jerflakes:


You have a 6-month notice

You know nothing about property law

What is your background in property laws? I manage properties for my employer and I can tell you that he is correct!

Olusheyi1:









This is definitely an interesting topic that Nigerians need constant education on.

I haven't built a house though, but have heard lots about how troublesome and exploitative some tenants can be. I'm not saying Landlords too aren't troublesome. But like the common saying, it takes two to tangle.

I've seen of recent that many tenants are not in any way cool at all. And what many have forgotten is the fact that they will/may surely become a landlord/lady one day. So will they want anyone to live in their house for even three months and not be paid for it?

Even without law saying much clearly in that regard, one can definitely reason and arrive at a good conclusion.

Or maybe I should ask:
Can any tenant afford to be given a 6-months quit notice expiring by 31st of June 2020 when the rent paid covers till 31st of December 2020 without expecting any refund from the landlord/lady and still feel comfortable with it?

It's almost same thing at the corporate job level when offer will state that one month notice should be given on resignation and laying-off or equivalent payment in lieu of same. Although some employers/employees might have not been honoring that, but that doesn't legalize the act.

Everyone should treat others the way s/he wants to be treated. I strongly believe if we do this even at leadership level, our nation at large will be better.

That's the fact sir. The remaining 6 months is to enable you secure another accommodation before the expiration of the current rent on December 31, 2020. You'll enjoy your stay for the period you have paid (December 31, 2020). Nothing short, nor less.

[quote author=Sandrich2020 post=77665218][/quote]

Because dem never jam landlord that know what he is doing! They have been dealing with illiterate caretakers and landlords! Let me manage a property and tell me that nonsense. You either pay or I will obtain court order to seize and sell your properties at give away prices to my friends and will still pursue you for the balance. Instead of you to learn from people who know, you are holding in to your wrong beliefs! Continue till you jam lawyer wey Sabi him work

gbaskiboy:
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

The tenant WILL pay for any additional time given by court!

Venerable612:


Wrong.

In fact BLATANTLY WRONG.



Thank you sir.

You are right but NOT ENTIRELY RIGHT.

But it depends on the type of Tenancy and/or the State/Jurisdiction.

Under the the Abuja RPA for example:
The 6 Months Notice to Quit MUST BE GIVEN BEFORE the expiration of the Rent... and the 6 Months must end on or before the eve of the Rent’s expiration.

If in Lagos’s Tenancy Law:
Then the 6 months Notice to Quit can be given BEFORE or AFTER the Rent expiration But the Landlord is entitled to claim Mesne Profits from the Tenants for each day spent after the rents expiration; including the length of the notice.

But it is common practice everywhere to give the Motice before the Rent Expires so it saves the Landlord the problems of tying down his property to an unwilling tenant.

IN BOTH STATES/Jurisdictions, the Landlord cannot exercise his power of reentry until he has Personally served a 7 days notice of owners intention to recover property - and the 7 days has expired!

It’s just as simple as that

Good day sir.

I rented an apartment from my landlady's son, tho the woman lives very far away.

Due to money issue both of us had a disagreement (he used to ask, beg and tax me for money often until I stopped given him, after that we fought again because a friend visited me, he told me not to bring in a friend, imagine), and he served me quit notice 4 months to the end if my tenancy.
Now the question is what if I'm unable to get a place before the 4 months(i.e before my rent expires, it is now app 2 months), but I'm able to get a place before 6 months time. An I on the right and legal track?

CC: Venerable612 and others, your responses will be appreciated

Venerable612:


Wrong.

In fact BLATANTLY WRONG.



Thank you sir.

You are right but NOT ENTIRELY RIGHT.

But it depends on the type of Tenancy and/or the State/Jurisdiction.

Under the the Abuja RPA for example:
The 6 Months Notice to Quit MUST BE GIVEN BEFORE the expiration of the Rent... and the 6 Months must end on or before the eve of the Rent’s expiration.

