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Recovery Of Premises In Lagos State - Properties - Nairaland

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Recovery Of Premises In Lagos State by Legalissues: 9:16am On Nov 04, 2018
I stumbled on a thread on this forum as regards RECOVERY OF PREMISES and based on the advise given by so many, its quite glaring that most people are really ignorant in this regard.
This write up would shed some light on this concept.

WHAT IS THE PROCEDURE FOR RECOVERY OF PREMISES IN LAGOS STATE?
A Landlord desirous of recovery his premises from a tenant should start off by:
Personally issuing a notice to quit on the tenant or give his solicitor or agent an authorization letter to do so on his behalf.
WHAT IS A NOTICE TO QUIT?
This is an eviction notice normally served by a landlord on a tenant.

LENGHT OF A NOTICE TO QUIT
A notice to quit could be of any of the following duration
- 6 months Notice to Quit : This normally issued on a yearly tenant.
- 3 months Notice to Quit: This is normally issued on half yearly or quarterly tenant.
- 1 Month Notice to Quit: This is normally issued on a monthly tenant.
- 7 days Notice to Quit: This is issued on a tenant at Will

COMPUTATION OF TIME ON A NOTICE TO QUIT
This is fundamental to a notice to quit. For Instance 6 months notice must be 6 clear calender months and notbing short of it. If Mr A issues out a notice to quit on the 6th of October 2018, the proper computation should be from that date till 30th April 2019. This is also how it works for all other quit notices as well.

WHAT HAPPENS IF AT THE END OF THE 6 MONTHS THE TENANT REFUSES TO GIVE UP POSSESSION?

The tenant should be served with a 7 DAYS NOTICE OF OWNERS INTENTION TO RECOVER PREMISES. This should also be 7 clear days. If after this the tenant still refuses to evict the premises. An action to recover the premises would be instituted in court.

It is paramount to note the following

- The service of a notice to quit on a tenant does not relief the tenant of his duty to pay rent. He must infact pay his rent to the last month he stays on the demised property.

- A notice to quit can be served at any time during the subsistence of a tenany agreement. The logic behind this is that the landlord might for any reason need his property for personal use.

- Self help in the eviction of a tenant or a landlord attempting to frustrate the tenant out of the premises ( for example cutting of PHCN and all other acts engaged in by landlords) is legally frowned out.

- Also those statutory notices aforementioned are only applicable where the TENANY AGREEMENT is silent as regards eviction. The implication of this is that a landlord can oust the application of this provision by stating his own mode of eviction in the TENANCY AGREEMENT.
Re: Recovery Of Premises In Lagos State by Ayomidedeji: 6:05pm On Nov 04, 2018
Legalissues:
I stumbled on a thread on this forum as regards RECOVERY OF PREMISES and based on the advise given by so many, its quite glaring that most people are really ignorant in this regard.
This write up would shed some light on this concept.

WHAT IS THE PROCEDURE FOR RECOVERY OF PREMISES IN LAGOS STATE?
A Landlord desirous of recovery his premises from a tenant should start off by:
Personally issuing a notice to quit on the tenant or give his solicitor or agent an authorization letter to do so on his behalf.
WHAT IS A NOTICE TO QUIT?
This is an eviction notice normally served by a landlord on a tenant.

LENGHT OF A NOTICE TO QUIT
A notice to quit could be of any of the following duration
- 6 months Notice to Quit : This normally issued on a yearly tenant.
- 3 months Notice to Quit: This is normally issued on half yearly or quarterly tenant.
- 1 Month Notice to Quit: This is normally issued on a monthly tenant.
- 7 days Notice to Quit: This is issued on a tenant at Will

COMPUTATION OF TIME ON A NOTICE TO QUIT
This is fundamental to a notice to quit. For Instance 6 months notice must be 6 clear calender months and notbing short of it. If Mr A issues out a notice to quit on the 6th of October 2018, the proper computation should be from that date till 30th April 2019. This is also how it works for all other quit notices as well.

WHAT HAPPENS IF AT THE END OF THE 6 MONTHS THE TENANT REFUSES TO GIVE UP POSSESSION?

The tenant should be served with a 7 DAYS NOTICE OF OWNERS INTENTION TO RECOVER PREMISES. This should also be 7 clear days. If after this the tenant still refuses to evict the premises. An action to recover the premises would be instituted in court.

It is paramount to note the following

- The service of a notice to quit on a tenant does not relief the tenant of his duty to pay rent. He must infact pay his rent to the last month he stays on the demised property.

- A notice to quit can be served at any time during the subsistence of a tenany agreement. The logic behind this is that the landlord might for any reason need his property for personal use.

- Self help in the eviction of a tenant or a landlord attempting to frustrate the tenant out of the premises ( for example cutting of PHCN and all other acts engaged in by landlords) is legally frowned out.

- Also those statutory notices aforementioned are only applicable where the TENANY AGREEMENT is silent as regards eviction. The implication of this is that a landlord can oust the application of this provision by stating his own mode of eviction in the TENANCY AGREEMENT.

Nice write up@poster. You are a lawyer?? Please i need your contact. Some terrible tenants are on my neck. I really need to evict them ASAP




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