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Bail Me Out Of This Mess - Autos - Nairaland

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Bail Me Out Of This Mess by delimit(m): 1:24pm On Jul 06, 2010
My landlord gave me 6 months quit notice through his lawyer because i refused to pay his new rent, after 2weeks the caretaker of the house text me that am to pay for the period of quit notice but at the old rate.after consulting 3 lawyers, two of them told me that i don't need to pay a penny for that period while the 3rd one said i need to pay.so i want you (NL) to give me professional advice if it is right for me to pay or not.because the caretaker is tell people around that he will take me to court and even going to the extend of reporting in my place of work
Re: Bail Me Out Of This Mess by Nobody: 1:36pm On Jul 06, 2010
I'm afraid you're in the wrong forum here. This platform is for discussions on automobiles, not landed property.
Re: Bail Me Out Of This Mess by chelseabmw(m): 1:49pm On Jul 06, 2010
Costee:

I'm afraid you're in the wrong forum here. This platform is for discussions on automobiles, not landed property.

even though it's the wrong thread that doesn't mean u can't atleast help him out with ideas undecided
Re: Bail Me Out Of This Mess by Nobody: 3:34pm On Jul 06, 2010
chelseabmw:

even though it's the wrong thread that doesn't mean u can't atleast help him out with ideas undecided
It's not a question of my inability to offer my advice--even you have not done that either! The issue is we should always fix round pegs in round holes. This thread is likely to be overlooked by many because it's of little relevance to this forum. My advice is that he should open a thread at the appropriate platform of NL. Believe me, he'd be inundated with ideas.
Re: Bail Me Out Of This Mess by samtoye(m): 4:46pm On Jul 06, 2010
True you are in the wrong forum, you would get more advise in the property section. nevertheless, you are not supposed to pay for period of notification of a quit notice except if you were given before the expiration of your regular term. e.g. 6 months to the expiration of your 1 year advance payment. If it is after the expiration of your advance payment and before you renew you were given a quit notice, you are not to pay for the reasonable period of notification given to you.
Re: Bail Me Out Of This Mess by chelseabmw(m): 10:05pm On Jul 06, 2010
Even tugh it's wron HELP HIM OUT
Re: Bail Me Out Of This Mess by paulmamud(m): 6:40am On Jul 07, 2010
First of all,you didnt give enough details.A quit notice for a yearly tenant(as i assume you are) is supposed to be given at least 6 months before the expiration of your tenancy. The notice is simply to tell you that at the expiration of your tenancy,your rent would not be renewed. assuming here your tenancy is from 1st january to 31st December,the notice is supposed to be given no later than 30th June to 31st December. Anything less would be invalid and you can challenge it in court while still retaining possession of the house.So a notice given on the 2nd of July would be invalid cos it would be less than 6 months.HOWEVER,your tenancy agreement can vary this position by specifying the length of notice required. Simply put,you and your landlord can agree that 3 months or whatever is what is needed to terminate your tenancy. But even at that,the quit notice needs to be before the expiration of your tenancy.
Where you tenancy isnt terminated properly,you can go to court to challenge the termination but this is usually a ploy to buy time as you would have to leave sooner or later.From the little info you gave, i assume you tenancy ha expired already. If that is true,you are still liable for the period you remain in possession. am not going to bug you with the legal terms but pay you must. Yes, the caretaker was right.you pay at the old rate.
Even if you chose to go to court to challenge the validity of the quit notice,you would only be buying time.You can contend that the notice was invalid and in bad faith.If the quit notice was valid, all the landlord needed to give was a 7 day notice of owner's intention to recover possession and at the expiration of the 7 days,he would take that 2 notices i.e. the 6 months and 7 days to court and show he has complied with the law. the court would then give the landlord an order enabling him to forcefully evict you with the court bailiff and policemen. You may go to court when the landlord applies for the order and show that either of the notices wasnt validly given or the notices were given in bad faith. But even if the court grants you a new term on the previous terms,how long would you last there? and the caretaker would make your life miserable!
My advise is take the 6 months,pay for it at the old rate and leave thereafter. After all, you wanted an extension at the former rent and you have gotten it though for half the term.
Re: Bail Me Out Of This Mess by delimit(m): 10:14am On Jul 07, 2010
@paulmamud,
i am a yearly tenant and my tenancy ends 30th april but i was given 6 months quit notice in may15th after the expiration of my tenancy.though the quit notice was back dated to may 1st.(may1st-october 30th).
i did not understand your explanation that is why am giving more info about it.
do i still pay for this period?
Re: Bail Me Out Of This Mess by paulmamud(m): 4:04pm On Jul 07, 2010
Yes you have to pay for the period between May and October but the smart thing to do would be to wait til September and then institute an action against your Landlord claiming amongst other things that the Notice he gave you was invalid. That way you can drag it out in court for at least 6 months if not more. So long as you have the Tenancy agreement from the previous term that expired in April,you are good. Its amazing that your Landlord's lawyer could issue you a 6 month notice to quit after the expiration of your term. i really wonder. But i have to warn you that even if you drag out the matter for 2 years, you still have to pay for the time you remain in possession. if you want to talk,send me a mail @ paulmamud@ yahoo.com.
No,i dont take clients.
Re: Bail Me Out Of This Mess by Aadeyinka(m): 5:20pm On Jul 07, 2010
You don't need to pay any amount for quick notice period please , the period is always free and to enable you gather money for another house you will pack in and suppose to start counting a day after your payment for house rent expire and usually 6 months.
Re: Bail Me Out Of This Mess by paulmamud(m): 5:42pm On Jul 07, 2010
If a tenant continues to occupy the premises after the expiry of leased period such occupation of the premises is unauthorised and if a suit is filed and decided in favour of the landlord the rent for the unauthorized period is called "mesne profits".
Where there is a agreement to renew,payment for the period after which the rent becomes due and unpaid is called arrears of rent.
I honestly have no idea what "quick Notice period" is but we learn everyday.
And to think i have been a lawyer for 12 years!!!!!

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