Biography
Background
Payment of rent before the expiration of notice to quit.
Payment of Rent after the expiration of notice to quit.
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Biography
Should A Tenant Continue To Pay Rent After Bieng Served With Notice To Quit ?
Background
The question above have bordered so many landlords and tenants, especially the tenant who is always confused on what action to take when he is given notice to quit by his landlord. The answer to this question would vary depending on the peculiar circumstance of each case, and the tenant would be in a better position to answer the question if he understands the legal implication of paying his rent when he is served with notice to quit and delver-up possession.
Payment of rent before the expiration of notice to quit.
Many tenants are served notice to quit by their landlords when they fail to pay their rents. When this situation arises, some of the tenants are confused as to the position of the law on whether or not they should continue to pay their rent in their current apartment.
This confusion usually arise because most of the tenants did not expect the notice to quit and would have difficulty paying rent in their current apartment and at the same time saving enough money to pay the rent for a new apartment. More so, when new tenants in Nigeria are expected to pay their rents in advance up to one year or more when they are moving into a new apartment.
Most of the times, Nigerian lawyers advise their clients to stop paying rent and start saving for a new apartment.
The truth of the matter is that the tenant must eventually pay his rent to the landlord, whether or not he stopped paying same when the landlord serves him notice to quit.
However, the position of the law on this situation is that when a tenant is served notice to quit, and the notice has not expired, and the landlord accepts rent from the tenant, it may be considered that the landlord and the tenant have both terminated the notice.
By implication therefore the landlord may no longer proceed to court to recover possession from the tenant based on the same notice already considered terminated on account of the rent received by him from the tenant. This is because the notice is considered withdrawn and, and another tenancy begun. Accordingly, if the land lord still wishes to eject the tenant, he would have to give him another notice to quit.
Payment of Rent after the expiration of notice to quit.
A notice to quit by nature terminates tenancy in Nigeria. Once nothing happens during the subsistence of the notice, the tenancy terminates and cannot be resurrected.
The implication is that when a landlord accepts rent from a tenant at the expiration of the notice to quit, that action cannot be interpreted to mean that the landlord waived his right under the notice. Therefore, the landlord can still proceed to the court to obtain order for recovery of possession.
In the case of Udih v Izedonmwem, the court of appeal held that a demand for rent after the expiration of a notice to quit did not constitute a waiver of the notice to quit.
- Anne Brontë
Anne Brontë (IPA: [?b??nt?]) (January 17, 1820 ? May 28, 1849) was a British novelist and poet, the youngest of the Brontë literary family. She used the pen name Acton Bell. She was born in the village of Thornton, near Bradford, Yorkshire, England,...
- Sheriff Of Somerset County ? Peter Abraham Dumont
B. 11 Jul 1734 in Hillsborough, New Jersey M. (1) 6 Dec 1757 in New Jersey Wife: Abigail Tunnison M. (2) 23 Feb 1763 in Somerset County, New Jersey Wife: Sarah Hegeman D. 7 Jul 1818 in Hillsborough, New Jersey Peter Abraham Dumont lived his entire life...
- Burna Boy
Burna Boy, Real Name Damini Ogulu, hails from Mbiama in Ahoda West Local Government Area in Rivers State, he was born on the 2nd of july 1991, had his primary education at montessori international school before moving to lagos, he also attended Corona,...
- Hu Jintao Biography
orn: December 1942 Birthplace: Anhui Province, China Hu Jintao became president of the People's Republic of China in 2003, succeeding Jiang Zemin. Hu, a trained engineer, joined the communist party in 1964 and quickly worked his way up, gaining notice...
- Biography Of Burna Boy, Musician, Rivers State Celebrity
Burna boyDamini Ogulu popularly known as Burna Boy was born on July 2, 1991. He is an indigene of Mbiama in Ahoda West Local Government Area of Rivers State. He is a Nigerian Musician, Reggae dance hall singer and songwriter. Burna Boy...