RIGHTS OF A LANDLORD IN NIGERIA.

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6.      RIGHT TO ISSUE 7 DAYS NOTICE.

A landlord is the perpetual owner of his own property, being occupied by a tenant for a certain term. Upon the expiration of tenancy or occurrence of certain events the property reverts back to the lawful owner; landlord. Tenants are not owners of the buildings they occupy no matter how much they pay or how long there have been on it. Hence, a landlord has the right to recover back his property from any tenant.

In the process of evicting and recovering premises, a landlord has the right to issue a “Seven Days Notice” of his intention to recovers such premises to its occupier. In the legal chronology of processes for eviction and recover of premises, a “7 Days Notice of Owners Intention” comes after a “Notice to Quit” must have been served and had expired. Although like I had explained earlier in Right No. 5, they are instances where a landlord need not serve a “Notice to Quit”. In such instance, the landlord may just serve a “7 Days Notice of Owners Intention” straight away on the tenant.  Unlike a “Notice to Quit” a “7 Days Notice of Owners Intention” can only be drafted by a lawyer. The “7 Days Notice of Owners Intention” will state that the landlord’s lawyer (solicitor) will proceed to court to evict the occupant of the premises if such occupant fails to give up his possession within the specified seven days. Upon the expiration of seven days, the lawyer will pray the court to evict the occupant and order any unpaid rent and mesne profit to be paid.  No tenant can take away the building of a landlord from him or occupy his building without paying for such. Every period of occupation of a building must be paid either as rent or as mesne profit (mesne profit is a legal terminology for the amount owed by a tenant to a landlord from the date his tenancy expired till the date he packs out of the building and gives up possession to the landlord)  

 

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