Home Special Report Law And The People (4); Tenant Rights vs Landlord Demands,…Quitting Notices Explained

Law And The People (4); Tenant Rights vs Landlord Demands,…Quitting Notices Explained

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A common dispute in many Southwestern urban centers occurs when a landlord orders a tenant to pack out within days. Under local tenancy laws, eviction is a strict legal process, not a sudden command.

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Unless your tenancy agreement states otherwise, the law dictates specific notice periods based on your payment structure:

* Weekly tenants: 7 days’ notice

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* Monthly tenants: 1 month’s notice

* Quarterly/Half-yearly tenants: 3 months’ notice

* Yearly tenants: 6 months’ Notice to Quit

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Once the Notice to Quit expires, the landlord cannot throw your belongings into the street, change your room’s padlock or remove your roof. They must serve a statutory 7-Day *Notice of Owner’s Intention to Apply to Recover Possession* .

Sometimes tenants wrongly assume that the notice period should be served after the tenancy has expired. This is not correct. A landlord can issue and serve notice to quit within the pendency of your tenancy. 

Also the calculation of the period varies by states. For example in Lagos State, for a six month’s period, it doesn’t matter if it terminates outside the tenancy or within. The law is that, so long as there is a six month period for the notice. 

Only a court order enforced by court bailiffs can lawfully evict a tenant.

Unlawful self-help by landlords exposes them to heavy civil damages.

It is highly recommended that you have an agreement between you and your tenant/landlord. The position of the law is that the agreement supercedes the statutory provisions. It can be written in the agreement that the tenant will only be entitled to a week’s notice after expiration of tenancy. 

Seek the Law, Seek Peace. @Dr. Embee BADR