Effect Of Unlawful Subleasing, Assigning & Illusory Of Lease On Investment Property, Part 1.

As the rich and wealthy always say, the problem is not money but rather how to spend it and I want to believe this is not true with some people out there with great ideas, who are probably faced with funding and financing challenges to bringing their dreams to life for the benefit of mankind.

Presumably, I also want to believe that not all the rich and wealthy or all men with great minds falls in these two categories simply because of what I could referred to as great understanding of goals, objectives, drivers and constraints of business and sound financial knowledge.

This group of people often times ignores any form of limitations, mental roadblock and devote most of their time on increasing their mental assets, the quality of thought by changing their mental diet and constant and consistent quality improvement to achieve a powerful personality which set them apart from their peers as well as life and business challenges.

I have so many and much more information to share with you today on this post but the problem is I don’t really know where to start from, hope am not sounding like one of the category of the rich and wealthy,who may have problem spending money wisely to prevent splurging or frittering away their hard earned money.

Let’s begin with my last post on this platform titled Reflecting On Why Court Order Enforcement Officers Most Times Attack And Fight Occupiers When Executing Court Judgment. I wrote this article sometimes last week and little did I know that I was going to have or perform an unexpected execution of eviction of an occupier just two days after I wrote the article.

I sensed and observed that some people or groups of people were not particularly happy about this article which addressed some of the most complex, complicated, difficult and embarrassing situation occupiers have to deal with for inability to pay rent as at when due particularly in this part of the world with egregious political, economic and social situations.

The parlous state of the economy and the fact that our tenancy laws lack some fundamental provisions that can help protect not only the interest of the homeowners but also that of occupiers and lenders which is inevitably creating confusion due to the excesses of the parties involved who barely understand their rights, responsibilities and obligations.

Lest I forget, I quickly seize this opportunity to address the issue of those that were offended by my last post, allow me say to you that most of my articles if not all of my real estate articles especially those on investment property management issues and concerns are real and true life events and are dealt with strictly based on the Lagos State Tenancy Law.

In addition to that all new initiatives, ideas, contributions and suggestions are practicable and are not inchoate or cockeyed programs because most are already in use in some developed countries of the world.

Also sometimes my personal use or choice of words, opinion and reaction to some of these issues may offend some people which is normal because it is near impossible for me satisfy everyone at the same time.

I must say for now, you must have to bear with me because of the fact that I have no one at the moment to edit or expurgate my articles to ensure that my posts are alright and safe for everyone’s consumption which indeed is my ultimate goal of starting the real estate blogs on the website in the first place.

Hence, I sincerely apologize to anyone or everyone who may be reading this article right now and of course to those who might have been offended by some part or any aspect of my previous posts on this platform and I say to you that the articles or posts are not intended to make anyone feel uncomfortable and there is no intention from my end to harm anyone.

As we all know, we all are human and I type straight from the heart with the mindset of actually helping people understand some of their real estate issues to enable them handle properly, address or get over these issues by themselves but occasionally in dealing with these issues there are always sudden outburst of emotion which sometimes reflect in my reactions to some of these real estate issues.

I promise that by the time there is someone to expurgate my posts may be no one will feel bad or offended by the articles as we have in previous articles and honestly if you ask me how truly satisfying everyone can be achieved, I sincerely have no answer to that but one thing is certain I wont feel bad about myself for posting articles online ever again.

However, meanwhile I would be very careful and modest in reacting to and expressing my opinion on all issues and of course avoid brick-bats as much as possible in this post and in my subsequent posts.

I think I have lost focus on the essence of this post and I know for sure we may not likely finish this topic in this article today because I want to add some new and very important revelations of the last Friday execution of eviction process by some court order enforcement officers and what transpired between the homeowner and the occupier for us to learn one lesson or two from.

I stated in my last post that I don’t really understand the need or why court order enforcement officers would attack or fight occupiers while trying to execute the court judgment for eviction of such occupier and I affirmed that this is what normally plays out when the occupier refuses or denies the enforcement officers entry or access into the apartment.

