It should be noted that the only due process a landlord can recover his/her houses or promises that is being occupied by a tenant is through a court process.
This means that a landlord cannot just wake up and throw a tenant out despite how long the tenant has lived in the property without paying the landlord his rents. Any other means engaged by the landlord in evicting the client other than the court order would be held to be illegal.To this effect, the use of police men, street touts (agbero) or physical fist to throw a tenant out is illegal and has been highly condemned by the court; he who comes to equity must come with a clean hand.
In the case of Iheanacho v Uzochukwu SC.203/1990, the Supreme Court set out the valid procedures a landlord should take for recovery of his premises from the occupier, it is as follows follows:
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- a) Firstly, unless the tenancy has expired, the landlord is to determine the tenancy by service on the tenant and give appropriate notice to quit. This should be done through the landlord’s lawyer or legal representative.
- b) On the determination of the tenancy, he shall serve the tenant with the statutory 7 days notice of intention to apply to court to recover possession of the premises.
- c) After the expiration of the 7 days notice, he shall file his action in court and may only proceed to recover possession of the premises according to law in terms of the judgment of the court in the action.
By this decision of the Supreme Court in the above case, a landlord attempting to evict his tenant from the property must first issue the tenant with a valid quit notice. A Notice to Quit is a formal legal document a landlord sends a tenant asking the tenant to vacate the property on or before a particular date.
After the quit notice issued to the tenant expires and the tenant is still in possession of the property, the landlord is statutorily mandated to issue the tenant with the next notice which is called 7 days notice of the owner’s intention to repossess property; it is only when this second notice is flaunted by the tenant that the landlord should approach the court to obtain eviction order from the court.
Eviction order will be issued by the court against the tenant who has refused to vacate the landlord’s premises after the determination of the tenancy case.
This is the only way known and approved by law for a landlord to recover his premises from a defaulting tenant.
What then happens in a scenario where the rent has about 18 days to expire and the Caretake is giving an oral eviction notice of two weeks including the 18 days left in the rent? And there was no previous debt as the rent was serviced yearly.
It’s an oral threat… Don’t fall a victim…and don’t commit any form of crime base on that
What happens when a tenant is served a six months
quit notice few days after he renewed his rent? This tenant has never defaulted. The rent expired on the 31st of August and he renewed on the 3rd of September. The landlord did not state any reason for serving the notice.
Good day,
So my yearly rent expires in 1 month, but 32days to expiration, landlord sends caretaker whom I have never met before and had no idea about to serve me a quit notice to vacate his property on or before the day my rent expires or face legal action.
Compliment of the season sir/ma
I am a tenant occupying a residential property for the past 13years. The land lady past away and heirs dispose the property. The rent suppose to expire on 31/12/2022 and the other tenant tent suppose to expire April/2023 precisely. The solicitor to the new owner served all of us with a notice 2weeks before the normal expiration of tenement rate which is 31/12/2022 including the person whose rent is supposed to expire April/2023.
The reason he gave was that we are Tenant at will, it is the discretion of the land lord to give us notice as he pleases.
We are all yearly tenants, we don’t have any outstanding debt with former owners of the property.
Pls your advise is highly needed in this regard.
Thank you.
I have been served quit notice (6 months) and also a 7 day notice but yet to get an apartment when can the court order be presented?
So in a whole 6 months, you couldn’t get another apartment? Why not just have the landlord hand over the house documents to you so you can turn the property to yours .. that’s better
Good evening, I have a tenant whose character I just noticed is a wrong one fr me … I plan on serving her quit notice after her rent expires … How do I go abt it .
Serve her a proper and valid quit notice to give up possession of the property.
The reply you made is not proper at all,what about you are served a quit notice and fortunately you lost your job at the same time and you have no place to get the money to rent another apartment.
Very wrong reply….why is he here if this rude….a question is asked and u are saying the landlord should give him document of the house….he doesn’t fit for this position
That’s so mean ?
Hi Sir great content. Just want to know Is there any reason an eviction order might not be issue, and what time does this type of case usually take to be judge in court sir.
Thanks
That’s so mean
Merry Christmas to u all.
Pls what happens in a situation where the Tenant is served quit notice less than 6 months to the expiration of the current rent.
What will be the position of the Tenant in that context?
Similar issue at hand with my friend
My yearly rent will be due March 31st, 2023, I’m not owing but I have been served 6mth quite notice starting Jan 4th, 2023. My question is, when exactly should the 6 month notice commence by law. Thank you.
Good morning sir/ ma, please what can I do in a situation where the children of my late landlord just told me to vacate my apartment without written notice to quit.
I pay my rent every six months and I was about to pay,I was told not to pay, which I did thinking it was a joke but my rent payment was refunded.
I asked series of questions but no genuine reasons for their actions.