If in Lagos’s Tenancy Law:
Then the 6 months Notice to Quit can be given BEFORE or AFTER the Rent expiration But the Landlord is entitled to claim Mesne Profits from the Tenants for each day spent after the rents expiration; including the length of the notice.

But it is common practice everywhere to give the Motice before the Rent Expires so it saves the Landlord the problems of tying down his property to an unwilling tenant.

IN BOTH STATES/Jurisdictions, the Landlord cannot exercise his power of reentry until he has Personally served a 7 days notice of owners intention to recover property - and the 7 days has expired!

It’s just as simple as that

You are mixing things up!
A tenant with existing rent is entitled to 6 months notice IF he is a yearly tenant. A tenant whose rent has lapsed is only entitled to 7 or 14 or 21 days notice to recover property. The time given depends on the state. So if a landlord want to wicked a tenant, just wait for his rent to lapse by one day then serve him the required notice to recover property! Simple. If your rent lapse, tenants have no protection under the law and are at the mercy of their landlord. Only if the landlords know their right under the law!

jaxxy:



Never! u can’t pay the old rent when being ejected and be looking for a new place to pay. Unless decided to eject urself then u will pay cos the landlord actually wants u to stay bt u want to leave.

Or unless the landlord gave u the quick notice 6/3months b4 ur rent expired then fine anything afterwards u will pay during the extension.

I say, continue with this your wrong notion till you jam person wey Sabi him rights and know how to get what he wants under the law! Go to court premises and see properties of people who think like you under the rain and sun!

miketayo:


You are right but most tenants don't pay for d six months after their rent expires and the court doesn't do anything about it. For some reason the tenants have alot more leverage that d landlord.
I know many cases where it has happen

This is because most landlords are just after getting their property back! They are willing to forgo the owed rent! What usually bring about the ejection in the first place is inability or unwillingness of the tenant to pay in the first place. However, the landlord is giving up his right does not mean the right does not exist and does not mean all landlords give up their right!

mfm04622:


I say, continue with this your wrong notion till you jam person wey Sabi him rights and know how to get what he wants under the law! Go to court premises and see properties of people who think like you under the rain and sun!

I’ve already had my fair share of experiences trust me. Bt the law must protect both parties to be fair. I’m not supporting any particular side here.

If the law or ur agreement says upon vandalizing the property he can be evicted at short notice then it’s equaly fine so long as the courts verifies the agreement and vandalism bt a landlord can’t just get up an evict a tenant for no tangible reason. It’s wrong unless he will refund the money and give him time to find smwhere else at short notice.

ipeg34yahooco:
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!

I am currently in a situation like this, the house I am n is faulty and the landlord have refuse to repair it, my rent will expire next year, please how can I handle this

sirfemoz:
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 pscenario that plays a lot in this country.

He is supposed to pay! There are mechanisms to recover debts legally. However, most landlords are willing to forgo as long as the tenant vacates the property

Ten06:

If you are living in the same compound with a landlord who is jobless you are in trouble. If anyone show you respect he will be angry,. He will gossip you all around your environment when you have gone to work

I'm telling you

madridguy:
Chikena

But you will get payment for the time used as long as you are willing. If he didn't pay, you can seized his property with a court order

thunder74:
This happened yesterday. I served a tenant notice to quit on the 31st of March 2020 the date her rent expires and by our agreement, he is only entitled to 3 months notice. Guess what? She refused to collect the notice on the ground that she needs extra three months rent free after the expiration of the quit notice.

