elbukaze:
Good Evening fellow Nairalanders, my
Landlord gave me 7 days quit notice to vacate his
building a day after my house rent expired, I
was hoping to renew the rent on Monday,

Please I want to reply him telling him that I
pay rent annually and therefore can't be given
a week to vacate his building, please can any
lawyer in the house help me to compose such
a letter.

Thank you.

Can you perfect my brief?

Pushas:
Go get a good lawyer

If he had money for a good lawyer, he would have paid his house rent.

I don't know why people are so wicked.
You will live in somebody's house, you no-go save money for your house rent.

This is what happened to my Dad. One of his tenants failed to pay and when he was given 1month quit notice, he started blabbing saying my Dad should give him at least 6month notice even after there was a tenant landlord agreement that whoever fails to pay should leave within a month of which he signed and my dad has a copy.

He even threatened to sue my Dad If he is not given 6month notice.

When it was clear to him that Daddy is not the type of snake he could kill with a walking stick, he started begging him to give him some time to pay.


Bros go and pay your house rent, if you don't have money, then look for smaller house to pack in, as simple as that.

Your landlord is definitely not running a charity organization .

Now listen to this piece of advice, it will help you a great deal.

If you house rent will be paid on December, start saving money from January, before December comes, the money will be complete.

Its only a planless individual that owes his landlord

If this was a law school question, many people here would fail woefully Did you all not see where his tenancy has expired. Since the lease has not been renewed, he is NO LONGER a yearly tenant but a tenant at will.
Most importantly. No one here, myself included, knows Nassarawa tenancy laws.....if one exists.....We are just going with Lagos standard. How can we even be arguing when we don't know Nasarawa's stipulation.

F9!!!!

OP, if you are a yearly tenant and ur rent is in arrears and remains unpaid, you are automatically now a tenant-@-will who is only entitled to One week Quit Notice and not 6 months Quit Notice. We have the Supreme Court of Nigeria decided case of :Odutola Vs. Papersack Limited. But if there is a Tenancy Agreement signed by u and ur landlord, the duration of the quit notice to be issued to determine the tenancy contained therein subsists

DesChyko:
You didn't give details of your tenancy agreement. Was there any clause like 'one-year certain' or 'eviction if you do so-so'?

If there isn't, you have a case. Reply the lawyer, telling him that under Tenancy Laws, you are entitled to six months notice as long as you pay yearly. If he plays stubborn, get a lawyer.

Instead of advising him to pay his rent as soon as possible to avoid problems you are here telling him to get a lawyer, with which money?

Person wey no pay his rent, na lawyer him go get?

Una too like wahala

Mitsurugi:
Hello, please check your Tenancy Agreement. If it has the words TERM CERTAIN then I'm sorry by law all the landlord is required to give you is seven days. If the words don't feature then as a yearly tenant you are entitled to six months notice. Even if you are a tenant at will. There are decided cases up to the Supreme Court on this issue. You should have had a lawyer read your agreement before signing. It's usually a land mine set by lawyers for ignorant tenants. I rescued a lady recently from signing such an agreement recently. The best you can do is plead with your landlord for an extended time which he may generously give. If not he is backed by law. Check your Tenancy Agreement.

You right bro, but the document is intended as a quit notice, to terminate a landlord-tenant relationship. If there is a tenancy agreement which states that the tenancy is for a term certain, then on the arrival of the expiry date, the tenancy relationship comes to an end and there is therefore no need to terminate the tenancy by a quit notice, as it has already come to an end. What should only be served on the tenant is a seven days notice of owner's intention to apply to court to recover possession. Therefore service of a quit notice in this circumstances shows that the relationship of the parties still exists and it quit notice would therefore be invalid, if the tenancy is an annual one. See the authority of Tinuola V. Okon.

elbukaze:
Good Evening fellow Nairalanders, my
Landlord gave me 7 days quit notice to vacate his
building a day after my house rent expired, I
was hoping to renew the rent on Monday,

Please I want to reply him telling him that I
pay rent annually and therefore can't be given
a week to vacate his building, please can any
lawyer in the house help me to compose such
a letter.

Thank you.

. You are ought to be given a Notice to Quit and not a quit notice. Tell them you don't know what they are talking about.

Basalt:


Instead of advising him to pay his rent as soon as possible to avoid problems you are here telling him to get a lawyer, with which money?

Person wey no pay his rent, na lawyer him go get?

