The law went on to provide durations for notice to quit for varying tenancies. For yearly tenants, stipulated law says 6 mths quit notice monthly tenants 7 days notice but if the agreement stipulates otherwise, its whats in the agreement that would follow, except his lawyer intelligently capitalizes on equity. The notice to quit is the most important notice in the process of recovery of possession. However where there is no such provision in the tenancy agreement, section of the tenancy law of lagos will come to play. There is no hard and fast rule as regards the drafting of a notice to quit in as much as it contains the essential ingredients as earlier mentioned. The notice to quit is the notice period which a tenant must be given before the landlord can commence the process to evict the tenant. In most cases, before a landlord can formally file to evict a tenant, the landlord must first serve the tenant with a notice to quit. A notice to quit is used by the landlord to terminate its lease with a tenant due to the tenants undertaking of illegal or dangerous activities on the premises.
Sample notice to quit letter in nigeria to serve your tenants. 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. Rights of a tenant and landlord in nigeria propertypro insider. For instance, in lagos we have the rent control and recovery of residential premises law of 2003 and lagos tenancy law of 2011. Fashola leads fresh drive to restore law, order in lagos. Lagos gives quit notice to owners of illegal structures in. However, the recovery of premises laws requires an additional 7 days notice of owners intention to apply to court to recover possession to be given to the tenant. The tenant is informed that the lease is terminated and the premises must be vacated within a certain time period. In lagos for instance, the tenancy law of lagos state is used and that is. How to handle an eviction notice in lagos inside mosaic. All is set to regulate the relationship between landlords and tenants in lagos state, by the states house of assembly through a bill for a law to regulate the relationship of the parties under the tenancy agreement and specific procedure for the recovery of premises in lagos state and for connected purposes. Wada, who is the landlord, in compliance with the law serves mr. The relationship will, in most times, arise as a result of a contractual agreement between. In lagos by section 24 tenancy law, upon the expiration of the seven days notice of owners intention, if the tenant fails, neglects or refuses to quit and deliver up possession, the landlord or his agent may contact a lawyer to help him or her institute an action against the tenant for recovery of possession of the premises in the.
Jun 12, 2016 in the light of the laws determination to protect the often humiliated tenants in nigeria, it went on to provide that aside the service of a valid notice to quit on the tenant, the. For example, section of the tenancy law of lagos state, 2011 provides that where there is no stipulation as to the notice to be given by. Indeed, provision as to the duration of the quit notice to be given stated in the tenancylease agreement supersedes the provisions for quit notice in the tenancy law of lagos state 2011. If for instance your tenancy runs from january 2009 to decemebr 2009, your landlord is entitled to give you a sixmonths quit notice sometime in june 2009 to coincide with the termination of your tenancy in december 2009. How lagos tenancy law makes it easy for landlords to evict. The insertion of a wrong date invalidates the notice. The notice is to be issued on the tenant by either you or your lawyer via a written document. Before the first and second world wars, the relationship between the landlord and tenant was an abusive and exploitative one. Interestingly, the lagos tenancy law provides that where there is a stipulation as to the notice period in the tenancy agreement, then the parties will be bound by that notice period. The lagos state tenancy law 2011 provides that parties can provide for how a notice to quit can be given in the tenancy agreement, however, when there is no such provision, section of the law provides that.
Aug 29, 2016 these laws have also empowered tenant to question any increment in rent which he considers to be unnecessary, unjust or prohibitively section 37 of the tenancy law of lagos state a mistake, defect or omission in a notice to quit or a seven 7 days notice of intention can make such notice ineffective. Where there is no stipulation as to the notice by either party to determine the tenancy, the following shall apply. It is a letter and not necessarily a court document. At common law, the landlord on the effluxion of time or expiration of a valid notice to quit, may proceed to court for possession. Understanding the new lagos tenancy law vanguard news. Under the tenancy law of lagos 2011, section 29 provides that where a landlord refuses to accept the current rent from a tenant, the tenant may upon application to the court pay such rent to the courts registry. Lagos state tenancy law 2019 all you need to know information. Should the tenant who is served a quit notice still pay the.
