NOTICE TO QUIT PALAVA

See guys, this Landlord and Tenant wahala has now become something else, with some stubborn tenants refusing to pay rents, and landlords threatening law abiding tenants with “Quit Notices”.

So, let us talk. What really is this “Notice to quit”? When and how can it be issued? Is a tenant to pay rent after receiving “Notice to Quit” from his/her landlord?

No landlord deserves a tenant that has no intention of paying his/her rent, therefore, the law makes provision for landlords to have such tenants thrown off their properties. Tenants likewise, do not deserve Landlords that just wake up from their slumber and decide to throw them out, so the law makes provision for the protection of such tenants.

What is Notice to Quit?

A Notice to quit is a document that is served by the Landlord on a tenant stating the landlord’s intention to have the tenancy agreement determined (terminated).  It is a tenancy agreement that allows the tenant to remain in the house and pay rent to the landlord. Once that agreement is terminated, the tenant has no business in that house (and by house, I mean, stores, shops, apartments, and so own).

When can it be served?

It is important for both Landlords and Tenants to know when a proper “Notice to Quit” is to be served. I mean, you don’t just take this document and serve on a tenant anytime you feel like doing so. The law frowns at such. Once there is a tenancy agreement between two people, the law prescribes the manner is which such tenancy can be determined (terminated) and when a Notice to quit can be deemed to be properly served.

First thing first. The laws governing recovery of premises (that is eviction of tenants) in Nigeria differ from state to state. However, there are similarities amongst all states except Lagos state. So, I might have to write what is applicable to Lagos state, and what is applicable to other states.

Generally speaking, if someone is a yearly tenant, then he/she is entitled to a six-months’ notice to quit. If the tenant is a monthly tenant, then he is entitled to just a month’s notice to quit. If he is a quarterly tenant, then it is a quarter’s notice, and a tenant at will and weekly tenants are entitled to just one week’s notice to quit.

Yearly tenancy in States other than Lagos.

Now, when issuing a six months’ notice to quit in states other than Lagos, the notice must be served to end on the midnight of the eve of the anniversary of the tenancy. Simply put, if “A” is a yearly tenant of “B” with the tenancy commencing from January 1^st  , 2023 and ending December 31^st, 2023, whenever B intends to issue a quit notice, he must make sure that the notice to quit ends on the eve of the anniversary of the tenancy, i.e, the 31^st day of December 2023. The only way to do that is to ensure that he serves the Notice to Quit on or before 1^st July 2023.

“B” cannot give a six-months’ Notice to Quit to “A” on August 1st, 2023 and ask “A” to quit the apartment by December 31^st, 2023. That would not be a six-months’ Notice to Quit. Also, “B” cannot issue “A” a six-months’ Notice to Quit on 1^st October, 2023 asking “A” to quit the apartment in March 31^st, 2024.  This is because, although the notice is a six months’ notice, it would not end on the eve of the anniversary of the tenancy, that is,  31^st December, 2023.  I am simply trying to say that, if for any reason “B” sometime in September 2023 (or any other date after 1^st of July 2023) comes to the conclusion that he wants to quit “A” whose tenancy ought to expire December 31^st, 2023, “B” can still issue a Notice to Quit, but that notice to quit will have to end on the eve of the anniversary of the tenancy, that is, 31^st December, 2024, not any date before then.

Does the above mean that “A” would not pay rent for the extra months that he/she would be staying? I wish I knew where Nigerians got this idea from. Please note that you would pay. You would pay for every day you stay in that building. In fact, in law, we call it mesne profit.

Yearly tenancy in Lagos.

In Lagos, the six months rule also applies, but with a slight difference. The difference is that the Notice to Quit does not compulsorily have to end on the eve of the anniversary of the tenancy. It can end anytime after the eve of the anniversary, but definitely not before. Let us take the “A” and “B” example again. Imagine that the apartment is somewhere in Lagos state. If “B” wanting to evict “A” from the apartment gives “A” a six-months’ Notice of Quit on 1^st July, 2023 to end 31^st December, 2023, that would be a proper Notice to quit, because it is six months and it terminates on the eve of the anniversary. Also, if “B” issues “A” a six-months’ Notice to Quit on 1^st October, 2023 to end 31^st March, 2024 it would still be proper Notice to Quit, because it is six months, even though it does not end on the eve of the anniversary of the tenancy. However, “B” cannot issue a Notice to Quit to “A” on June 1^st, 2023 to end November 31^st, 2023, simply because it is six months. This is obvious, the actually tenancy is still running.

Tenancy Agreement

It is advisable to have a written agreement. Nigerians are fond of having oral tenancy agreement, where both parties just agree as to the time to pay the rent and the tenant moves in. This is not advisable. As a Landlord, you must get your lawyer to draft a tenancy agreement between yourself and the tenant. Why? Because, in an agreement you can put in clauses (certain paragraphs) that would be binding on you and the tenant. Take for instance, instead of the six-months’ notice that is compulsory for a yearly tenancy, you can ask your lawyer to insert a clause stating that the tenant is entitled to only one-month notice. As far as the tenant signs, it becomes binding on both parties to the exclusion of the “six months’ notice rule”. Meaning, rather than giving a six-months’ notice to quit, you can give a month’s notice. Agreement is key.

TIPS: The moment the tenancy expires without the tenant renewing the rent, the tenant becomes a “Tenant at Will”. A “Tenant at Will” is a person who holds an interest in premises at the will of the Landlord. A “Tenant at Will” is only entitled to a week’s notice (I said this earlier). So, another tip is to allow the tenancy to expire, and on seeing that the tenant is not willing to pay, the landlord issues a one week notice to quit. This means that as a tenant, never allow your rent to expire, else you become a “tenant at will”.