How does quit notice work in Nigeria? 24 intriguing quit notice laws and issues all tenants and landlords must understand
-Tenants are entitled to request written tenancy agreements from their Landlords.
How does quit notice work in Nigeria? These are some of the questions that this article will answer for you.
1. What is a Quit Notice?
Quite Notice is a document from a landlord to tenant demanding the renter quit (leave) the premises that are rented by them.
A quit notice is a document issued by landlords to tenants informing them on the date they must vacate their rented property or be evicted by law enforcement officers. It is usually issued in the last 3-6 months of rent payment and it ensures that tenants do not overstay beyond the time stipulated in an agreement with a landlord, which can result in eviction proceedings if there is no extension granted.
Tenants can stop eviction proceedings if they comply with quit notice laws in Nigeria. The notice must be written and it is usually given within six months of rent payment for homes or three months’ notice period for commercial property.
2. When can I use a quit notice?
Quit Notice can be used when a tenant fails to pay rent or when a landlord wants the tenant out for some other reason.
Quit Notice can also be used as an opportunity by the Landlord and Tenant to negotiate on any issues that may have arisen in between them. So quit notice is not necessarily eviction proceedings but could be a way of negotiating with your tenants before you are served with a notice of eviction from the court.
3. How does quit notice work in Nigeria?
The Nigerian existent tenancy agreement sets out a specific process for landlords to use quit notices on tenants and this is stipulated by Section 30 of the Nigerian Land Use Act, Cap L-17 Laws of The Federal Republic of Nigeria. The law stipulates that quit notices must be written and served on tenants.
Quit notices usually state that the tenant must leave and take all their belongings with them within a specific time period otherwise they will be forced to leave by legal means. The amount of time given should not exceed one month.
In the first instance, a quit notice should contain the following:
The date of service; The address or location of the property to which it applies; The name(s) and address(es) of the tenant(s); How much time is allowed for tenants to stay in the property after quit notice has been served.
The Tenants Guide to quit notice in Nigeria
Notices to quit are usually issued in the last three months of rent payment for homes or six months’ notice periods for commercial property. A quit notice can be used when a tenant fails to pay rent or when a landlord wants their tenants out for some other reason and it may also be an opportunity for the Landlord and Tenant to negotiate any issues that may have arisen between them.
4. How does Quit Notice Work?
In Nigeria, a quit notice is issued to quit the property either for not making payment or violating any term of the contract between tenant and landlord. It is important that you receive a quit notice before eviction from the court.
A tenant is obliged to pay the landlord for the whole period he is under quit notice. Notices to quit in Nigeria can be given for a variety of reasons. These are just some examples:
– If the quit notice was given to you because of non-payment, then after receiving quit notice from your landlord or agent, you have 14 days in which to pay up the full amount before being taken to court.
– If quit is due to violation of term(s) tenants can seek negative measures.
5 . How can one prepare for the process of giving one’s landlord or tenant a quit notice?
The process of giving a quit notice in Nigeria begins with serving the quit notice to your tenant or landlord. The quit notice should state that you want them out on a certain date and it’s important for this quit notice to be served properly, otherwise it becomes invalid. A “Proper Notice” begins with writing the name of every person who is living in the property being rented for at least one month and continue with sending the quit notice by registered letter.
The next step is to wait for a reasonable amount of time. If they have not quit the property within that time, you can file an eviction suit with your local court and ask them to order the tenant or landlord to quit. You will also be required by law to pay any unpaid rent before filing this suit.
If the tenant still refuses to quit or pay the rent after you file an eviction suit, the court will order a writ of possession to be issued. This is an official eviction letter from the sheriff’s department that states the tenant must quit and surrender lawful possession of your property within a certain amount of time, depending on the jurisdiction.
If they have still not quit by this point, you can ask for a Warrant Of Restitution which gives you the power to forcibly evict the tenant and their property.
After obtaining the Warrant Of Restitution, you can seek the assistance of law enforcement to remove the tenant from your property or hire a third party that specializes in evictions.
