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When Is It Right For A Landlord To Give Quit Notice?

There is this my neighbor who is currently in court with his landlord for giving him quit notice before his rent expired. He argues that his rent must expire before the landlord can give him quit notice.

Pls house especially lawyers in the house help me. i dont know much about this. when is quit notice to be given and for how many months is it suppose to be slammed?

thnx

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I live in Abuja and I got a new job in lagos. My rent would expire on 19th of Dec,I need 3month to process my accommodation in lagos and relocation. Is it possible to spend d 3months without rent and how do I go about it because my (greedy) caretaker must surely come for his 3months rent. Lawyers in d house,please advice

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Most comments here are on point, especially d view above (thumbs up, brother). No point commenting further as this was going 2 be my position, with respect to the New Lagos State Tenancy Law. Grab a copy & read to know more about this.

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Ignorant is not a reason to the rule of law. We all will agree that may so call landown take ad-vatages of people desperation of where to stay on them.

Not long ago, infact 4Th Dec 2009 my landlord in my house where hi school (NIGER DELTA UNIVERSITY,WILBERFORCE ISLAND,BAYELSA) give out the house of one of our Nibor this year October while her rent suppose to exp on 31st Nov, unfortunately for her, she is in Biological Science final and her defending day was posted to 16Th this mouth of Dec 2009.

It was not supprising to any one of alls when our landlord call and ask her if she has move her things because the new person that have pay for the house is ready to move in.

Let me ask all you in Nairaland

First, who do we need to blame?

The girl that pay for the rent and was told that some body is still living inside both Will level at the end of the mouth (Nov) and she will enter Dec 1st

or she that aspect to really level wit out a fight?.

We need a law that will protect student in the higher institution because we are really begin oppress here in WILBERFORCE ISLAND.

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@ednuttyz.

thanks for your reply.i am in the uk.and inherit my fathers property.i have a lawyer working for me.i just want to stay in the back ground and seek advise from people here.a court case is coming to an end and i need to get the tenants out.my uncle put the tenants there without my knowledge.i asked my brother to go there and get their names and give it to the lawyer which he didnt and i was told by my aunties that he has collected rent.

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@Bigsam.

Your position demands more explanation. Did you authorize your brother/uncle to manage the property on your behalf? Did you authorize them to put in the tenants? Did you give them any power/authority in respect of the property? If answer to the above is yes, then you are bound by their actions, whether the money was collected with your knowledge/consent or not. They are deemed to be your agents. So you must give them quit notice to vacate. Except of course you had expressly warned/prohibited the tenants against paying rent to them or anybody without your consent.

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can any one help me.i have a property in nigeria.my uncle put the tenants in and collected rent with out my knowledge for a year.now my brother has gone there to collect rent.i am overseas.do i still have to give quit notice?

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pls i need to know more about mesne profit.

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until the house rent got finished

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@ eractus 75, THANKS 4 UR ENLIGHTENMENT. I REALLY APPRECIATE IT

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Mesne profit is a term used for the money you would be paying to your landlord after he might given you a quit notice(during the time you would be searching for another house)

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@erastus

Pls cud u throw more light on what u mean by MESNE PROFIT

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@ richieboi, . What kind of borrowed course will teach you the law of landlord and tenant?

@emiboy not yet uhuru 'six month ' as the law stipulates is normally before the tenancy expires and it should terminate on what is called the "eve of the anniversary of the tenancy. Not after the tenancy expires.

@ Ednut you really tried but, their much more in the exceptions to the rules than is in the rule itself.

Generally i would say in everything you do { except when making babies naturally} PLEASE TALK TO A LAWYER. and there's a whole lot of us everywhere these days

Beside, we have been treating the right lenght of notice to be given not 'when it is right to give notice as the topic suggested.

Now therefore, the right time to give quit notice includes but is in no way limited to the following when :

, the tenancy expires, either by operation of law

, or effluxion of time,

where there is a fundamental breach of the term in the tenancy agreement, or

, where there is a breach of a fundamental term of the agreement ,

the list goes on and on

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This is the law:

A yearly tenant is entitled to 6 months' notice to quit.

A half-yearly tenant is entitled to six months' notice.

A monthly tenant is entitled to a month's notice.

A weekly tenant is entitled to a week's notice.

