7 Important Rights That Landlords Have In Ghana

Let's face it, a tenancy is entirely subject to interpretation in the absence of a rental agreement. If the tenant refuses to go, eviction under such circumstances will be highly challenging and almost always result in court action. 

In Ghana, Tenancy laws almost always favour tenants rather than the landlord, who made a significant financial investment in the home. 

However, there are many important rights that landlords have in Ghana. These rights can help landlords protect their property and ensure that their tenants are following the rules set by the landlord. 

What are landlord rights and why do they matter in Ghana?

Landlord responsibilities are a set of legally enforceable rules and regulations that apply to landlords across Ghana. Enforced by the Ghana rent control department, these rules explain what obligations landlords have to their tenants when renting out their rental property. 

Landlord rights are among the most crucial factors you should take into account. These guidelines and rules outline what is required of you as a real estate investor and the obligations you must fulfil.

Understanding your legal obligations as a landlord will help you avoid disputes, maintain the integrity of your rental property, and make your experience investing in real estate as easy and stress-free as possible.

Practically, the landlord has no further rights except those specified in the lease. With the exception of a few provisions in the lease, the landlord would be well advised to avoid interfering in his tenants' private affairs. 

So, why should you be aware of your rights and responsibilities as a landlord?

• Landlord rights explain your obligations to your tenants: Tenants may file a complaint against you or leave your property if you don't maintain your property in good shape or obey applicable property laws (which can take a big hit to your rental income).
• Landlord rights are legally enforceable: Legal repercussions can be severe if you violate your landlord's obligations and rights. By fulfilling your commitments, you can lessen the likelihood of legal action and save yourself from the exorbitant fees associated with going to court and employing an attorney.
• Landlord rights keep your rental property compliant: Being aware of your rights as a landlord and maintaining property compliance can help you reduce your risk exposure, cut down on unneeded expenses, and maintain the quality of your property.

In the end, investing the effort to determine whether landlord rights are applicable to your rental property will protect your rental income and save needless expenses and legal action.

Reasons for the call to review the Rent Act, 1963 (Act 220) 

The Rent Act 1963 (Act 220), which governs housing and renting in Ghana, is currently being reviewed by stakeholders in the housing industry. This came as a result of a growing concern for tenants' well-being which the current law does not explicitly cover

As a result, the government set out to defend tenants' interests from repressive landlords by reviewing rent control regulations. Because the government has the duty to provide housing for the people, landlord-tenant laws always shift in favour of tenants.

The stakeholders claim that by reviewing the rent act, inherent restrictions on the nation's housing supply will be lifted and the rental housing administration will be run sanely.  Players in the industry think that the new Act will be able to protect the rights of weak tenants who have been overcharged by the unpredictable increases in the cost of rental housing.

Naturally, the tenant is in charge of maintaining the property once they move in. However, There are a number of important rights that landlords have in Ghana and that include making sure that the necessary upkeep and repairs are made once the tenant is in possession. 

What are my rights as a landlord in Ghana? 

There are a number of important rights that landlords have in Ghana. These include the right to security of tenure, the right to rent-free premises, the right to evict tenants for breach of lease, and the right to compensation for loss of rent income etc.

1. The right to security of tenure

When a tenant leases a property from a landlord, they are typically granted a tenancy for a specific amount of time, which is typically referred to as the term of the lease. At the end of the term, the tenant has the right to either renew the lease or move out. If the tenant does not want to renew the lease, the landlord typically has the right to eviction.

Landlords typically have the right to terminate the tenancy for any reason, including if the tenant does not pay rent or if the landlord decides to sell the property. Landlords typically have the right to evict tenants for any reason, including if the tenant does not comply with the terms of the lease agreement.

2. The right to evict tenants for breach of lease

If you are the landlord of a property and your tenant has breached their lease agreement, you have the right to evict them. This is regardless of whether or not the lease is valid or not. Tenants have obligations to the landlord while using their property. They include:

• Obligation to pay rent: In this context, rent refers to the money paid in exchange to use the property in the lease agreement. As a result, the tenant is obligated to pay these fees. Failure to pay the rent is a lease violation. 
• Illegal activities: A tenant cannot engage in illegal behaviour on the premises. For example, if someone is living in an apartment and they are breaking the law by having a drug dealing or prostitution ring in the apartment, the landlord can evict them.
• Not altering the property’s structure: There are always disagreements among tenants about how to decorate and maintain their apartments. However, a tenant can only modify the property if the lease agreement allows it. For instance, For instance, if the lease permits it, they might repaint the walls and put up shelves. However, expanding a room's size by the removal of walls or other structural changes is not permitted. In addition, a tenant is not allowed to harm the property.

3. The right to compensation for loss of rent income

A landlord has the right to compensation for loss of rent. The landlord may be entitled to compensation for any loss of rent that is caused by the tenant's breach of the lease agreement. The amount of compensation that the landlord is entitled to depend on the specific facts of the situation.

If the tenant has broken the lease agreement by moving out without notifying the landlord in advance, the landlord may be entitled to a loss of rent for the entire period of the lease. If the tenant has broken the lease agreement by breaking specific provisions of the lease, the landlord may be entitled to a loss of rent for only the specific provisions that were violated.

4. The right to demand maintenance from tenants

Evicting tenants who break the landlord's guidelines is one of the most significant rights that landlords possess. This privilege entitles landlords to evict renters who fail to adhere to their regulations, such as those who fail to pay rent or cause damage to the leased property.

Of course, a landlord has no authority to dictate how frequently the property bathtub is cleaned. However, he has the authority to demand that a tenant keep the property tidy.

5. The right to inspect the property during occupancy

If you believe a tenant is defacing the property, you have the authority to inspect it as the landlord. Of course, you must comply with state regulations and provide the appropriate notification. You can write down the evidence and take pictures while doing a comprehensive check. After that, you can choose the best course of action.

A breach of the lease agreement is the destruction of property. As a result, you have the right to file for eviction. This entails delivering a written "cure or quit" notice to the defaulting tenant. You can file for eviction if the tenant hasn't fixed the damage after a reasonable amount of time.

You may be entitled to keep a portion of the security deposit after the tenant vacates the property in order to cover necessary repairs on the property.

6. The right to collect rent and security deposits

The landlord has the right to set the rental price and security deposits in Ghana. However, the rent act restricts the amount of security deposit you can charge. The tenant must pay the security deposit and a maximum of six months' rent advance upon signing the rental agreement. 

Landlords have the right to collect rent and security deposits from tenants, even if the tenant has moved out. This right is called “rental termination.” When a tenant moves out, the landlord is usually required to give the tenant a forwarding address, and to return all of the tenant’s belongings, including any deposit and rent.

7. The right to screen tenants

Landlords have the right to screen tenants, including requiring a criminal background check, credit check and/or a rent deposit. This is in addition to the normal landlord screening procedures, such as verifying income and references.

However, a decision cannot be made based on any discriminatory standards, nevertheless, it's critical to understand what the Rent Act says about discriminating against any tenant seeking accommodation in Ghana.

Conclusion

In Ghana, landlord-tenant laws typically favour tenants. However, it's crucial to keep in mind that landlords have special rights to timely collect rent, conduct routine inspections, and evict a tenant for a lease violation.