The Warrant Of Restitution is for forced eviction only and not filing an unlawful detainer suit. This means it cannot be used if you simply want to lock out tenants without going through legal proceedings first.
However, if your intention is to lockout tenants without going through legal proceedings, you can simply give tenants a quit notice. Suffice it to say that a quit notice is like an eviction warning to let the tenants know they need to vacate the property or else legal proceedings will be filed against them.
It is only when your tenants fail to comply with quit notice that you can demand possession of their property and money for unpaid rent, utilities.
6 . What is the importance of having proper documentation when giving your landlord or tenant notice?
Having the proper documentation in the course of giving quit notice is crucial in the process of eviction.
– The quit notice should be written and properly filled to reflect all important information such as date, time, the reason for giving quit notices (if any), the signature of the landlord or representative with their company name and designation.
– Tenants can file a lawsuit against landlords if they feel that quit notice has some lapses and is not legally served.
– When quit notice is not given by the landlord or representative, tenants can file a lawsuit against the landlords to make it accountable for their actions.
– If quit notices are issued without any legal ground(s) and tenants do not leave within 14 days of issuance, they will be sued in court to force them out.
7 . Who should be given notice first, my landlord or my tenant?
The question is, who should be given the notice first? The landlord or the tenant? This question is often asked by many people, especially landlords. However, the answer to this question is quite simple; both are supposed to be given quit notices at the same time! If you fail to give quit notice to your tenant while giving it a landlord who does not own any property in that area or building where you live then you might risk being given quit notice by your tenant.
Issuance of quit notice is a very sensitive process, and it should be handled with care.
8 . What are the effects of giving your tenants quit notice?
Giving tenant quit notice has consequences on the tenant and the landlord. For the landlord, a quit notice gives them an opportunity to begin eviction proceedings.
For tenants who are served quit notices by their landlords, there is usually a time limit that they can stay in the property before being obligated to vacate. This means if your tenant has received a quit notice and does not leave within this given time frame you can file for eviction.
The landlord can face some negative consequences if they give quit notice to their tenants. This can be avoided by ensuring that the tenant has violated the terms of your lease agreement before giving quit notice. If you are not careful, this could lead to decreased property value or even lawsuits against you for wrongful eviction.
So when a landlord gives quit notices, he has a risk to lose his tenant, or lose money by performing eviction.
– Tenants can file a lawsuit against the landlord for wrongful eviction if quit notice has been given without any reason to do so
– Landlords should not give quit notices unless they have proof that their tenants are violating some terms of the agreement signed between both parties at the time of leasing property.
9 . Who benefits from the quit notice law in Nigeria?
Another question worthy of consideration: is who benefits from the quit notice law in Nigeria? The answer to this is quite noticed law benefits both the landlords and tenants.
– Landlords benefit from quit notices as they can use quit notices to protect their property, evict those who violate terms of the agreement such as not paying rent on time or violating other rules set forth in the tenancy contract.
– Tenants also benefit because this gives them a chance to correct their mistakes and serve themselves of the embarrassment of eviction.
But the greatest beneficiaries of quit notice law in Nigeria are the (Nigerian) people at large.
10 . Why should I care about this new law in Nigeria?
Why should someone care about this new quit notice law in Nigeria? People at large benefit from this new legislation because it creates a sense of security when renting property, knowing that landlords can’t evict them without following due process.
11 . What are the other pros and cons of the new Nigerian Quit Notice Law?
However, the new Nigerian quit notice law has pros and cons as well. On one hand, it forces landlords to abide by the law, but on the other hand, there is a need for tenant screening and background checks before renting out property.
So landlords can no longer claim to all-power and above the law. Similarly, It expresses the need to have a quit notice agreement in place before renting out a property as well as ensuring that people of questionable character are not rushed into a property for the sake of money.
– Renters can freely quit without notice giving tenants more flexibility in their lives.
– Landlords are no longer above the law, forced to follow due process when evicting a tenant or renter. Now they have to go through proper legal channels before removing anyone from property legally.