Send the notice by registered mail! That is all these DHL and such. They require the person collecting to sign. Second option, paste the notice on her door and have evidence (video, picture) and witnesses. She has been served under the law in both cases

walex2:
dont mind the op who doesnt know anything about law , you cant give a quit notice when the rent is still subsisting, you paid for a year from january to december 2017, and the man give quit notice july 1, for you to leave so that he can bring another person in by january 2018, to collect another rent and commission and agreement which is always outrageous, from another tenant, the question is this; where will the tenant find another money to pay for a new rent knowing fully well the wickedness of Nigerian landlord, six month is free according to law and it begins from the day your subsisting rent expires. go and read your law book if you are actally a lawyer

Quote the law here that specified tenants don't pay when served notice

walex2:
just pray yuu dont habe a bad tenant he will come back for your properties and set it on fire, you cant even find traces of him doing that because he will use a machinery and yuu cant even find him again, so in everything you do have human feelings some people are wicked

You that want to use another person property for free, do you have human feeling? You that is thinking of burning someone's property, do you have human feeling?

FuckAllTheMODs:


Good day sir.

I rented an apartment from my landlady's son, tho the woman lives very far away.

Due to money issue both of us had a disagreement (he used to ask, beg and tax me for money often until I stopped given him, after that we fought again because a friend visited me, he told me not to bring in a friend, imagine), and he served me quit notice 4 months to the end if my tenancy.
Now the question is what if I'm unable to get a place before the 4 months(i.e before my rent expires, it is now app 2 months), but I'm able to get a place before 6 months time. An I on the right and legal track?

CC: Venerable612 and others, your responses will be appreciated

You will calculate any time you spend beyond your rent and pay the landlord. Simple

if he served you a quit notice.it is best you pay him after moving out,unless u have enough money to get a new place and at the same time pay the debt .in any event quit notice or not get ready to pay for the time spent in the house using the last rent,

ipeg34yahooco:

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!

In Nigeria here fighting tenants for your rent is a very huge task for landlord. I remembered one particular sense 8 years ago a brother bought blocks of flats in Lagos...from insurance company still occupied by the tenants. On this time, the tenants had been given eviction noticed before the purchase. Is like war getting them to leave with a lot of pending law suits and none payments of their rents for months. Eventually they moved but no money received.

It is difficult recovery money here in Nigeria where we don't have a data base of residents. So, when they owe and leave is almost impossible to locate these people.

Here in Europe...you can't owe rent and when you do. Be sure to know, you sleep outside. The law is enforced strictly, unlike here.

I was given 6 months quit notice, 6 months to the expiration of my rent, I went to court to challenge it , the court ruled that the landlord has no right to give me quit notice when my rent has not expired, the court said the quit notice begins the first day my tent expire .
Let me tell you, if you are given quit notice before the expiration of your rent, aproach the coutt first and challenge it, I tell you you can stay even two years after your rent has expired without paying Kobo

Venerable612:


If he defaults in payment. Then you simply give him a 6 months notice to quit which will terminate on or before the eve of the next anniversary of the Rent. You can then claim mesne profits and arrears of Rent

d tenant has already stayed 4 months after his rent expired, r u saying d tenant should be given additional 6 months notice to stay again

tpapi:
d tenant has already stayed 4 months after his rent expired, r u saying d tenant should be given additional 6 months notice to stay again

Yes!

He has to be given an exact same 6 month Notice to quit. You can claim your arrears of Rent and Mesne Profits.... those are not affected.

If you think he is not learned and will not take you to court - then by all means, you can resort to selfhelp and eject him.


But if he is a learned person and you resorted to selfhelp without going through the statutory notices; you will be the one to pay him damages for unlawful ejection.

FuckAllTheMODs:


Good day sir.

I rented an apartment from my landlady's son, tho the woman lives very far away.

Due to money issue both of us had a disagreement (he used to ask, beg and tax me for money often until I stopped given him, after that we fought again because a friend visited me, he told me not to bring in a friend, imagine), and he served me quit notice 4 months to the end if my tenancy.
Now the question is what if I'm unable to get a place before the 4 months(i.e before my rent expires, it is now app 2 months), but I'm able to get a place before 6 months time. An I on the right and legal track?

CC: Venerable612 and others, your responses will be appreciated

Sorry for replying late.

If I understand you right, there is a subsisting notice to quit, Which elapses 2 months after your rent’s expiration.