This is the sixth month and no valid notice to quit has been issued.,now they are threatening my existence.
Good day sir/ma, my rent will be due next month, I was given a quit notice since November. I want to to ask when the quit notice starts to read
Please, I want to know what happens after the last 7 day quit notice? Is the tenant going to be charged to the court for a case to be heard out? or the landlord have the right to just come evict out the tenant with the court order?
It will be charge to court but he will serve you a notice that he will be charging you to court so you have to also get a lawyer
Hello,
Kindly advise to the best of your ability please. Thank you.
I have initiated a court case against a tenant who was correctly served necessary documents to quit but refused and now owing 2 years rent. The case is in court. At the first appearance, he refused to show. The pre-trial is coming up and i know he will not attend in spite of being served proper notice as well. What can i do after the pre-trial to avoid unnecessary delays which is what he is doing?
Good evening ma/sir.my rent will be due on the 30th of this month (April) & my landlady sent me a message to please vacate the house on that 30th.I do not owe this woman any money .is that the right way to evict someone ??
Good evening ma/sir
I rented apartment for a period of one year now ,and rennovated somethings which will be due for renewal come May1,2023 and I have my money to pay but the Landlady is ordering four of us out of 6 tenants to relinquish the apartment to her through quit notice for no reason,
What do I do pls advise
Good evening ma/sir
I rented apartment for a period of one year now ,and rennovated somethings, which will be due for renewal come May1,2023 and I have my money to pay but the Landlady is ordering four of us out of 6 tenants to relinquish the apartment to her through quit notice for no reason,
What do I do pls advise
I need an advice pls. I am a yearly tenant, and have been paying as at when due. But my landlady gave me 6 months quit notice which expires march 2023. But i couldn’t meet up to park and i paid for this month of April which is ending in 2 days. The apartment i have paid for is undergoing a renovation and was asked to wait on or before mid May before to enable them finish up the maintenance. Now i don’t know what to do as the landlady and her lawyer has been threatening me to pack out in 2 days.
Good day, please I need a clarity as of how to handle this matter.
I have this two tenants in my newly built flats. They are the first occupants.
Their rent was due 31 of April 2023. A reminder was sent to them ahead, and they promise it will be paid on or before the due date.
After a week that the rent has been due, the agent called them, informing them he as not receive their payment and reminding them to pay asap. The tenants told him they had concluded they will be vacating the property, they requested him to grant them 3month to vacant the property, which the agent discussed with me.
Myself and the agent concluded the 3 month won’t be for free, they have to pay for the 3 month if it is to be granted or we shall give them 1 month for free to vacant the property.
Cause it clearly they both have it planned and knew they are not willing to stay at the end of their 1 year lease, so they should have search for another apartment before their lease expired.
At the moment, they have not pay for the 3 month or made It known if they are moving out in a month.
What do you decide I do in this matter.
Hello Mr Michael, you can send us a direct email for proper consultation and to advise you on what to do if you are yet ti retain a lawyer.
[email protected]
Goodday, my name is Vivian, I just renewed my rent last month and I was served a six months quit notice the next month. I was hoping my money will be refunded or my tenancy be expired if I am to be giving a quit notice
Good day sir am a yearly tenant my rent just expired first June and I have half of the money I begd the landlord to give me a month to balance him and he refused and ask me to leave what will I do I need your advice please
GoodEvening i am a yearly tenant and my rent is due to expire next month and my landlord served me with 7 days Quit notice ist of this month, pls wat should i do??
Good day sir
My rent just expire on the 30th of June and my landlord gave me 3 days to be out of the house, is this right sir?
Good evening,
My mum’s rent expired mid April, prior before then the money for the new rent was handy but because the rentage was made by my elder brother cause we(me and my mum) were not in the state at the moment we did not get to see the landlord in person. Thus, my brother traveled before we arived.
We knowing our rent was due, we started asking for the landlord’s number only to find out that non of the tenant has it and they are all new tenants.
So reaching 1st May 2023, my mum can back and found a notice which says and I quote “Notice! Notice!! Notice!!! …if you want to locate come and see me, if you want to renew your rent come and see me on 7th of May, 2023” without any contact address, so there was nothing we could do.
So when I was chanced during mid June, we went to Scott for the landlord’s house by asking questions luckily we found him and where he stays but unfortunately the rent was no longer handy so we pleased till the end of the month(June) but at the end of June we couldn’t raise the money so my mum had to go to him and pled for a week more only for the landlord and his wife (6 May 2023) to come and started throwing my mum’s properties out when I was already on my way with part of the money. On reaching there, i cought the scene on camera he then locked the door with a different padlock without any letter served to us by any lawyer and also refused to talk part payment.
Please, what do you advice I do at this point?
