Should The Tenant Who Is Served A Quit Notice Still Pay The Landlord? - Properties - Nairaland
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| Should The Tenant Who Is Served A Quit Notice Still Pay The Landlord? by ipeg34yahooco: 4:55pm On Jan 19, 2018 |
The question always arises in many quarters, should a tenant pay rent even after being served a quit notice? Surprisingly, a lot of people have this wrong notion that a quit notice automatically means no more payment to the Landlord. The position of the law in Nigeria however requires a tenant to pay for even a day not covered by a subsisting rent. This is what is known in law as MESNE PROFIT. Mesne profit simply means the profit which a landlord can recover from a tenant whose tenancy has ended but who still resides in the property till the date he gives up possession. There are two main scenarios to consider in order to determine if a tenant who is served a quit notice is expected to pay mesne profit or not. The first scenario is when the quit notice is served while the rent paid by the tenant is still subsisting. So, let’s say Mr. Kekere is a yearly tenant who has paid his rent to cover January to December 2017 and the law states that a yearly tenant must be given 6 months quit notice. Mr. Wada, who is the landlord, in compliance with the law serves Mr. Kekere a quit notice from 1st of July to 31st December 2017. If Mr. Kekere vacates the property by 31st of December, he is not required to pay any money since his rent was still subsisting when he was served the quit notice. The second scenario is when the quit notice is served after the expiration of the tenant’s rent. So let’s say this time around, Mr. Kekere was served a quit notice from 31st of December 2017 to 30th of June 2018,even though his rent expires that same December 2017.The period between January to June 2018 which is not covered by the 2017 rent and any other extended period as a result of a court proceeding to eject Mr. Kekere must be paid for by Mr. Kekere.It simply means, Mr. Wada can recover mesne profit from Mr. Kekere for any period he is still in possession after the expiration of the quit notice until he moves out. The law will not allow a tenant stay in another person’s property for even a day without paying for it .The tenant is still obligated to pay even during period of court proceedings and during the period the court grants judgment ordering the tenant to vacate the property. In reality however, it is very difficult for a landlord to recover mesne profit because in most cases the tenant would have vacated the premises to a location unknown to the landlord before the court delivers judgment or the landlord is more concerned with recovering his property from the tenant than recovering any mesne profit. So, should a tenant pay a landlord for a period not covered by a subsisting rent even after being served a quit notice? The answer is a big YES! 36 Likes 4 Shares
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| Re: Should The Tenant Who Is Served A Quit Notice Still Pay The Landlord? by laudate: 7:59pm On Jan 19, 2018 |
ipeg34yahooco: God will bless you, o!  That 'yeye tenant that was boasting about how he will continue to stay for free inside my house, is in trouble. Wait first....let me print out your post, and wave it under his nose!!  62 Likes 3 Shares |
| Re: Should The Tenant Who Is Served A Quit Notice Still Pay The Landlord? by ipeg34yahooco: 6:44pm On Jan 20, 2018 |
laudate: Amen.Really, what a lot of tenants need is just an education on the true position. All the best with your tenant. 8 Likes 1 Share |
| Re: Should The Tenant Who Is Served A Quit Notice Still Pay The Landlord? by jerflakes(m): 8:42pm On Jan 20, 2018 |
Quit notice will be given 6months after your rent expires The 6months are rent free 45 Likes 2 Shares |
| Re: Should The Tenant Who Is Served A Quit Notice Still Pay The Landlord? by ipeg34yahooco: 8:54pm On Jan 20, 2018 |
jerflakes: That's a misconception.No where is that provided for in the Nigerian law 67 Likes 1 Share |
| Re: Should The Tenant Who Is Served A Quit Notice Still Pay The Landlord? by jerflakes(m): 9:06pm On Jan 20, 2018 |
ipeg34yahooco: You have a 6-month notice You know nothing about property law 34 Likes |
| Re: Should The Tenant Who Is Served A Quit Notice Still Pay The Landlord? by MrMcJay(m): 12:42am On Jan 21, 2018 |
jerflakes: Stop peddling ignorance. You're entitled to 6 months notice BEFORE your rent expires. Once it has expired, you're entitled to only 7 days. Go and check Section 18(5) of the Lagos State Tenancy Law 2011 or similar legislation in your state. If you like, sit tight in the property once the 7 days have lapsed, you'll pay Mesne profit for every extra day spent on the property in addition to your expenses for a lawyer to defend you. 104 Likes 8 Shares |
| Re: Should The Tenant Who Is Served A Quit Notice Still Pay The Landlord? by laudate: 4:49pm On Jan 21, 2018 |
MrMcJay: Hehehe.... I love this!  cc: lalasticlala, please this deserves to be on front page! 8 Likes |
| Re: Should The Tenant Who Is Served A Quit Notice Still Pay The Landlord? by ipeg34yahooco: 6:44pm On Jan 21, 2018 |
MrMcJay: |
| Re: Should The Tenant Who Is Served A Quit Notice Still Pay The Landlord? by ipeg34yahooco: 6:49pm On Jan 21, 2018 |
[quote author=MrMcJay post=64377993] Stop peddling ignorance. You're entitled to 6 months notice BEFORE your rent expires. Once it has expired, you're entitled to only 7 days. Go and check Section 18(5) of the Lagos State Tenancy Law 2011 or similar legislation in your state. If you like, sit tight in the property once the 7 days have lapsed, you'll pay Mesne profit for every extra day spent on the property in addition to your expenses for a lawyer to defend you. Good response.I couldn't have done it better 7 Likes |
