STATUTORY NOTICES

A 26 years old woman Chinyere Umebionyo was arraigned in court for biting off the lips of her landlord in Ejigbo, Lagos state, Nigeria, it was gathered that Chinyere got angry when she returned from work and saw that her door had been removed by her landlord, over an outstanding sum of (Two Thousand Four Hundred Naira only) owed him as rent............CULLED

The first thing that came to my mind after reading was ‘who does that and gets away with it’ in a country/ state that has law in force. For the purpose of this discussion and in order for our readers who are landlords/ landlord to be adequately informed we shall be discussing the laws governing Tenancy in the country and how it works, these are known as ‘statutory notices’.

The law frowns at the ‘jankara’ practise of removing door or roof of the tenants over rents in arrears. The best practise is you seek the service of a legal practitioner and not remove a tenant’s roof or door no matter how much he/she owes.

What are the rights of parties in Tenancy?

The tenant is entitled to quiet and peaceful enjoyment of the premises which include privacy, freedom from unreasonable disturbance, and exclusive possession of the premises, subject to the landlord’s restricted right of inspection and the use of common areas for reasonable and lawful purposes.

Also subject to the agreement between the parties , the tenants shall be obliged to pay rents at the time and in manner stated, pay all existing and future rates, charges not applicable to the landlord by law, keep the premises in good and tenable repair, reasonable wear and tear expected, permit the landlord and his agents during the tenancy at all reasonable hour in the day time by written notice, to view the condition of the premises and to effect repairs in necessary part of the building, not to assign or sublet part of the premises without the written consent of the landlord.

What are the statutory notices required?

Subject to any provision to the contrary in the agreement between the parties and the service of the process in accordance with the relevant provisions of the law, upon the breach or non-observance of any of the conditions or covenants in respect of the premises, the landlord shall have the right to institute proceedings for an order to re-enter and determine the status. In case where there is no stipulation as to the notice to be given by either party to determine the tenancy shall apply.

i.                     A week notice for a tenancy at will.

ii.                   One month notice for a monthly tenant

iii.                  Three months notice for a quarterly tenant

iv.                 Three months notice for a half yearly tenant and

v.                   Six months notice for a yearly tenant.

As soon as the terms or interest of any premises has been determined by quit notice and the tenant refuses to quit the solicitor to the landlord may issue a written notice of the landlord’s intention to proceed to recover possession on a date not less than seven (7) days from the date of notice.

 

 

Offences and penalties for wilfully damage any premises.

Any person who demolishes, alters or modifies a building to which the law applies with a view to ejecting a tenant and without the approval of the court of wilfully damages any premises shall be guilty of an offence and is liable to a fine of up to N250, 000; 00 (Two Hundred and Fifty Thousand Naira only) or up to six months imprisonment and any other non-custodial disposition.

If your tenant won’t pay rent, serve him/her with the necessary statutory notices and if you are a tenant and your landlord break open your door, remove your roof talk to us.

Thank you.