Quit Notice

Many people have the erroneous miscon
ception that quit notices ought to be given after one’s rents have expired. Consequently there is always a row between landlords and their tenants over the propriety of notices.
The truth of the matter is that quit notices can be issued even when the rent is subsisting. Notices are pieces of information given to tenants to enable them prepare adequately and get a new accommodation.
Most importantly, quit notices are supposed to be adequate. The law provides that adequate notice for annual tenant (a tenant who pays yearly) is six months notice, while a monthly tenant receives a month notice.
A half yearly tenant receives a six months notice as well. When notices are given, they should also terminate at the termination of the tenancy. No notice should terminate a subsisting rent abruptly.
However, when a tenancy terminates and the tenant is unable to renew he becomes a tenant at will.
A tenancy at will can be terminated without serving adequate notices. But in Rivers State the tenant at will can be served notice ranging from one week or more, depending on his magnanimity. If a tenant who has been served a quit notice refuses to pack out at the expiry of the notice, the landlord now issues him “Seven Days Notice of Owner’s intention to Apply to recover possession of premises”.
If the tenant is not daunted, the landlord will through his lawyer apply for summons. At the service of summons, hearing will commence on the matter.
The law does not in any way recommend the use of self-help in the recovery of premises.
Nonetheless, in certain situation landlords who are desirous of facilitating the ejection of their tenants cut corners by using self-help which the law does not authorise.
Some landlords have often connived with the police to level accusations of commission of crime against the tenants with the intention of intimidating them and hastening their exit from the premises.
It must be pointed out the method is both uncivilised and unlawful. The law frowns at such measures.

Chidi Enyie