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Tobi's Legal Nuggets: Recovery Of Premises

By tiitucker on 2019-07-22 (edited)

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By Oluwatobi Adetona Esq.

Mr. Landlord gave Mike a 6 month notice to quit before his yearly rent expired.
Mike was angry and swore to leave.

At the expiration of the 6 month’s notice, Mr Landlord again gave Mike a 7 days Notice of Owner’s intention to recover premises but Mike refused to leave; instead he travelled.

Mr. Landlord was angry saying it is his property hence, he called his sons to help break into Mike’s room and put all his belongings outside.

Mike was informed and he made a report at the station and also instituted an action against Mr. Landlord.

It is the law and it has been repeated almost to the point of imitation that recovery of premises must be done by due process of the law.

Any other form of recovery is unlawful because the law prohibits self-help and a landlord can only exercise his right of re-entry where the tenant voluntarily gives up possession.

Further, recovery of premises from a tenant by a landlord can only be by an order of court after hearing the parties pursuant to the relevant recovery of premises law.

It is no defence that the property belongs to the landlord or that the tenant is stubborn, troublesome of recalcitrant.

What the law prohibits is the force of arm to recover possession of the premises.
Consequently, Mr Landlord will be liable for trespass, unlawful entry, fine or even imprisonment.





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