You were able to move out within 2 months of after your rent expired.

Legally, you are required to pay him for those two extra months.

But you can hide your pride and beg him to allow you pack your things and leave without paying. But if he insists - I am afraid you have to pay him for the extra two months you stayed.

emperooooooooor:


Wonderfully written piece.

In addition to this, if there is no tenancy agreement existing for the demised property, the landlord or property manager is mandated to serve the tenant a compulsory 6 (six) months notice if it is a yearly tenancy to terminate the tenancy. After this a 7 days notice to quit and 7 days owners intention to recover possession of property through legal means.

Mind you, you will pay for every single day you continue to occupy the property as a tenant. The law tries to be considerate to the tenant but not to the total detriment of the property owner.

Where a tenancy agreement exists, after the expiration of the tenancy period all the landlord needs to do is serve a 7 days notice to quit.

Please let us all be guided.

CORRECTIONS:


Seven days notice is the same as "Notice of Owners intention to proceed to Court to Recover Possession"! So you serve it once! You don't serve one after the other!

Secondly it is what is contained in the tenancy agreement that determine the number of months to be given as Notice to Quit! If the Agreement says 3months, you must give 3months; if it says one month, you must give one month; if the Agreement says Eight months, you must give Eight month!

So it is wrong for you to make a general statement that once there is an Agreement, the tenant is not entitled to any Notice to Quit, before being served Notice of Owners intention to proceed to Court to Recover Possession!

miketayo:


You are right but most tenants don't pay for d six months after their rent expires and the court doesn't do anything about it. For some reason the tenants have alot more leverage that d landlord.
I know many cases where it has happen

wait... Is the quit notice of 6 months to be served midway into the duration of the current rent or after the rent has expired before quit notice can be served?

mfm04622:


You are mixing things up!
A tenant with existing rent is entitled to 6 months notice IF he is a yearly tenant. A tenant whose rent has lapsed is only entitled to 7 or 14 or 21 days notice to recover property. The time given depends on the state. So if a landlord want to wicked a tenant, just wait for his rent to lapse by one day then serve him the required notice to recover property! Simple. If your rent lapse, tenants have no protection under the law and are at the mercy of their landlord. Only if the landlords know their right under the law!

I do not have access to the Recovery of Premises Act of Abuja now; but I have asked a friend. When I do I will reach back on the relevant provision of the Act.

But if you are a practicing Lawyer and you passed through Nigerian Law School then you should know that the cases of AP v Owodunni and Sule v Nigerian Cottonboard are the leading authority on this.

I have just copied an excerpt. The case is based o the old Lagos laws but the principles are the same with current laws as it applies to recovery of premises:

“Put simply, the statutory tenant is an occupier, who when his contractual tenancy expires, holds over and continues in possession by virtue of special statutory provisions. He has also been described as "that anomalous legal entity,..... who holds the land of another contrary to the will of that other person who strongly desires to turn him out. Such a person will not ordinarily be described as a tenant." (See Scrutton. L. J., in Shuter v. Hersh (1922) 1 K.B. 438, at 448."

For this reason, it is an understatement to refer to the defendant in this case as simply a tenant-at-sufferance. It is more correct to describe him as a statutory tenant, although the incidents may be identical. This is because in Lagos State, the Rent Control and Recovery of Residential Premises Law (NO.9) of 1976 has given him protection and security of tenure. Unless he decides to give up posession voluntarily, possession of the premises can only be wrestled from him if the court makes an order for possession against him after due notices to quit and of intention to apply for possession as prescribed for contractual tenants who hold an identical quantum of tenancy as himself: see American Economic Laundry Ltd. v. Little (1951) 1 K.B. 400, p.406; Sule v. Nigerian Cotton Board (1985) 2 NWLR (Pt.5)”

jerflakes:
Quit notice will be given 6months after your rent expires

The 6months are rent free

mesne profit starts calculating soon as rent is expired, whereof tenancy has been determined, and the tenant continues to hold over the premise...so, in essence, the six months is not free

Venerable612:


I do not have access to the Recovery of Premises Act of Abuja now; but I have asked a friend. When I do I will reach back on the relevant provision of the Act.