It is important to note that the law does not have general application throughout the state section 1 subsection, tenancy law, 2011. By princess obare dafiaghor most lawyers inadvertently issue notices to quit even after the tenancy has been determined by effluxion of time. Then a months notice for monthly tenants, 3 months notice for halfyearly tenants and 6 months notice for yearly tenants. The lagos state tenancy law 2011 provides that parties can provide for how to a notice to quit can be given in the tenancy agreement. The law ensures that rights of the landlords and tenants are protected during a tenancy agreement. The guiding law for the lagos state tenancy agreement is the lagos state tenancy law 2011. Check quit notice law in nigeria and learn about nigerian tenancy agreement, nigerian law on eviction and tenancy law of lagos state. When you want to recover your property from a tenant, you are legally obliged to issue a quit notice except in a situation where the tenancy has expired by effluxion of time or by operation of law. A quit notice may be given before or after the expiration of your tenancy. Rights of landlords and tenants in nigeria part 1 ibeju. Nov 22, 2018 section of the tenancy law of lagos state provide that in the absence of the stipulation of notice to be given by either party, the following shall apply. What determines the validity of quit notices in nigeria. The tenancy law of lagos state came into force on 24th august, 2011.
Everyone wants to live in a good apartment without the stress of a landlord and all that, most tenants complain about their landlords giving them a hard time after they have moved into the apartment which they paid for, many find it hard to be free in the house, there are times where even tenants and landlords fight. Apr 14, 2019 according to section 47 of the lagos state tenancy law, it means agreements whether written or oral, express or implied between a landlord and a tenant regarding possession of premise this relationship is usually for a fixed period of time usually between the period of one to three years with an option to renew. The tenant is informed that the lease is terminated and the premises must be vacated within a. When is it right for a landlord to give quit notice. This law is said to consolidate all property and land based charges in lagos state and makes provisions for levying and collecting land use charge in respect of properties in lagos state. While for a yearly tenancy agreement, the length of notice for termination is for six months. Indeed section is only applicable where there is no contrary provision in the agreement.
For instance, a notice of six months is necessary to determine a yearly tenancy and such notice must terminate the tenancy at the end of the current term of the. Take notice that in the event of your refusal to comply with. The new lagos tenancy law in detail nigeria property centre. In respect of a business premises in vi lagos, the law applicable is the lagos state tenancy law 2011 which stipulate the working and rights of the landlord and occupants while upon enforcement, it is the provisions of the lagos state magistrate court law of 2009 though with due consideration of the above 2011 tenancy law. For the purpose of this paper, the salient points in ten 10 of the most important laws in lagos state governing real estate practice are below highlighted and explained. Nigerian notice to quit a notice to quit is used by the landlord to terminate its lease with a tenant due to the tenants undertaking of illegal or dangerous activities on the premises. In lagos by section 24 tenancy law, upon the expiration of the seven days notice of owners intention, if the tenant fails, neglects or refuses to quit and deliver up possession, the landlord or his agent may contact a lawyer to help him or her institute an action against the tenant for recovery of possession of the premises in the magisterial court district or high court division where the premises is situated. 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.
In the case of a tenancy for a fixed term, no notice to quit shall be required once the tenancy has been determined by effluxion of time and where the landlord intends to proceed to court to recover possession, he shall serve a seven 7 days written notice of his intention to apply to recover. Section 12 of the lagos tenancy law signed into law in august last year by the state governor, babatunde fashola, stipulates the period of notice to be given by either party to determine the tenancy. The date of the expiration of the notice to quit must be correctly stated on the notice to quit or else the notice will be invalid. The landlords is the owner of the premises and the person who lets the premises to the tenant in exchange for rent. Section 12 of the lagos tenancy law signed into law in august last year by the state governor, babatunde fashola, stipulates the period of notice to be. Any term in the agreement is binding on the parties who endorse it voluntarily without any form of coercion. Indeed, provision as to the duration of the quit notice to be given stated in the tenancylease agreement supersedes the provisions for quit notice in the tenancy law of lagos. Unlike before, the quit notices need not terminate on the anniversary of the tenancy. Should the tenant who is served a quit notice still pay. It is settledthat a notice to quit in order to be effective ought to determine the tenancy at the end of the current term of the tenancy as illustrated in the case of african petroleum ltd. If he is already 6 months in arrears of rent, have your lawyer serve him with a notice to quit, according to your agreement with him.