There are RENT TRIBUNAL in every country to deal with property/house tentage or lease issues. For example in UK where Nigeria law emanated or Ghana her neighbour counterpart, where a tenant owns just one month rentage and d landlord/landlady can provide d RECEIPT to show that d tenant owns ARREAR of just one month, d RENT TRIBUNAL shall proceed to court for ORDER to eject d tenant, after which d tenant shall be ejected easily.
But in Nigeria, tenant can own one year or two years, using d property free of charge without and d landlord in penury as Nigeria law has loopholes giving tenant chances to be enjoying landlord property free of charge for to three years before d tenant finally pity landlord as d landlord does not have money for d service of lawyer. This is pure WICKEDNESS!
Many landlords/landladies have died of penury bcos of NON EXISTENCE OF RENT TRIBUNAL in Nigeria.
Please, I nee a clarity on this. If my Landlord hide under the pret nice that Lagos State government came to inspect our house and they the needs to be renovated. but I just renewed my tenancy in that same year say 2023 of January and landlord served me quit notice on April, along side with some tenant which there tenancy agreement has expired, what legat step should I take beae on this case?
Please, I nee a clarity on this. If my Landlord hide under the pret nice that Lagos State government came to inspect our house and they the needs to be renovated. but I just renewed my tenancy in that same year say 2023 of January and landlord served me quit notice on April, along side with some tenant which there tenancy agreement has expired, what legat step should I take beae on this case?
I am Gifted, my rent ended July 27, 2023 and my other co- tenant rent expired 15th July, 2023. I went to the Landlord that I will renew by 7days time, he said, I should pay into his son’s account. 3 days later, he called a meeting and asked us to pack out verbally within 2 weeks. He threaten to throw our belongings with the help of police men.
What right do we have as tenants, if our belongings are thrown out. Where do we report this case to
Pls, what do we do.
Is it possible to serve me a quit notice before or after my rent expires? For context my rent will be due next year march but I’m being served to leave by January ending. Please is this right?
I was duly served a quit notice of three months and after I had packed out upon expiration of the notice, the landlord’s lawyer contacted me and demanded that I should pay for the three months. That is, the period the notice covered. By the provisions of the law, am I obligated to pay for the three months?
Hello house please I need clarification on this
Our house rent due June and at the end of the month agent brought a letter that we have breach the tenancy agreement that we should take necessary step after the letter he did not contact us since June or give us notice we use extra 3month now we’re about leaving the house he called that we’re going to pay for the 3month we use pls advise ???
You must pay, infact he tried giving you 3months ,
Please I move into a house in Ikorodu Lagos last year with total payment of 1million(Rent 700k damages 150k agent 75k and agreement 75k) and I have renewed the rent just about three month ago even before it expires. I got a letter from the lawyer saying there will be increase of 100k from 2024 payment and that in the next 7 days I should write.that I am okay with the increase otherwise it will be taken that I am not interested in renewal. I am not comfortable with this anyway. Please I want to know at what point can the landlord issue me a quit notice? considering the fact that I still have like 9month of my current rent still running. I also want to know if I can lay claim on the 150k I paid for damages considering that I am not comfortable with this increase at all as I have barely spent 15month in the house and this may lead to my unexpected exit in the house. Your advise please.
Pls my rent due this last month October and I promise the landlord that I will pay by Month ending of November but fortunately he said he won’t collect half payment and that I should leave his house . So pls lose my job and I want him to give me up to December so I can complete the money …pls advice coz I don’t know where to go..I just got a job after 6month of searching.
Please i have a tenant who has refused to vacate my property after 2 leter of eviction from court. He has asked for extra two months after the end of his tenancy. Recently he asked me if he can renew his rent, but all i want is for him to vacate my property. Please kindly advise. Thanks
Please I did not received any valid quit notice from my land lord and days quit notice b4 summoning to court for eviction with photocopies of quit notice coming from court for hearing.
Compliment of the season,please I need an advise on what to do, my landlady after sending a reminder of a renewal of rent payment barely few days after brought a notice to quit letter. And my rent expires by the end of this month.and in the letter did not state the reason for the notice just a three month to quit letter. This woman has been a pain since I got to that house.i had to start parking my car outside the compound just to avoid issues with her.im not financially ready to move.please what do I do??
When I was owing my landlord a six month rent, he gave me a quit notice through the court, when I received it I went to him and we settled and I paid the complete rent and it just expired in December and my landlord came by January to tell me that if I don’t evacuated the house by January ending that the court will come and break the house and pack my things out, is that right?
Please my rent expires on March 25th, I was served a quit notice on October 1st to leave on April 17th this year. This means I had only 23 extra days after the expiration of my money.
I am a yearly tenant. Please is this proper. As a yearly tenant, shouldn’t l be given at three extra months? I have been consistant in payment os myrent.
Good day, please educate me. I am yearly tenant and My rent is still running an my landlord gave me quit notice of 3 months how do i go about it