But if you are a practicing Lawyer and you passed through Nigerian Law School then you should know that the cases of AP v Owodunni and Sule v Nigerian Cottonboard are the leading authority on this.

I have just copied an excerpt. The case is based o the old Lagos laws but the principles are the same with current laws as it applies to recovery of premises:

“Put simply, the statutory tenant is an occupier, who when his contractual tenancy expires, holds over and continues in possession by virtue of special statutory provisions. He has also been described as "that anomalous legal entity,..... who holds the land of another contrary to the will of that other person who strongly desires to turn him out. Such a person will not ordinarily be described as a tenant." (See Scrutton. L. J., in Shuter v. Hersh (1922) 1 K.B. 438, at 448."

For this reason, it is an understatement to refer to the defendant in this case as simply a tenant-at-sufferance. It is more correct to describe him as a statutory tenant, although the incidents may be identical. This is because in Lagos State, the Rent Control and Recovery of Residential Premises Law (NO.9) of 1976 has given him protection and security of tenure. Unless he decides to give up posession voluntarily, possession of the premises can only be wrestled from him if the court makes an order for possession against him after due notices to quit and of intention to apply for possession as prescribed for contractual tenants who hold an identical quantum of tenancy as himself: see American Economic Laundry Ltd. v. Little (1951) 1 K.B. 400, p.406; Sule v. Nigerian Cotton Board (1985) 2 NWLR (Pt.5)”

isnt this SHELL V. NWAKA?

obi3x:

isnt this SHELL V. NWAKA?

Nope...

African Petroleum v Owodunni.
NNAEMEKA-AGU J.S.C.

aviationguy:
To me it depends on individuals,in my former apartment the landlord gave me a quit notice before my rent expires on 31st December 2017 to June 2018,irrespective of our close relationship but before the end of December 2017 I moved out of the apartment on 18th December 2017 to a new one.

He was surprised and shocked he thought I will use the 6 months quit notice before I will leave or I will come begging because that was his intention and plans to increase the rent afterwards.

So what I wouldn't want someone to do for me I dont do to others, I didn't lock up the apartment,remove any electrical wiring I did or damage anything.

Immediately I parked out my properties I handed over the keys to him till date am still his point of discussion.

let's be responsible in any where we found ourselves.

Cheers.❤

The house I rented when I was in school, the landlord even collected a bottle of wine from my dad when I was leaving.
The house we moved from to our own apartment, when the landlord came visiting (he visited like twice, my parents attended his daughter wedding), the man called my dad, Baba Samu, Kai ki ṣepe o je owo ile abi mo fún e ni iwe, bawo ni wa se ko àwọn ebi wa si inu igbo yi, se ise ni ko lo deede mọ ni, ọ ba fẹ sọ fún mi(when you no owe or I evicted you, why you go bring your family come this bush, shey na your work no go well again, you for come meet me na), today, my dad is a proud landlord that even host his tenants every new year.
When I was paying for my apartment, I told the agent in the presence of the landlord, may you no have any reason to come to this house again because of me except for celebration, because I will make sure not to have any itch with my landlord even if he brings one

mfm04622:


He is supposed to pay! There are mechanisms to recover debts legally. However, most landlords are willing to forgo as long as the tenant vacates the property

Those mechanism don't usually work. The only thing the landlord can do is to seize the property. But like you said, most landlords forgo the rent.

Inception:
The kind of responses i am reading here seriously implies the criminal mindedness of Nigerians.

HOW CAN YOU STAY IN A LANDLORD'S HOUSE FOR FREE AND YOU DON NOT HAVE GUILTY CONSCIENCE?!
CHAI!

AND NA WE RELIGIOUS PASS!

Na d mentality of poor and foolish people. .