By Emmanuel Okonkwo
One of the basics of life is Shelter – where to lay your head.
And for all average persons (or affluent persons who prefer to stay in a rented apartment for whatsoever economic reasons), one of the worries is “my landlord”.
Before your rent expires you get a paper called quit notice. You default in paying rent when due, you get a paper called quit notice! Sometimes, all you see is the later 7 days notice and you find yourself in court.The next thing you enlist your landlord as one of your enemy of progress. (Lol. Just joking).
The First Mistake
When entering a house, Oga, Madam, the first thing you should make sure of is to get your tenancy agreement. Have same reviewed by your lawyer. Many did not. Why should you?
Some Landlord have very good lawyers who will make sure no long notice is required to evict you, except the 7 days’ notice.
Some agreements will make it certain that whatever you develop in the property cannot be taken away.
Some will exclude you from renting it out no matter the reason and exclude you from so many things. But because you are desperate, you sign. You understand now?
No Agreement & Your Advantage
When there is no agreement and you are paying yearly as a yearly tenant (in Lagos State at least), the Landlord is bound by law to give you 6 month notice to quit in advance before evicting you. If you are a quarterly tenant, 3 months, etc. the notice has to be given early enough as to expire on or after the eve of the anniversary.
If the above notice is not given, you can insist and stay on the property (that is if you are not afraid of village juju or agbero boys).
Even after the notice has expired, you may not leave until the 7days notice of owners intention to recover possession has been served. Then some run (when they can) or they will be called to court.
Your Funeral
All those time you were forming am not leaving? Oga, madam, you will still pay the rent of those months you stayed back. It is called manse profits.
Recently, I witnessed in Court how a tenant who ran away was caught and his investments and money in bank all freeze. After a year since he left the premises. He was forced to pay for the 9months he stayed without paying, amounting to N3,100,000.00 plus interests. I sensed his mind screaming ‘had I known’.
To Landlord:
Always go for a standard non-renewable agreement for a fix term certain, to avoid dubious tenants.
To Tenants:
Keep the money for your rent always and never touch it to avoid legal disaster. But if you have been good and your Landlord is a crook, the Law is there to protect you.
