Notice to Quit

Notice to Quit

Notice to Quit

Tenancy relationship is usually between a Landlord (landowner) and the tenant. While the landlord is the owner of the apartment and its appurtenance. The tenant is the person who paid to live in the house for a certain specified period. The Tenancy agreement is therefore the terms and conditions agreed to by the tenant and the landlord. They usually agree on the amount that the tenant is to pay for the house and the time that the money shall expire, whether  yearly, monthly or weekly.

It is trite in law that before the expiration of the tenancy agreement that the Landlord can serve the tenant a notice to quit at a particular period when his rent is to expire. If the rent has expired, the landlord or the caretaker shall only be demanded to serve the tenant a seven days’ notice of landlord’s intention to recover Possession.

READ ALSO: Mortgagor’s Right of Redemption

It would be easily deduced from the above rendition that there are two forms of Notice in Tenancy Agreement. It shall be important to note that while one of the notices is been made compulsory by law, the other depends on the circumstance surrounding the tenancy agreement. Meanwhile, the duo are created for the purpose of recovery of possession by the landlord.

In law, the landlord once he has rented his house out to a person is not permitted to enter the house arbitrary or to force the tenant out of the house, or to paste things on the house. Doing the above with great recognizance to the laws on recovery of premises that exist in the place shall be sued and held liable for trespass.

It is true that the Landlord is meant to vigilant on the activities helping on his property in order to make sure that the property is not left in irreparable conditions at the end of the tenancy agreement. However, he shall be expected to do all that in accordance to the provisions of the law.

READ ALSO: Parties by Intervention and Third Party Proceeding

Notice to quit is the written notice filed by the Landowner to be served on the Tenant that he should abate the said apartment on a certain date. The Landlord usually cause the Notice to be served on the Tenant so that the Tenant should give possession of the said premises.

Notice of Owner’s intention to recover possession

If on the expiry of the Notice to quit and the tenant or any person occupying the premises, or any part thereof shall neglect or refuse to quit and deliver up possession of the premises or such part thereof, the owner or his agent may cause the person so neglecting or refusing to quit and deliver up possession to be served with a  written notice signed by the owner or his agent of the Owner’s intention to proceed to recover possession on a date not less than seven clear days from the day of the service of the notice.

For instance, if Notice is served on a Monday, seven clear day will expire on the midnight on the following Monday (Notice is usually served between 6am – 6pm, in any case during day light).

Leave a Reply

Your email address will not be published. Required fields are marked *