Landlord-Tenant Dispute: Understanding Mesne Profit and Your Rights

A common challenge many tenants face is dealing with landlords over unpaid rent or disputed terms. In your situation, you’ve been served a court order stopping you from removing your belongings due to a mesne profit claim of ₦600,000 for staying two extra months beyond your notice to quit period. Your landlord is also demanding ₦10,000 per day as rent until you vacate the premises.

What is Mesne Profit?

Mesne profit refers to the amount a tenant owes their landlord for occupying the premises after the tenancy agreement has expired or been terminated. According to the Supreme Court in _Odutola v. Papersack Nigeria Ltd (2006)_, mesne profit represents the intermediate profits between the time a tenant stops holding the premises as a tenant and when they give up possession.

Your Situation

Given the court order and your acknowledgment of it, the landlord has the right to enforce the mesne profit claim. However, you can try to negotiate the amount with your landlord. If the mesne profit clause wasn’t explicitly stated in your tenancy agreement, you may have room for discussion.

Next Steps

1. Review your tenancy agreement : Check if the mesne profit clause is mentioned. If it’s not, you can use this as a basis for negotiation.

2. Negotiate with your landlord: Try to reach a mutually acceptable agreement on the mesne profit amount and daily rent.

3. Seek legal counsel : Consult with a lawyer to understand your options and the best course of action.

Conclusion

Understanding your rights and obligations as a tenant is crucial in resolving disputes with landlords. While the law supports the landlord’s claim in this case, negotiation and seeking legal advice can help you find a more favorable solution.