Residential property in lagos inset chief kola akomolede. Most times, a notice to quit is often issued by the landlord to the tenant where the tenant has breached the terms of the agreement. On the expiration of the time stated in the notice of intention to apply to recover possession, if the tenant or any person in possession of the premises still fails, refuses or neglects to give up possession, then the landlord or his agent may apply to the appropriate court for the issuance of a writ or enter a plaint against the tenant or such other person neglecting to refusing to deliver up. Aug 12, 2019 the lagos tenancy law is only recognized in the state of lagos and defaulters can be charged to any court within the state. The landlord and tenant relationship is guided by law and both parties have their cover or protection against any untoward behavior of the other party in law. Aug 03, 2017 when i first put up this post, some learned friends and colleagues particularly those practicing in lagos put up the argument that periodic tenancies must be determined by a notice to quit and that non payment of rent does not change the nature of the tenancy. These laws have also empowered tenant to question any increment in rent which he considers to be unnecessary, unjust or prohibitively section 37 of the tenancy law of lagos state a mistake, defect or omission in a notice to quit or a seven 7 days notice of intention can make such notice ineffective. Recovery of premises law provides that a valid quit notice of a. Tenants rights under the nigerian law what you should know. However it is important to note that the provision of the tenancy law of lagos does not apply to all premises in lagos.
Under the 1997 recovery of possession law of lagos state and the 1991 recovery of possession edict 1991 of rivers state, only the court can order the eviction of tenants. Udoh also said that the law did not favour the poor as the seven days quit notice for the recovering of property only target the poor, who rents one or two rooms but did not apply for duplex and flats rents, which still require six months notice. How to serve a notice to quit in lagos the nigerian blawg. The notices that the recovery of premises act requires to be served on a tenant are the notice to quit and a 7days notice of owners intention to. The notice to quit is the notice period which a tenant must be given before the. In lagos state, the rent control and recovery of residential premises law, lagos state tenancy law of 2011 is applicable. Section of the lagos state tenancy law prescribes the length of notice to be served. These laws provide that eviction of a tenant by a landlord should be initiated by issuing a notice to quit which can be drafted by the landlord himself or an agent of his such as a lawyer. A landlord can issue a notice to quit to a tenant falling into arrear of his rent depending on the period of tenancy agreed upon. Recovery of premises law provides that a valid notice to quit quit notice of a landlords intention to terminate quit the tenancy of the tenant must be written and served on the tenant. A agaba iv it would appear that the use of the phrase the tenancy shall lapse and the court shall make in order for possession and arrears of rent used severally in section of the tenancy law of lagos does not obviate. Lagos gives quit notice to owners of illegal structures in lekki. Will a tenant pay during his 3 or 6 months quit notice.
If there is no notice period, then the lagos tenancy law provides for the. No longer can the landlord come in the morning and ask you to quit by evening if he has not served the appropriate and due notice. When you want to recover your property from a tenant, you are legally obliged to issue a quit notice except in a situation where the tenancy has expired by. Lagos state of nigeria official gazette no 37 ikeja 26th august 2011 vol. May 30, 2019 a notice to quit is a formal legal document a landlord sends a tenant in an attempt to fix a lease violation. The lagos tenancy law is only recognized in the state of lagos and defaulters can be charged to any court within the state. All of a sudden i received notice of quit from my landlord, and i just used 10months out of my 18months i personally met him if. Quit notice law in nigeria resolution law firm lagos. A notice to quit is only necessary for the determination of a tenancy, where. As earlier stated when a contract has been reached it is agreed by the parties on the amount payable on the premises let out to the tenant which is called rent, the landlord, in turn, is obligated to issue rent payment receipt to his tenant in respect of.