Una too like wahala

The issue here is not paying rent. If I remember correctly, he intends to pay the following week. The issue here is the eviction notice. Perhaps if he exercises his rights, the landlord will consider accepting his rent payment, however late, instead of losing six months due to his ignorance of the law. Note that other landlords that may be planning such evil against tenants will learn from such silly tricks.

martin22:
OP, if you are a yearly tenant and ur rent is in arrears and remains unpaid, you are automatically now a tenant-@-will who is only entitled to One week Quit Notice and not 6 months Quit Notice. We have the Supreme Court of Nigeria decided case of :Odutola Vs. Papersack Limited. But if there is a Tenancy Agreement signed by u and ur landlord, the duration of the quit notice to be issued to determine the tenancy contained therein subsists

With due respect to your noble self, that's not what Odutola's case says; what Odutola says is not a general sweeping principle; it's case-dependent. What is says is that if the tenancy is by parole, then the tenant can never be a tenant-at-will upon the expiration of the tenancy and the tenant is in arrears of rent; because wat makes a contractual tenant revert to a tenant-at-will is a written tenancy agreement, specifying the commencement and expiration of the tenancy.

adecares:

se alausa dey nasarawa ni?

e go surprise u o

elbukaze:
Good Evening fellow Nairalanders, my
Landlord gave me 7 days quit notice to vacate his
building a day after my house rent expired, I
was hoping to renew the rent on Monday,

Please I want to reply him telling him that I
pay rent annually and therefore can't be given
a week to vacate his building, please can any
lawyer in the house help me to compose such
a letter.

Thank you.

Just smile and take it to court or appropriate agencies, it is illegal to give an indiscriminate eviction and even if it is legal, it must be at least six solid months.

Basalt:


If he had money for a good lawyer, he would have paid his house rent.

I don't know why people are so wicked.
You will live in somebody's house, you no-go save money for your house rent.

This is what happened to my Dad. One of his tenants failed to pay and when he was given 1month quit notice, he started blabbing saying my Dad should give him at least 6month notice even after there was a tenant landlord agreement that whoever fails to pay should leave within a month of which he signed and my dad has a copy.

He even threatened to sue my Dad If he is not given 6month notice.

When it was clear to him that Daddy is not the type of snake he could kill with a walking stick, he started begging him to give him some time to pay.


Bros go and pay your house rent, if you don't have money, then look for smaller house to pack in, as simple as that.

Your landlord is definitely not running a charity organization .

Now listen to this piece of advice, it will help you a great deal.

If you house rent will be paid on December, start saving money from January, before December comes, the money will be complete.

Its only a planless individual that owes his landlord

Go and hansk the bankers who recently lost their job; they are so planless, ryt?

teeiabee:
I am a lawyer and you can hire my services. Call me on 08186401446..

Shut up!
Charge and bail lawyer like you.
No go look for better thing to do order than trying to support a lazy a** to start making trouble with his landlord

DavidEsq:

Go and hansk the bankers who recently lost their job; they are so planless, ryt?

So all these while they have been walking, they couldn't save any money right?

Ignore anyone telling yu that yu are required to be served 6 months quit notice. The Supreme Court in the locus classicus case popularly known as Paper Sack stated that if ur tenancy expires today, yu are automatically moved from the position of a statutory tenant protected by law to a tenant-at-will meaning ur stay on the property is subject to ur landlord's will.

Yu are protected and required to be served with a 6 months notice ONLY when ur tenancy is still running before its expiration.

I advised that yu call that number on the letterhead and talk to the lawyer instead. He can talk to the landlord. I also suggest yu go to the lawyer with the complete rent and he will issue yu with his own receipt.

If the matter gets to court, the quit notice can be rejected in evidence because it was prepared by a lawyer (looking at the letterhead). In the recent case of Sarkin Yaki, the Supreme Court stated that all processes prepared by lawyers MUST have a seal of such lawyer. The process yu displayed doesn't have a seal and therefore incompetent.

This notice served on yu is not the only process to be served. 7 days after the quit notice, yu will be served with a document called 'Notice of Owner's Intention to Apply to Recover Possession' which will take 7 days too and thereafter yu will be served with the Writ with a date to appear in court. That's not all. Ur landlord must come and testify and bring witnesses if any and thereafter yu will be given a date to also defend the action. Generally and all things being equal, it will take about 3 months or more to complete this but ur stay after ur notice expired is not free as ur rent will be computed and yu pay for the months yu stayed.

No matter what the rent agreement stated, the Landlord and Tenancy Law provides what are the terms of a tenancy. Its not just anyhow. Even a squatter is entitled to the same notices.

Thats my advice and observations. Am a practising lawyer but based in Jos so I can't help yu from afar.

Basalt:


So all these while they have been walking, they couldn't save any money right?

What have u saved so far? And with what job?

elbukaze:
Good Evening fellow Nairalanders, my
Landlord gave me 7 days quit notice to vacate his
building a day after my house rent expired, I
was hoping to renew the rent on Monday,

Please I want to reply him telling him that I
pay rent annually and therefore can't be given
a week to vacate his building, please can any
lawyer in the house help me to compose such
a letter.

Thank you.

Purplesummer's comment is very apt. She simply hit the nail on the head. However let me add my own comment.

1. The Solicitor can in law give you 7 days notice to quit if your rent has expired.

2. After the expiration of the 7 days notice to quit, the law requires the solicitor to give you another notice which is usually referred to as notice of owner's intention to recover possession.

3. This current notice is defective as aptly stated by Purplesummer.

4. The notice was signed by the Landlord whose name was not disclosed in the entire notice. This is another defect. The solicitor should have signed the notice himself.

5. I adopt the recommendation of Purplesummer only if you are versed in the law or willing to brief a law to conduct your defence.