I remember also saying that this clanger most times turn into an unnecessary fracas, chaos, disorderliness and will eventually lead to a free for all fight if care and caution are not taken or exercised and the court order enforcement officers are bound and determined to perform their duty probably after several failed attempts.

It will be correct to say that, this fight or fracas is exacerbated by the several unsuccessful attempts by these officers to performing or discharging their duty and of course the unnecessary costs and expenses incurred in the previous failed attempts due to unavailability to meet the occupier at the apartment in order to carry out the eviction execution process lawfully and take possession of the property or apartment.

Most of these enforcement officers are not always comfortable with evictions if it turns out this way and this best explicates why most actual eviction execution in Nigeria are carried out very early in the morning, as early as four am not only to ensure successful possession of the apartment but also to reduce or eliminate unnecessary cost and wastages in discharging this responsibility and are always well prepared for anything and everything that may obstruct this process.

Many may not know how serious, complicated and confusing this embarrassing and dehumanizing eviction execution process is and I strongly suggest every serious minded, reasonable and responsible occupier should avoid this if they have the means.

I have written an article about it and I know it is not something anyone would wish for or want to experience. Occupiers must ensure that rent owed should not be allowed to get out of hand, loomed up or get worse to the point of having an eviction judgment against them from the court to take possession of their leased apartment because if you do and ignore all warnings and allow the issue to degenerate to eviction judgment.

It simply means you must be prepared to have your property and that of your loved ones and every other person’s property living with you completely removed and thrown out and you may not likely have access to them because all would be moved to the court and you know what this mean.

Patently you may of course still have or be given the opportunity to get your property back but not until you pay all owed rent and court charges for its troubles in the case which must have lasted for about a year, If you ask me, the troubles, stress and the burdensome process of resolving the dispute and securing all your properties and those of your loved ones would be more than the actual rent amount owed if you value this.

Hence if you wait in someone else’s apartment without making any rent payment till a court judgment is passed in favour of the homeowner for the court order enforcement officers such as a bailiff, sheriff or marshal to come execute then you are in a much more difficult situations than you think.

As I mentioned earlier all properties found in that apartment would be removed, thrown out and moved to court and this also will put you in a vulnerable position which may give the enforcement officers the opportunity to take advantage of your situation by asking you to pay some amount of money for them not to take your property to court.

Many don’t see this as an extortion or exploitation of the occupier, in fact this is about the best thing that can happen to people who turn deaf ears to several warning notices from the homeowner and the court.

The court order enforcement officers know quite well that no one would love to see his or his loved ones properties taken to court and besides no one also would love to subject themselves to the worrisome, annoying and burdensome process of the court, expenses, unnecessary cost and of course many occupiers are attuned to the difficulty in recovering properties taken to the court.

All of these reasons is enough for them to exploit the situation and they will act as if they are doing you a great favour and please don’t ask me of what I think about this unethical and condemnable act which many would see light in and judge differently but I suggest you put yourself in this situation first to determine if it feels right or wrong.

It might interest you to know that am still confused of where to start this post from because I feel like finishing up on the last post on this platform because of the events that played out during the ejection process of that occupier last Friday morning.

The wife of the occupier of the apartment actually claimed that she was never aware of the fact the husband, the occupier was owing rent or has any eviction case proceedings in court which is going to about a year now and that she just got married to the occupier and moved in with him barely two weeks ago.

Although, I find this very difficult to believe even though people around testified to that but something tells me this could be possible in this part of the world due to the desperation to settle down on the part of our ladies without taking time to study, know and understand their boyfriends issues, predicaments and situations before making the decision to settle down with them, many just don’t care about this and are satisfied with the good and rosy part most guys flaunt in relationships.

At a point it became obvious that the occupier never told the lady about his problems and difficulties and besides he secretly subleased a part of the leased apartment to a friend without the consent of the homeowner, this was revealed and became know to all when the officers were removing every properties found in the apartment out in the open space.

