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Does Landlord Have Right To Break And Enter Tenant's Flat? - Properties (3) - Nairaland

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Re: Does Landlord Have Right To Break And Enter Tenant's Flat? by inspiredlegal: 8:23am On Jan 21, 2017
If the story is anywhere near truth, tenant definitely has a case. @spongebob0006, had nailed it, the tenant does not only have a case going by Lagos tenancy law but in all jurisdiction of the federation. As earlier posited, if the story is anywhere in reality, the tenant should get a lawyer, i can assure him of judgement thus damages.
Re: Does Landlord Have Right To Break And Enter Tenant's Flat? by schoolmaster: 8:32am On Jan 21, 2017
lawyers in d house shd help with all d necessary constitutional backings to support any legal action against d landlord
Re: Does Landlord Have Right To Break And Enter Tenant's Flat? by Nobody: 8:33am On Jan 21, 2017
Landlords are entitled to own a spare key and can go in and out of the house,but can't take or leave anything from the house without informing the tenants first.it's his bloody house for Bleep sake.
Re: Does Landlord Have Right To Break And Enter Tenant's Flat? by Dinocarex(m): 8:37am On Jan 21, 2017
How can a Landlord enter a Tenant's apartment without tenant's consent.
Just Sue for 'Trespass'!!
That's absolutely rubbish
Re: Does Landlord Have Right To Break And Enter Tenant's Flat? by Dinocarex(m): 8:42am On Jan 21, 2017
euromilion:
Landlords are entitled to own a spare key and can go in and out of the house,but can't take or leave anything from the house without informing the tenants first.it's his bloody house for Bleep sake.

What are you saying?? The only time a Landlord can enter the tenant's house without consent can ONLY be done with court consent! It is totally unlawful! Infact, in law, the tenant will sue for trespass!
If it is bloody house, the tenant paid for the house so, the tenant has a leasehold interest of the house till the expiration of the tenancy period!!
BTW, I am Estate Manager (B.Tech).. I know what I'm saying, there is no way, the Landlord can win in the court of law if he was sued.
Re: Does Landlord Have Right To Break And Enter Tenant's Flat? by Dinocarex(m): 8:44am On Jan 21, 2017
schoolmaster:
lawyers in d house shd help with all d necessary constitutional backings to support any legal action against d landlord

Sue for Trespass!
A tenant holds what is called a 'Leasehold interest' of the apartment till the expiration of his tenancy period. The only way, a landlord can enter tenants house is by 'Court injuction'. There was no court injunction.. So, you can sue for 'Trespass of your Leasehold Interest'
Re: Does Landlord Have Right To Break And Enter Tenant's Flat? by chibuzorAbia: 8:50am On Jan 21, 2017
ybalogs:
Landlord can never have such a right on his tenant. In fact,if any landlord tries that with me all the money lost by my friends and families to MMM will be refunded by his whole family.What Rubbish.

Yes, but you can't just claim I had N1 million in that room. Mba! You have to provide concrete evidence that indeed you had N1m in the room.
Re: Does Landlord Have Right To Break And Enter Tenant's Flat? by chibuzorAbia: 8:56am On Jan 21, 2017
ceejay80s:


She should be reported to the police, what kind of nonsense is that, thst house belongs to u until u pack out, I trust myself, I go tell police say 4million dey lost inside, when dey pay me ,I go take the money go rent another house, this is why I change my house key locks every 6months

Ok you can tell the police whatever you like. In court you will have to provide evidence of the source of the money like bank statement and your withdrawal slips. Otherwise the landlord will get you charged for perverting the course of justice, lying to the police and attempted fraud. Your go suffer en!
Re: Does Landlord Have Right To Break And Enter Tenant's Flat? by homesteady(m): 9:07am On Jan 21, 2017
I don't think the wife did it out of malice, as many have alluded here, she might be someone that is not exposed!

You should have told her off immediately she told you!
Re: Does Landlord Have Right To Break And Enter Tenant's Flat? by Nobody: 9:13am On Jan 21, 2017
Benz4pimp:
Only an illiterate will let such pass.....If Na me,that is the end of that landlord,he will be worshiping me till he dies

mumu you think u are God. if na me you dies first . all heads are not graced same by God.

The landlord may have done it in ignorance but in naija everything is done zagazazaga. most of you here talking can't do nothing. una know law this much & yet your leaders loot you dry & turned you to fools & religious hypocrites?

