LEGAL WISDOM FOR LANDLORD

G

Giwa Ihesha

Member
IMPORTANT CLAUSES EVERY LANDLORD SHOULD HAVE IN A TENANCY AGREEMENT

Landlords, your tenancy agreement should contain more than just the rent and duration of the tenancy.

Here are 3 clauses you should pay attention to:

🥢FIXED-TERM TENANCY CLAUSE

Clearly state when the tenancy starts and when it ends. For example, “This tenancy shall commence on 1 January 2027 and expire on 31 December 2027.”

Also state the process for renewal so there is no confusion when the tenancy expires.

🥢RENT REVIEW CLAUSE

If you intend to review the rent periodically, put it in the agreement. For example, “The rent may be reviewed at the end of every two years, subject to applicable law and required notice.”

Clearly state when and how the review may happen. Don’t leave important rent terms to verbal agreements.

🥢INSPECTION CLAUSE
Your agreement should state the circumstances under which the landlord may inspect the property and the notice to be given to the tenant. For example, “The landlord may inspect the premises at reasonable intervals upon giving reasonable prior notice, except where immediate access is permitted by law.”

Inspections may be necessary to:
✔️ Check the condition of the property.
✔️ Identify repairs.
✔️ Check for unauthorised alterations.
✔️ Carry out maintenance.

But remember, being the landlord does not mean you can enter your tenant’s apartment whenever you want.

Please, don’t simply download a tenancy agreement from the internet and use it for every property. Your agreement should reflect the property, location, rent, duration and applicable law. A tenancy agreement is not just paperwork. It is what sets out the relationship between landlord and tenant.

Landlords, check your agreement.
Tenants, check yours too.

#highlights #highlightseveryone
 
3 Common Misconceptions Many Landlords And Tenants Have About Tenancy. 👇

1. “Once a tenant pays for a year, they are automatically entitled to six months’ notice.”

Wrong. The notice period is not determined simply by the fact that the tenant paid yearly rent. Where there is a valid tenancy agreement, the terms of that agreement applies.

2. “The period a tenant remains in the property after the tenancy expires is free.”

No. A tenant who remains in possession after the tenancy has ended may be liable to pay mesne profits for the period they wrongfully remain in possession.

3. “A landlord can only serve a Notice to Quit after the rent has expired.”

Not necessarily. A landlord does not always have to wait until the expiration of the rent before serving a Notice to Quit. The timing and validity of the notice depend on the nature of the tenancy, the tenancy agreement and the applicable law.

Know your rights. Know your obligations.

Emmanuella Ojialor
 
Olatunde Akanbi said:
Is the quite notice with out a lawyer valued?
Click to expand...
yes it is, a notice to quit can be served by a landlord himself, the agent or anybody authorised by the landlord to manage the landlord’s property. Just take note of the following
1. A notice to quit should properly describe the property (whether it is a three bedroom flat, bungalow, semi detached or terrace, etc) and also its location.
2. It must be addressed to the name of the tenant or anybody authorised person occupying the premises.
3. It must state the period or length given (whether it is a one week notice, one month notice or six months’ notice)
4. It must be signed by the landlord himself or anybody authorised by the landlord to act on his behalf concerning the property.
 
Onwura Chioma said:
yes it is, a notice to quit can be served by a landlord himself, the agent or anybody authorised by the landlord to manage the landlord’s property. Just take note of the following
1. A notice to quit should properly describe the property (whether it is a three bedroom flat, bungalow, semi detached or terrace, etc) and also its location.
2. It must be addressed to the name of the tenant or anybody authorised person occupying the premises.
3. It must state the period or length given (whether it is a one week notice, one month notice or six months’ notice)
4. It must be signed by the landlord himself or anybody authorised by the landlord to act on his behalf concerning the property.
Click to expand...
Thanks for the clarification.
 
please, at this stage,how many days or months notice will the landlord give to the tenant to quit the apartment even after paying for the six months been a yearly tenant ?
 
if a landlord fails to give a tenant 6months quick notice before the expiration of his rent and the tenant refuses to pack after his rent expires 8 months ago.. what should the landlord do to recover his property?
 
Yekini Grace said:
if a landlord fails to give a tenant 6months quick notice before the expiration of his rent and the tenant refuses to pack after his rent expires 8 months ago.. what should the landlord do to recover his property?
Click to expand...
in this situation, a landlord should serve a seven days’ notice to quit, followed by a seven days’ notice of owner’s intention to recover possession. The law is that once a tenant’s rent expires and he refuses to pack out of the premises, he is not entitled to a notice to quit, the only notice that he should be given is a 7 days’ notice of owner’s intention to recover possession. After the expiration of the 7 days’ notice of owner’s intention to recover possession, then the landlord will file an action in court against the tenant to recover his property.

Note that the requirement of serving the seven days’ notice to quit is just to be on the safe side.
 
@Yekini Grace, if he
File an action against the tenant..the tenant wil be summoned and their matter wij continue..it can last for a year or 6 months ..if a tenants have a concrete reason for not vacating the matter wil be treated..sometimes the lanlords don’t put their house in order ..they increase the rent and don’t maintain their facility..
 
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