The occupier all these while usually refer this suboccupier or what is popularly known as subtenant as his brother from the village each time the homeowner attempts to find out who he really was but little did he know that the occupier has been collecting rent from this purported brother of his regularly but never remitted it or pay the homeowner for about a year.

The homeowner later decided to settle the non payment of rent issue in court by filing for a non payment eviction case asking the court to either ask him to pay or give judgment for the possession of the apartment and after about a year a judgment was given in favour of the homeowner which led to the execution of the eviction judgment last week.

This incident ever since has got me thinking not only because of how some unreasonable occupiers unduly and unruly use their one-upmanship, thinking or trying to be smarter by secretly Subleasing their apartment without the imprimatur or consent of the property owner.

The occupier’s wife on that day made an inane remark which got everyone mystified, she wanted the homeowner to allow them stay in the apartment for her sake that she would rally round for the rent which she was unable to provide before the enforcing officers left.

I must say something could have been done strictly on the homeowner’s volition but it might not be for them to stay on the property but allowing them use his store for their properties pending the time they relocate to another location instead of having their properties thrown outside in the rain could have very helpful to them in this situation.

The bitter truth is that, this occupier never at anytime appreciate or value his personal and contract relationship with the homeowner and I must state that in every relationship be it personal or business when trust becomes the issue there is little or nothing anyone could do to salvage the situation.

We all must understand that lack of trust will easily make a simple issue degenerate into a disgusting and an exasperating situation and at this time your values, integrity, reputation, honesty and creditworthiness would have gone for a burton as we have seen in this case where the occupier presumably secretly subletted his leased apartment, collected rent from a suboccupier and spent it on resolving personal economic problems perhaps on his wedding with the hope of leaving or vacating the apartment without paying the owed rent amount to the property owner.

There is nothing absolutely wrong in subleasing an apartment to anyone, it is lawful provided it is carried out in the confines of the state tenancy law which we are still going to discuss in this post later on. The reason many homeowners don’t agree to sublease arrangement or consent to it is because of the natural tendency of the occupier to rip them off their investment and their uncouth manner in relating with their homeowners particularly in Nigeria.

This to me may be the major hindrance to given consent to a sublease request of the occupier and many homeowners don’t want to encourage or tolerate the occupier to sublease because they believe these occupiers most times consistently deceive their home owners and confidently live on both the suboccupier and homeowner’s investment with the mindset, intention and hope of moving out without paying owed rent amount to the homeowner as we have in this story I have just shared.

I hope you don’t find this article boring because am no where near the aim of this post but it seems some of these issues and problems are interrelated and interwoven and this may be the reason why I really don’t know where to begin or which of these issues is necessary and important for me to address first.

If you must know the homeowner in this case lost about two years in rent amount in the process, the issue of secret and unlawful subleasing of apartment either to cheat the homeowner of his investment or on the pretext of helping someone out illegally which may also be linked to economic hardship, inability to pay rent or unreasonable and incessant increase in rent by the homeowners.

I think you can understand now understand why I was confused of where to really start from in addressing these contentious real estate issues and concerns many occupiers and homeowners have to deal with every time a lease contract agreement relationship is established.

Right now, am delighted to announce to you after a lucky dip into all of these important topical issues available for discussion, it turns out that we shall be examining the Effect Of Unlawful Subleasing, Assigning And Illusory Of Lease On Investment Property and am of the opinion that all I share in this post regarding homeowner-occupier relationship will suffice to set the stage for the main discussion in the next post and I hope you wont want to miss that.

 

Best of luck!

 

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Ordiez Resources Inc, Where The Future Of The Real Estate Industry Begins, This Is How Tomorrow Moves In Real Estate Investing And Investment Property Management, Serving And Guiding Humanity http://www.ordiezresources.com

Remember that opportunity to serve and guide humanity is our greatest privilege and making our clients happy and satisfied always is our greatest pleasure.

Hence if you Think real estate, Think Ordiez Resources Inc

 

Thanks

Olatunbosun Idowu

For Ordiez Resources Inc

@ordiezresources

 

 

 

 

 

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