Top 10 Important Lease Terms For Your Tenancy Agreement In Ghana

A lease agreement is the starting point of any landlord-tenant relationship. Whether you are contemplating a commercial lease or a residential lease in Ghana, specific terms should be in every written lease document you create or sign. These lease terms help protect the landlord or property owner and the new tenant.

The lease document acts as both a legal contract and a point of reference. As such, it needs to be as specific and exhaustive as possible, since it always makes sure that each component of your lease agreement is in line with the rent law in Ghana.

This article outlines the top 8 lease terms you should always include in a rental agreement in Ghana. Remember, this list is not a substitute for legal advice.

10 Recommendations for a Strong Lease Agreement in Ghana

1. State The Tenancy Conditions

Any lease agreement in Ghana should clearly state the tenancy conditions between the parties involved. Whether it is a self-renewing, month-to-month lease agreement or a fixed-term, year-long lease agreement? Make sure to indicate the lease agreement's start and end dates. In addition, be sure to list the property's address with its house number.

2. Set Rules For Rent Payments

Rent payment is an integral part of any lease agreement, so you must specify the amount of rent payable, the due date, and the format of payment. Whether the rent will be paid in advance or arrears, all of this should be included. In addition, your tenancy agreement document should spell out regulations regarding bounced checks and late fees.

3. Clearly Define Deposit and Fee Terms

It is crucial to explicitly outline the conditions regarding deposits and any applicable fees within the tenancy agreement. How much is the security deposit? What are the terms in case of a refund? That's when and how the security deposit is returned at the end of the lease. It is also important that you indicate where the deposit is being held.

4. Indicates Details of the Parties Involved

Make sure the lease identifies the lessee (tenant) and the lessor (landlord). If a couple is renting the rental property, both of their names should be on the lease agreement. Get the signatures of both parties because it makes each tenant fully responsible for the lease terms, or any party who violates the terms of your agreement.

5. Clearly Define Responsibilities

A well-defined tenancy agreement in Ghana should explicitly state which party to the contract– landlord or tenant – is accountable for specific maintenance and repair tasks. This prevents future disputes and ensures a clear understanding of obligations from the outset. For instance, the agreement should specify who is responsible for routine maintenance, maintaining common areas, etc.

6. Clarify Your Access Rights

A lease agreement should inform a potential tenant that you have a legal right to enter the unit under certain prior notice (e.g., for repairs, inspections, or emergencies), and that you'll give them a certain amount of advance notice before your visit for either repairs or inspection. This way, there will be peace since the tenant already has a fair idea of what to expect in a tenanted apartment in Accra.

7. Restrict Illicit Behaviors

Your goal here is to keep all of your residents happy, prevent property damage, and protect yourself from lawsuits. As such, your lease agreement should prohibit disruptive behavior (e.g., excessive noise) and illegal activity (e.g., drug dealing and prostitution). You may specify any other restrictions, from having pets to the use of common areas. Ensure all your prospective tenants in Ghana understand these prohibited actions and are made aware that should there be for breach, the lease will be terminated and eviction will follow.

8. Include Occupancy Limits

Ensure that your lease agreement in Ghana specifies whether the tenant can sublease the property. If not, tenants can sublet without due permission. But with the proper terms in place, subletting a lease without permission gives the landlord grounds to terminate the agreement before the end of the lease.

Legal Disclaimer

The information on this website is for informational purposes only and is not intended for any legal or accounting advice. Prophunt does not guarantee its accuracy and is not liable for any damages or inaccuracies.