6. In the alternative, you may buy time by writing the solicitor pointing out these defects in the notice. The solicitor will withdrew the notice and may accept the rent from you.

RichYoungNigger:
Without reading the story i knew it was in Nigeria.

Here, it takes 1 year and 2 months to evict a tenant from your house, and those 1 year and 2 months is without rent.

Telling your tenant to vacate within 1 week only happens in a lawless country

clearly you do not own a building and prolly doesn't know what it takes to own one. Just put yourself in the position of the landlord and your tenant is living in your house FOC for a year+ in which you might have recovered some of your investment with that period..that's brutal.

.

And every e-diots on this thread is shouting "get a good lawyer" na sandsand he go take pay lawyer abi my brother Elbukaze, since you have the money and already planned to pay on Monday I advise you to just meet your landlord and let him know you're paying on Monday. There's no need causing unnecessary trouble for yourself..life is too short sir.

elbukaze:
Good Evening fellow Nairalanders, my
Landlord gave me 7 days quit notice to vacate his
building a day after my house rent expired, I
was hoping to renew the rent on Monday,

Please I want to reply him telling him that I
pay rent annually and therefore can't be given
a week to vacate his building, please can any
lawyer in the house help me to compose such
a letter.

Thank you.

On Monday, take that letter and head for any Magistrate court in you jurisdiction with you tenancy agreement (if any) and proof of payment of last rent and seek for an injunction barring the Landlord from evicting you.

However, I wonder how safe you will be living in that property. Nigerians are vicious to be honest. Make dem no come kill you for night

First, I don't think any qualified legal practitioner would respond to your post 'cos nairaland is not where to receive brief.

Second, I want to believe the Lawyer has served you a Notice to Quit before this 7 days notice or he acted reasonably on the belief that he has.

Third, it's legitimate to serve 7days notice if you're a tenant at "Will" then u don't deserve any further long date. Before crying foul go and read the tenancy agreement u signed maybe you are one of those who accept without reading the terms carefully.

DavidEsq:

What have u saved so far? And with what job?

I just came back from NYSC, and let me shock you that I have more than #400k in my first bank account.
I saved 60k from NYSC alone even after buying my phone (infinix note 2, 2gb ram) which I bought 46k.

I am good in savings bro.
I have never worked apart from the work I did during my IT, but the little one my Dad gave me while in school, I saved much of it

RichYoungNigger:
Without reading the story i knew it was in Nigeria.

Here, it takes 1 year and 2 months to evict a tenant from your house, and those 1 year and 2 months is without rent.

Telling your tenant to vacate within 1 week only happens in a lawless country

Stop saying that. Nigeria is not lawless for now, just not law-abiding. The laws are just dormant, you need to invoke them to action by pressing charges.

@OP. Take your matter go your state secretariat, you will find someone to direct you to the right place. They have no right to evict you without a court order.

If they evict you illegally, you are at advantage to show them "pepper" by going to court. You dont need to pay for lawyer. You state will provide a lawyer for you.

I think ministry of Justice in dat state can be of help to you if dey have good one over dia

If you are 'within' the period of your tenancy and your landlord want to reposess he/she must give you a minimum of six months. what landlords do is to let the six months end with the period of your term so they do not lose. A different case however if you are owing. You have 7 days to pay from the end of your last tenancy date else you have to move out. If you had preinformed your landlord of your monday date this would not have happened. Go see your landlord as it can still be reversed afterall he wo still let it out. Don't take him for grauldnted again. Cheers

Tenants will know their rent will expire they wont pay when due and they wont talk to the landlord to explain and have a form of informal agreement.

Some will do as if they have forgotten they should pay rent and some even live with the landlords they wont evem say anything do they expect the landlord to start begging them for rent. See your landlord and explain if you have any financial difficulty they wont how will the landlord know you intend to pay soon.

My mum had to start writing reminders to tenants about 2 months before their rent elapses because some seem to "forget" that their rent is due.
When the landlord acts they say he is wicked.



I have seen someone saying she wont pay her rent and the landlord will be forced to give her quit notice and she will use 6months free before leaving I guess the landlord didnt know that it may not be applicable whenyour tenancy has expires. Is that fair

...and his office is even located in brown house... Mtcheeewww

brunofarad:
Interesting



What does he mean by 7days ?
It is not done my brother.....





Unless there's more to the story.....
Because humans are always fond of telling only one side of a story.......THEIR OWN SIDE tho
























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Yes, in real estate law once your rent is not paid within stipulated period even if it is a day extended you a having a grace of seven days. It's just that many don't familiar with all these laws and you here someone with arrears rent claiming 6months quit notice

jayriginal:


Sounds like a lie to me. Where in the world does a tenant stay free of charge (for 14 months no less) because the landlord is evicting him?

USA

edlion57:
Before i gv u my little advise. ..
Do u hv the tenancy agreement
Do u hv the copies of ur payment slip
My brother if u hv all dis go and sleep ...he is talkn nonsense. ..and plz meet him first and hear form him and besides don't renew ur house rent yet

what if he doesn't have tenancy agreement but have payment receipt? What will he do?