These are the rules. The exception comes in in the tenancy agreement where the parties may stipulate any length of notice between themselves. If you as a yearly tenant sign a tenancy agreement which says your tenancy may be terminated by a month's notice, it becomes binding on you. If as a monthly tenant, your tenancy agreement stipulates that you will be given 6-months' notice, your landlord is bound by it.

A quit notice may be given before or after the expiration of your tenancy. If for instance your tenancy runs from January 2009 to Decemebr 2009, your landlord is entitled to give you a six-month's quit notice sometime in June 2009 to coincide with the termination of your tenancy in December 2009. He is equally entitled to give you the six-month's notice anytime thereafter, so long as the notice does not terminate the tenancy midway. The law as stated by a recent Supeme Court case is that your landlord does not have to give you the notice to coincide with the expiration of your tenancy. He can give you the notice anytime before or after the expiration so long as he complies with the statutory requirement on the length of notice.

That is the law!

These issues were dealt with extensively in this book, KNOW YOUR RIGHTS AS A TENANT.

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Alright folks, lets not get too excited. Try and make peace with your landlord if your relationship with him is frosty because the Landlord can make your life sooooo legally miserable in more ways your lawyer can imagine.

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Great responses here. thanks everybody that responded. Am really getting awareness here. keep rolling the responses in while we grab the knowledge . God bless NL.

thnx

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am in same shoe with the man here

my landlord has threat to issue me quit notice today or this week,he  accuse me of using generator over d nite and anytime i like, i make a lot of noise, all because i refuse him to trap power/light from my meter

he has been abusing me since yesternite

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Depending on the Tenant, 6 month.

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You are welcome though I am not a lawyer, the little I learnt while doing the borrowed courses stuff in school

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when you shag his wife ;d

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Hello Sir, if you are a yearly tenant, the landlord according to law guiding tenant and landlord relationship stipulates that you should be given 6 months notice and not the 3 months you are glamouring for.

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i must be given @ least 90 days notice before i leave

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thanks for the enlightenment. but i thought it was 6 months b/4 the tenants rent expires and not after.

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A yearly tenant-6 month notice starting from the first anniversary till the last-if your tenancy commenced on the 24th of November,2009(i.e the date stated in your receipt as the starting date) then a quit notice in order to be valid has to expire on the 23rd of any given month if the tenancy was a monthly tenancy.

If on the other hand, he is a yearly tenant then the quit notice has to expire on 23rd of November,2010 before the landlord would ten give a 6 months notice starting from the 1st of December,2010 to 30th of may,2011.

During the period which a quit notice was given, you would be paying what is called MESNE PROFIT and not RENT to your landlord for the period you would be staying searching for another house

6 months tenant-3 months notice-starting from the first anniversary till the last

Monthly tenant-1 week notice

be you a yearly or monthly tenantand you refused to pay your rent for over some months, you would then become a tenant at will and a 1 week notice would be issued to you and your are gone

We MUST in Nigeria always tell the supposedly landlord with his so called lawyer what they do not want to hear, they capitalised on our(Nigerians) ignorance of the law to deal with their victims.

Enlighten yourselves more on this website: http://lexprimus.com/Publications/Quit101.pdf

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"six months from the day of expiration. I relish that."

I believe it should be SIX MONTHS TO THE EXPIRATION OF THE TENANCY

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Everything shld be stated in the tenancy agreement.

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six months from the day of expiration. I relish that.

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Depends on what is written in tenancy agreement,but by implication its suppose to be 6months notice

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For yearly tenants, stipulated law says 6 mths quit notice

Monthly tenants - 7 days notice

But if the agreement stipulates otherwise, it's what's in the agreement that would follow, except his lawyer intelligently capitalizes on equity.

That is why we advise that prospective tenants shouldn't rush into signing tenancy agreements because they are in a hurry to move into a house. Take your time and read the terms and conditions line by line before commiting your signature. Where you dont understand, ask a learned fellow or an estate surveyor to explain to you in clear terms. Note: Dont mistake an estate surveyor for an agent o. I mean no insult, though. If any clause seems to work against you, ask that it be removed, that's why it is called an agreement. You dont sign what you dont agree with.

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Isn't everything outlined in the tenancy agreemeny? check that document.

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was the landlord paying his rent up to date?

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