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Re: Does Landlord Have Right To Break And Enter Tenant's Flat? by busmagnate: 9:14am On Jan 21, 2017
engrMikemd:
he owns d god damn house and he does whatever he likes

Sometimes is better to just read and learn than .......
Re: Does Landlord Have Right To Break And Enter Tenant's Flat? by effty(m): 9:23am On Jan 21, 2017
akintom:


I once heard a judge (in a private conversation) said that, the landlord can't be charged/convicted for "breaking and entering", because he owns the house.
A judge like Ademola or Ofili you mean?
Re: Does Landlord Have Right To Break And Enter Tenant's Flat? by Nobody: 9:24am On Jan 21, 2017
If the matter is in Lagos, whatsapp Prince And Princess Charles Offokaja Foundation, a Human and Consumer Rights NGO on 09098846085 immediately for remedy to this injustice.

1 Like

Re: Does Landlord Have Right To Break And Enter Tenant's Flat? by spongebob0006(f): 9:25am On Jan 21, 2017
jidxin:
nice 1 u tackled it rightly
tanx tanx
Re: Does Landlord Have Right To Break And Enter Tenant's Flat? by josite: 9:33am On Jan 21, 2017
yes ,if his investment is threatened like u keep petrol in your flat and there is fire nearby or he suspect you have in your flat what he doesnt want on his premises.u must realize that we lawyers sometimes advises a lawyer to take extreme steps after factoring in the fact that the tenant may go to court and get damages against the landlord which the landlord is willing to pay .quite often a landlord will have to show the tenant he owns the house and no matter what the cost might be.atimes a landlord should be ready to pass a message to a violent tenant.even d scriptures says when the kingdom of GOD SUFFERS VIOLENT,THE VIOLENT takes it by force.

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Re: Does Landlord Have Right To Break And Enter Tenant's Flat? by HolyTitus(m): 9:41am On Jan 21, 2017
It's a real criminal offence to have access on one's protected property without one's knowledge... You should go get the Landlord arrested, with no delay... Then level charges against him that you couldn't find the #500K you'd planned to add with some money in your bank account to get your own piece of land... Let's now see who will win the case !!!
Re: Does Landlord Have Right To Break And Enter Tenant's Flat? by no1madman(m): 9:48am On Jan 21, 2017
chibuzorAbia:


Yes, but you can't just claim I had N1 million in that room. Mba! You have to provide concrete evidence that indeed you had N1m in the room.
No mind Dem. .in some situation d judge go embarrass d tenants. Judges dey very wise . .talking from experience. .
Re: Does Landlord Have Right To Break And Enter Tenant's Flat? by bettercreature(m): 9:51am On Jan 21, 2017
This poster is not telling the truth,he is probably owing the landlord
Re: Does Landlord Have Right To Break And Enter Tenant's Flat? by yedidiah(m): 9:56am On Jan 21, 2017
I remember as an undergraduate looking for accommodation. I got a place with my friend but the landlord told us part of his rules is that he gets a key to our apartment just like all his other tenants.
His reason: When my tenant go on holiday, I check to ensure their properties are intact and all that.

But if I hear....

Landlord doesn't have the right to enter your apartment in your absence except in a situation where his building is under threat; like in the event of a fire or flood.
Re: Does Landlord Have Right To Break And Enter Tenant's Flat? by MrCyril(m): 9:58am On Jan 21, 2017
akintom:
A yearly tenant, who is occupying a three bedroom flat in a compound, that has another three bedroom flat occupied by the landlord and his family in the same compound.

The tenant has 3 months to the expiration of his rent. The tenant returned from a one week try trip, only to discover that his flat had been opened and strange properties packed in.

On enquiry from the landlord, the landlord's wife replied by saying - "don't be angry, one of my children had issues with his accommodation, therefore i packed his properties into your flat".

The tenant then asked how they gained entry (there's no sign of forceful entry), the landlord's son said - "i tried calling you, but no network connection, i then got a master key to open your door".

QUESTION :

What legal action(s) can be instituted against the landlord by the tenant?
you can arrest the landlord and charge him to court for tresspass, breaking and entering, bridge of contract and some othet charges the prosecutor and ur lawyer can cook up
Re: Does Landlord Have Right To Break And Enter Tenant's Flat? by KingRex1(m): 9:58am On Jan 21, 2017
So far the tenant didn't go against any of the tenancy agreement, the landlord has no right to do so.

Meanwhile, taking a legal action upon the matter in this naija failed system would be catastrophic. This would cause the landlord to eject you afterwards, giving you a quit notice (by legal means) and possibly your rent balance.

If you must use legal proceedings it should be by arbitration or any other alternative dispute resolution method.

