HOW TO WRITE A QUIT NOTICE TO A TENANT IN NIGERIA

Quit
notice, or a notice to quit is simply a letter by the owner of a property
otherwise known as the landlord to the person using or living in the property,
otherwise known as the tenant, proclaiming the termination of their agreement
and ordering an end to the usage of the property by the tenant within a
stipulated time frame.
Are you
stuck in a disagreement with your tenant and your attempts at resolving it have
persistently kissed the dust? Do you now wish to serve them with a quit notice
but are lost on how to  craft a quit
notice that reflects on your venerable landlord personality and that does
conform with the provisions of the law?
Come along
as I take you on a step by step guide on how to write a comprehensive quit
notice that conforms with the provisions of the Nigerian law and is lacking of
embarrassing grammatical and morphological blunders.

1. Address the tenant by
the name on the tenancy agreement

If you’re
planning to serve a tenant a notice to quit, chances are high that have issues
with them. Don’t approach your quit notice with a mindset to either harm them
or get back at them for harming through the content  of your letter.
So rather
than address the tenant like this:
Bia, Mr Man,
You should
address the tenant like this:
Segun
Tochukwu Musa,
Serving a
notice to quit always involve contentious court processes, and you wouldn’t
want to leave a loophole for your estranged tenant to exploit to your
disadvantage.

Go straight to the point

You should
start your letter by telling the tenant that you want them to quit using your
property.
So your
letter should start like this:
You are by this letter directed to quit living
at the 2 bedroom flat located at House No 14, Kola Musa Street, Birnin Kebbi not
later than 5th May 2018.
You
shouldn’t waste time asking for example how their family is doing. After all,
if you so much care about the wellbeing of their family you won’t be evicting
them from your property.

Give the tenant reason(s)
that necessitated the notice to quit

Don’t end
the letter by just stating that you want them to quit your property. Go a step
further in the second paragraph and give the tenant reason(s) you want them out
of your property.
Reasons
could be non-payment of rent, constituting a nuisance to neighbours, or usage
of the property for unlawful activities.
The second
paragraph should thus read like below:
Complaints
by neighbours and my personal findings reveal that you have turned your
apartment into a wrestling arena, starving the neighbourhood of peace. You have
refused to stop despite several warnings. This is not something that I or your
neighbours can tolerate any longer.

Your letter should be
written for ease of understanding of the tenant

You should not
turn into a Soyinka while writing a quit notice. It should be written in simple,
plain English — or any language that the tenant can understand, otherwise they
might claim to not have understood the content of your letter.
So, rather
than use such lines as below in your letter:
The
regularity of the barrage of sounds emanating from your space from dawn to dust
has shredded the last piece of our tolerance.
Use the one
below:
We
can no longer tolerate the noise that keep coming from your apartment.

Dont forget the date when
you want the tenant out

This
depends on what is on the tenancy agreement. In a case where the tenancy
agreement made no mention of circumstances where a notice to quit can be
issued, the provisons of the laws of the state come into effect.
For
example, in Lagos State, if a tenant pays rent annually, the legal life span
for a notice to quit that can be served such tenant is six months.
You should
make sure that the deadline to quit that you give your tenant conforms with the
provisions of the laws of your state
For more
information on the legal timeframe for quit notice in Nigeria, check out…

Make a copy of the notice
for record sake

You should
keep a copy of the notice you’re about to serve your tenant for the sake of
record. It just might prove useful in a court process that just might ensue.

Serve the notice to the
tenant

Common
practice in Nigeria is to paste the notice on the front door of the tenant.
This is good, but could be supplemented by handing it over to the tenant.
In a case
where the tenant expects the notice and tries to dodge receiving it, the
landlord can hand it over to any adult member of the tenant’s household.

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