Owing to this fact, lagos state has a number of laws governing real estate practice, some of which have been adopted by some of the other states. In lagos by section 24 tenancy law, upon the expiration of the seven days notice of owners intention, if the tenant fails, neglects or refuses to quit and deliver up possession, the landlord or his agent may contact a lawyer to help him or her institute an action against the tenant for recovery of possession of the premises in the magisterial court district or high court division. The relationship between the landlord and tenant would arise where the owner of a land that is the landlord or landed property would confer on the tenant the right of exclusive possession for a term of years as agreed between them. The law came to force on 8th february 2018, and it repealed the 2001 version. The notice to quit is a statutory requirement for the termination of all forms of periodic tenancies. Aug 30, 2011 residential property in lagos inset chief kola akomolede. Kekere a quit notice from 1st of july to 31st december 2017. Quit notice section subsection 1 of the tenancy law prescribes the length of notice to be given where there is no agreement between the landlord and the tenant to determine the tenancy, which are. Na the only thing way lagos dey use fup be dat, my tenant dey tell me patapata. It is important to have the law stored somewhere if you live in the state of lagos as it would come in handy. It was for this reason several laws like the tenancy law of lagos and the recovery of premises act were instituted. Jan 12, 2016 section of the tenancy law, lagos, 2011, provides that.
So, if you are a tenant reading this, you need to read your tenancy agreement again and find out what the notice period is. Apr 12, 2019 lagos state tenancy law 2019 all you need to know. Here insert reason or reasons for the notice to quit possession or occupancy using the statutory language or words of similar import. Tenancy agreement and issues leading notice to quit. Dec 15, 2019 lagos gives quit notice to owners of illegal structures in lekki. It is pertinent to note that this notice unlike a notice to quit has a 7day life span.
The issuance of quit notice has also been made easier. After this is done, the landlordagent will wait until the notice period expires before serving the tenant with a seven days owners intention to recover possession. Quit notice how to serve a quit notice in lagos a number of landlords and estate agents have always wondered how to best rid themselves of very stubborn tenants without erring in law, apparently some of these tenants unscrupulously seek to exploit the lacuna in the law just so they can live in a property for years. Section of the tenancy law of lagos state provide that in the absence of the stipulation of notice to be given by either party, the following shall apply. A notice to quit is a formal legal document a landlord sends a tenant in an attempt to fix a lease violation. Read recovering residential premises from tenants in lagos state. His last payment of rent for one year was made on the 2nd of january, 2016. The notice to quit is a statutory requirement for the termination of all. State tenancy law, but generally one year tenancy is 6 months notice to quit, if its a. It applies to all premises within lagos state, including business and residential premises unless otherwise specified. Misdescription of the promises or failure to describe the promises bought to be recovered. It provides that a one 1 year or above tenancy will require at least a six 6 months notice. A template of a notice to quit can be found in form tl2 and tl3 of the schedule of the lagos state tenancy law 2011.
It prescribes a 7day notice for a fixed rent or tenancy at will. As soon as the term or interest of any premises has been determined by a written notice to quit as in form tl2 or tl3, in the schedule this his law and the tenant neglects or refuses to quit and deliver up possession of the premises or any part of it, the landlord or his agent may cause the tenant to be served with written notice as. How to lawfully eject tenant from your house in nigeria 2020. As a tenant, it is your right by law to have adequate notice to quit if your landlord wishes to take possession of his premises. This notice gives the tenant a chance to fix the issue. Normally, landlords who know the law would give you a quit notice within a. Tenants rights under the nigerian law and what you should know. The basic rules of sending a tenant a notice to quit. Furthermore, you are requested to settle all your outstanding rent, electricity bills, rates and levies, and keep the apartment in a tenantable condition before your departure.
Any notice to quit or notice of intention to apply to. Notice to quit sample template online word and pdf. He was under no obligation then to furnish the tenant with notice. The quit notice or notice to quit usually applies to the tenancy at will and periodic tenancy. For instance, where the tenant sublets the property, or refuses to pay his rent. Notice to quit a notice to quit is a letter which is given to a tenant requesting them to vacate the premises of the landlord. This informs the tenant of the landlords intention to evict them from the premises. This issue was considered by the court of appeal, lagos, in the case of.
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