Simplest and most amicable way to solving this is by speaking to the Landlord reasonably but politely.
Re: Does Landlord Have Right To Break And Enter Tenant's Flat? by Augustine10(m): 9:59am On Jan 21, 2017
yedidiah:
I remember as an undergraduate looking for accommodation. I got a place with my friend but the landlord told us part of his rules is that he gets a key to our apartment just like all his other tenants.
His reason: When my tenant go on holiday, I check to ensure their properties are intact and all that.

But if I hear....

Landlord doesn't have the right to enter your apartment in your absence except in a situation where his building is under threat; like in the event of a fire or flood.

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Re: Does Landlord Have Right To Break And Enter Tenant's Flat? by segzyogondus(m): 10:00am On Jan 21, 2017
If according to Law the landlord has a right to enter the flat of his tenant cos he owns the house then he won't have rented the house to the tenant in the first place cos he payed to rent the place not like he is living there for free..... So if a landlord gives out a shop to me I would come and find out he entered cos he owns the shop.... Any land lord wen try am enter my flat or shop we go get better problem ooooo so make some landlord dey use their brain cos there are some no nonsense tenants especially in Naija...
Re: Does Landlord Have Right To Break And Enter Tenant's Flat? by onyidon22(m): 10:03am On Jan 21, 2017
Re: Does Landlord Have Right To Break And Enter Tenant's Flat? by delishpot: 10:04am On Jan 21, 2017
akintom:


I once heard a judge (in a private conversation) said that, the landlord can't be charged/convicted for "breaking and entering", because he owns the house.

If he did not rent out the house then yes. If there was an emergency like fire outbreak, drainage leakage etc then yes.... But breaking and entry for flimsy excuse? NO
Re: Does Landlord Have Right To Break And Enter Tenant's Flat? by YesNo(m): 10:05am On Jan 21, 2017
MARKone:
Did you say that rent is yet to expire. Ps tell the tenant to start looking for the 800k he put under the drawer, the one in a brown paper bag. If he doesn't see it, he should report straight to the police.

800k? what happened to the 9 sets of 24k gold millipede pattern chains and the 9 gold wrist bands to match and the 9 Diamond crusted gold earrings to match... the ones he kept under the kitchen sink? ATM card plus the little diary containing phone numbers and ATM + online banking passwords ?

who wants to be a millionaire with lifetime free accommodation?
Re: Does Landlord Have Right To Break And Enter Tenant's Flat? by chibuzorAbia: 10:06am On Jan 21, 2017
segzyogondus:
If according to Law the landlord has a right to enter the flat of his tenant cos he owns the house then he won't have rented the house to the tenant in the first place cos he payed to rent the place not like he is living there for free..... So if a landlord gives out a shop to me I would come and find out he entered cos he owns the shop.... Any land lord wen try am enter my flat or shop we go get better problem ooooo so make some landlord dey use their brain cos there are some no nonsense tenants especially in Naija...

Chest beating! You and your children plus your goods in the shop will end up on the street! It is people like you that I love dealing with - when you come back with your guarantor to BEG! One even brought the so called Eze Ndigbo with him to beg beg!
Re: Does Landlord Have Right To Break And Enter Tenant's Flat? by Omonoba1: 10:07am On Jan 21, 2017
euromilion:
Landlords are entitled to own a spare key and can go in and out of the house,but can't take or leave anything from the house without informing the tenants first.it's his bloody house for Bleep sake.
Dont say what you don't know... So that he is the landlord gives him the right to go in and out of a tenant's apartment as he pleases?? Then, where is the privacy?? That means you guys can have little misunderstanding and he will poison your food at any given time...

I won't condone such from any landlord...

@OP just ask them to pack the things out and warn them sternly.. Then, change the locks..
Re: Does Landlord Have Right To Break And Enter Tenant's Flat? by delishpot: 10:08am On Jan 21, 2017
inspiredlegal:
If the story is anywhere near truth, tenant definitely has a case. @spongebob0006, had nailed it, the tenant does not only have a case going by Lagos tenancy law but in all jurisdiction of the federation. As earlier posited, if the story is anywhere in reality, the tenant should get a lawyer, i can assure him of judgement thus damages.


Lets hope he has money for lawyer and also enough money to move out.
Re: Does Landlord Have Right To Break And Enter Tenant's Flat? by Omonoba1: 10:09am On Jan 21, 2017
chibuzorAbia:


Chest beating! You and your children plus your goods in the shop will end up on the street! It is people like you that I love dealing with - when you come back with your guarantor to BEG! One even brought the so called Eze Ndigbo with him to beg beg!
you talk like an ignoramus..
Re: Does Landlord Have Right To Break And Enter Tenant's Flat? by Crieff(m): 10:10am On Jan 21, 2017
2sa2:
you are an illiterate.

A superlative one at that.

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