If you are a landlord and you have ever wanted to eject your tenant for one reason or the other, you might have realized that it is not something you can do at your whims and caprices. For instance, as a landlord, you cannot just wake up one morning and order your tenant to vacate the demised premises for whatever reason.
There is a strict laid down procedure you must follow. And in following this procedure, you will realize that recovering possession of premises from your tenant for whatever reason is not something you can do instantly.
As a result of this strict procedure, you may have cause to ask: “Does the law favour the tenants at the expense of landlords?” the answer is yes. One of the purposes of landlord/tenant law (Recovery of Premises Act and Laws) is to make tenancy life more abundant to the tenant to the detriment of the landlord.
Other purposes of landlord/tenant law are:
a. To regulate the relationship between landlord and tenant;
b. To prevent arbitrary increment in rent by landlords;
c. To prevent unlawful eviction of tenants by landlords; and
d. To prevent illegal holding over by tenants after their rent is due.
In short, the law favours tenant as against landlords because the law wants to prevent a situation where tenants are thrust into the streets to become destitute. To this end, the procedure for recovering possession of premises gives ample opportunity and time for tenants to find alternative accommodation before vacating their landlord’s premises.
But if after the procedure for recovering possession of premises has been complied with by the landlord and the tenant still remains in possession and refuses to quit, then, the landlord can proceed to court to institute an action to recover possession of his premises.
Procedure for Recovering Possession of Premises
As said earlier, the procedure for recovering possession of premises is a very strict one and the landlord is expected to follow it strictly. Failure to follow the procedure strictly makes the tenant to remain in possession. He will continue to remain in possession of the demised premises until the landlord follows the procedure strictly without making any mistake.
What is this strict procedure for recovery of possession of promises from tenants? Grab a copy of my e-book titled, LANDLORD’S TREASURY. In LANDLORD’S TREASURY, you will find all you need to know to contract landlord/tenant agreement and how to recover possession of your premises from your tenants without incurring the wrath of the law.
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Consultancy
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Phone: 07061016859; or
Email: adajichamber@gmail.com