12. What is the duration of the quit notice? How long does quit notice last in Nigeria?
You are entitled to 7 days if your tenancy is on a weekly basis a yearly tenancy has a 6-month notice period to vacate. So half-year notice for a yearly tenant; that is, the Landlord must provide the tenant at least six months’ notice to vacate the premises via a quit notice.
13 . Will a tenant pay rent after a quit notice in Nigeria?
Regardless of whether he has been given the notice to vacate or not, the tenant is still required by law to pay the rent he owes to the landlord, even if he is no longer considered a tenant to the landlord. This gives the tenant the right to remain in the property until the new tenancy expires.
14 . How much notice does a landlord have to give a tenant to move out in Nigeria?
You are entitled to 7 days’ notice to quit if your tenancy is on a weekly basis. Tenancy at will with a seven-day notice period. One-month notice is required for a monthly tenancy. Three months’ notice is required for a quarterly tenancy.
15 . Can the landlord force the tenant to leave?
Yes, the tenant will most likely have to relocate. If the tenant does not have the landlord’s permission to stay longer and does not vacate, the landlord may file an application to evict the tenant.
16 . How do I write a quit notice in Nigeria?
How to Give a Tenant a Quit Notice in Nigeria:
-Use the tenant’s name as it appears on the tenancy agreement
-Let’s get right to the point….
-Give the tenant the reason(s) for the notice to vacate.
-Your letter should be worded in such a way that the tenant can understand it.
17 . Can a tenant stay after giving notice?
In a Periodic Tenancy, a tenant’s Notice to Quit will end the tenancy. A notice to quit can only be revoked with the landlord’s permission after it has been served. If the landlord insists, the tenant must vacate on or after the expiration date of the notice.
18 . How do you remove a stubborn tenant?
If your tenant is already 6 months in arrears of rent or according to your agreement with him, the first step in evicting him is to have your lawyer serve him with a notice to vacate. For the termination of all types of periodic tenancies, a notice to vacate is a legal necessity.
19 . What are the rights of a tenant in Nigeria?
Right to habitable premises – As a tenant, you have the right to live in habitable premises, and if the premises become uninhabitable for any reason during your tenure, such as floods or damage to critical utilities, you can ask the landlord to make the premises habitable.
20 . Can a landlord evict a subtenant?
In the case that the landlord sublets the premises to a third party, the tenant has the right to be notified to evacuate the premises. Both the renter and the sub-tenant will be evicted in this situation. The power of the sub-tenant to sue the renter for compensation will be protected.
21 . What happens if a tenant refuses to leave?
This provides the landlord with an extra layer of protection in the event that the tenant refuses to vacate or pay rent. If your renter has sublet a portion or all of your property without your permission, you have the right to evict them.
22 . How do you politely tell a tenant to move out?
How far may I go behind on my rent before being evicted? Depending on the sort of tenancy agreement you have with your landlord, the legislation differs. However, it normally stipulates that a renter must be 8 weeks behind on rent (if paying weekly) or two months behind on rent (if paying monthly) (if paying monthly).
23 . How many months rent arrears before eviction?
How far may I go behind on my rent before being evicted? Depending on the sort of tenancy agreement you have with your landlord, the legislation differs. However, it normally stipulates that a renter must be 8 weeks behind on rent (if paying weekly) or two months behind on rent (if paying monthly) (if paying monthly).
24 . How do you politely ask for rent late?
Set up payment reminders for your rental. Asking for money before someone is late is the most courteous approach to do so! You can be quite polite when sending a reminder a few days before the rent is due. Rather than a request for late payment, sending a reminder about a forthcoming payment is always a more pleasant communication.
25 . Can tenants become owners?
In this case, the tenant has no right to claim ownership. ONCE A TENANT, ALWAYS A TENANT is the rule of thumb. A tenant cannot claim ownership of a property while you are paying rent. You should file an eviction petition as soon as he stops paying rent.
Conclusion
We hope these intriguing 25 issues addressed in this article have answered the question: How does quit notice work in Nigeria?
