said for 7 days (Once a day, 3 times)

xyz name i.e name of person or persons
You shall return what you have stolen in full
You joy shall be turned into sorrow
Your handwork shall not receive due payment or praise
Your shall fall into the hands of your enemies
Your matter shall be shaken and unsettled as the milk in this coconut
So have I said it, so it is

PRAYER 2 - to be said on the 7th day after breaking the coconut (3 times)
You shall not find the source of your problems as you cannot find the source of the milk in this coconut
So have I said it, so it is

THINGS TO CONSIDER
1: if you notice the coconut getting unusually heavy during the 7 days work (such that you are having difficulties carrying it) - pour some salt on it and it will immediately return to its normal weight.
2: If the coconut breaks on its own - sweep everything (all your work instruments) into a black nylon bag and throw it away - you will need to start from the beginning . PLEASE NOTE the coconut breaking into many pieces is a sign of protective charms (back2sender etc) used by your landlord or tenant. usually you will not have to touch it or use force... it will simply crack open on its own and you may notice that the liquid inside is brown or black. No need to worry, this will have no effect on you or your family.
3: The Purpose of the Kola-nut and the Coconut is this, The Kola-nut chaff will render any efforts at tracing the source of the problem extremely difficult and costly for any practitioner of the occult arts. in fact, they will prefer their client to choose a target instead. The coconut even makes it impossible to trace the source - they will have to find the source of the milk inside the coconut after it has been smashed and the water drained. The Coconut also serves as a breeding/incubation ground for curses - safe from outside interference
Re: We Paid For An Apartment But Could Not Occupy It, Yet No Refund Made by Montaque(m): 4:20pm On Apr 15, 2016
glossy6:


That's the way i see it. There is a breach and i needed experts advice on the way forward but my husband is looking at the financial implications (being accountants ).



Thanks

***modified

Should the lawyer be sued too?
sue the landlord and the woman in possession. the lawyer will defend them
Re: We Paid For An Apartment But Could Not Occupy It, Yet No Refund Made by Montaque(m): 4:24pm On Apr 15, 2016
toozheen:
I dont thnk d Undefended list wld be an available option, considering the state. Maybe Summary judgment fr a liquidated money demand....but u r very corrct abt d Breach of contract wink.
you are right.
the substance is the same tho. thumbs up.
Re: We Paid For An Apartment But Could Not Occupy It, Yet No Refund Made by chachazzy(m): 4:33pm On Apr 15, 2016
I pray not to find myself in this situation because I will never move to the other flat. It beats me why people will advice you to move to the other flat. The reason the woman left the flat has been remedied, why is she not moving back? Besides, had the man seen the other flat earlier, he might not like it and decide to took elsewhere. There is more to that other flat than meets the naked eyes, more reason I will never move to the flat.
You don't have any business with the other flat so they should quit telling you to wait until the other flat is taken before they can make refund, you never paid for the other flat in the first place and your rent was used to fix the flat you paid for. SMH.
I understand you are under intense pressure and financially unstable at the moment but accepting the other flat is not adviceable. A frog does not run in d day time for nothing, something must be after it.
So, either you get your full payment or
Get the police and arrest all the parties involved including the woman for wrongful tresspass. You ve already paid for the flat.
Sue for breach of contract and damages, emotional damages.
Trust me, when they see you ain't bluffing, they will pay up. Nobody likes court wahala, not even the said landlord abi lawyer. You just have to shine your eyes

1 Like

Re: We Paid For An Apartment But Could Not Occupy It, Yet No Refund Made by ringi82(m): 6:19pm On Apr 16, 2016
toozheen:
D notice required will depend on the duration of the tenancy/lease, as d case may be. I.e one month notice fr one month tenancy and 6months fr 1yr and above tenancy.....the 7days notice only comes after this statutory requirement has been met...makes it also mandatory.
Not in all cases. Remember she left her original premise which she contracted with the landlord and moved to another premise without the needed consent and approval of the landlord, thereby breaching the terms of her tenancy agreement.
By her actions she's now a Tenant at Will and only entitled to a 7 days notice.
Re: We Paid For An Apartment But Could Not Occupy It, Yet No Refund Made by ringi82(m): 6:46pm On Apr 16, 2016
glossy6:


That's the way i see it. There is a breach and i needed experts advice on the way forward but my husband is looking at the financial implications (being accountants ).



Thanks

***modified

Should the lawyer be sued too?
Nope, the lawyer is only acting as an agent to the landlord, hence he's only acting under the instructions of his principal. The real culprit here is the landlord.
Re: We Paid For An Apartment But Could Not Occupy It, Yet No Refund Made by Nobody: 7:38pm On Sep 02, 2016
glossy6:


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.




My husband signed an agreement but I don't think that the flat was indicated.



Nigeria never seizes to amaze me. Infact our home videos don't make up for the abundance of diff things that happen in our country.

Please Ma how did this end ?

Did you get your full payment back ? It's going to be a lesson if we knew how this sitution ended.

Share the gist !

1 Like

Re: We Paid For An Apartment But Could Not Occupy It, Yet No Refund Made by glossy6(f): 3:41pm On Sep 04, 2016
supersystems:




Nigeria never seizes to amaze me. Infact our home videos don't make up for the abundance of diff things that happen in our country.

Please Ma how did this end ?

Did you get your full payment back ? It's going to be a lesson if we knew how this sitution ended.

Share the gist !

My husband rented another apartment and moved in. He insisted on not moving to the apartment vacated by the other tenant and the landlord of the property involved refunded the money paid for the apartment but the agency and agreement fees were lost to the agent and the lawyer.
Re: We Paid For An Apartment But Could Not Occupy It, Yet No Refund Made by Nobody: 4:41pm On Sep 04, 2016
glossy6:


My husband rented another apartment and moved in. He insisted on not moving to the apartment vacated by the other tenant and the landlord of the property involved refunded the money paid for the apartment but the agency and agreement fees were lost to the agent and the lawyer.

Nice ending for one of the most surprising gist i've heard in my life. Nigeria never seizes to be a theatre of drama. It's good it ended well.
Re: We Paid For An Apartment But Could Not Occupy It, Yet No Refund Made by glossy6(f): 7:15am On Sep 05, 2016
supersystems:


Nice ending for one of the most surprising gist i've heard in my life. Nigeria never seizes to be a theatre of drama. It's good it ended well.

grin grin grin grin

Nigeria is full of intrigue

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