| Re: Should The Tenant Who Is Served A Quit Notice Still Pay The Landlord? by Sandrich2020: 4:16am On Apr 19, 2019 |
[quote author=jerflakes post=64372999] Quit notice will be given 6months after your rent expires The 6months are rent free There is a measure of truth in this. You are not meant to pay any rent once a quit notice is served. The months thereafter are free. I have never seen anyone pay an extra kobo during the period of a quit notice after the rent expiry in lagos. 11 Likes |
| Re: Should The Tenant Who Is Served A Quit Notice Still Pay The Landlord? by laudate: 9:27pm On Apr 19, 2019 |
Sandrich2020:Anyone who does not pay rent after receiving a quit notice, is a crooked and corrupt individual. His action is against the law. The fact that you have not seen people paying rent after getting a quit notice, does not mean that their actions are right. In fact, what they are doing is very wrong. 33 Likes 1 Share |
| Re: Should The Tenant Who Is Served A Quit Notice Still Pay The Landlord? by Ryabcool(m): 1:42pm On Nov 18, 2019 |
FP please! |
| Re: Should The Tenant Who Is Served A Quit Notice Still Pay The Landlord? by sweetonugbu: 7:24am On Nov 19, 2019 |
Following |
| Re: Should The Tenant Who Is Served A Quit Notice Still Pay The Landlord? by Pidginwhisper: 7:24am On Nov 19, 2019 |
 bug |
| Re: Should The Tenant Who Is Served A Quit Notice Still Pay The Landlord? by immaculate1234(m): 7:24am On Nov 19, 2019 |
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| Re: Should The Tenant Who Is Served A Quit Notice Still Pay The Landlord? by nairalee(m): 7:24am On Nov 19, 2019 |
Well, most of these laws just exist in Nigeria but aren't implemented. Most landlords don't even give 6 months notice. Any small issue "PARK OUT OF MY HOUSE TODAYYYYY" It's worse for tenants that stay in the same compound with the landlord. 9 Likes |
| Re: Should The Tenant Who Is Served A Quit Notice Still Pay The Landlord? by jaxxy(m): 7:25am On Nov 19, 2019 |
Noooo! If he pays how will he pay for his new place It is the sacrifice the landlord has to bare for ejecting a tenant unduly and it’s only fair. Tenant shud be protected from harsh landlords or vice versa. U cannot eject a tenant abruptly, if u must eject a tenant u must give him 6months notice while his rent is still on. After 6months expiration he must pay for any further period till he leaves. If he doesn’t pay u can enforce his eviction after that period. Simple! 26 Likes 1 Share |
| Re: Should The Tenant Who Is Served A Quit Notice Still Pay The Landlord? by sotall(m): 7:25am On Nov 19, 2019 |
No |
| Re: Should The Tenant Who Is Served A Quit Notice Still Pay The Landlord? by loadedvibes: 7:25am On Nov 19, 2019 |
Yes sir... It's a notice to quit not otherwise |
| Re: Should The Tenant Who Is Served A Quit Notice Still Pay The Landlord? by Nyamiri: 7:26am On Nov 19, 2019 |
jerflakes: Is that so? Senior legal adviser to debtors. I hail you. Go to the Magistrate court or Local Government. Properties of debtors full there with rain and sun beating it. Most of them got foolish advice from people like you. 44 Likes 1 Share |
| Re: Should The Tenant Who Is Served A Quit Notice Still Pay The Landlord? by lyriclekidd(m): 7:26am On Nov 19, 2019 |
Okay |
| Re: Should The Tenant Who Is Served A Quit Notice Still Pay The Landlord? by bluejeff(m): 7:26am On Nov 19, 2019 |
Thank goodness you brought this up. I have been saying this to whoever cares to listen that the time within which your quit notice subsist, it doesn't mean you won't pay the rent. Abi you wan dey live for person house free? The thing is that most landlords are usually merciful and don't bother asking for rent between that period. 26 Likes 1 Share |
| Re: Should The Tenant Who Is Served A Quit Notice Still Pay The Landlord? by Nyamiri: 7:26am On Nov 19, 2019 |
jaxxy: Whose business is that? Even if you drag your landlord to court, court would say that you should be given more time and you'll pay for the more time given. 17 Likes 3 Shares |
| Re: Should The Tenant Who Is Served A Quit Notice Still Pay The Landlord? by Yahman1(m): 7:28am On Nov 19, 2019 |
This information is Genuine. Many Tenants sometimes forget than Landlords are humans too, they got Responsibility, struggles too, that they need Money too. They feel because he has built a house he got no Problems. 22 Likes 1 Share |
| Re: Should The Tenant Who Is Served A Quit Notice Still Pay The Landlord? by gbaskiboy: 7:28am On Nov 19, 2019 |
OP, kolewerk here, If quit notice is served without owing landlord dime, the tenant will spend 6 months without paying anything. If the six months elapse and the tenant is yet to move. The tenant will plead for more months to get accomodation, If the landlord is a troublsome type and making it difficult for you after 6 month expirations, sue him to court and plainly state your reason for not moving out. The court will grant the tenant Three months to get accomodation. But after the 3 months granted by the court expires the tenant should find all means to move out, if not his property might be thrown outside 7 Likes 1 Share |
| Re: Should The Tenant Who Is Served A Quit Notice Still Pay The Landlord? by smartoliver(m): 7:28am On Nov 19, 2019 |
Hmmm.. I'll just keep following to see where this leads. But trust me, in Naija, once given a quit notice, tenants tend not to pay their rents. 2 Likes 1 Share |
| Re: Should The Tenant Who Is Served A Quit Notice Still Pay The Landlord? by sirfemoz(m): 7:28am On Nov 19, 2019 |
A scenario where the quit notice was given cos the tenant couldn't afford to pay the rent, will the tenant still pay the mesne fee? Because that the scenario that plays a lot in this country. 5 Likes |
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