“The existence of both civil and criminal procedure options in a tenancy relationship in Cameroon, the need to have a competent attorney for both landlord and tenant has become imperative”
Tenancy law in Cameroon governs the rights and duties of landlords and tenants, establishing a legal framework through which property is given out on rent that includes aspects of contract and real property law. Key aspects in the Cameroon tenancy law include the tenant's right to a habitable living space in exchange for rent, and the landlord's right to receive rent. Both parties have specific rights and responsibilities outlined in a tenancy agreement, though a landlord cannot provide a tenancy agreement that offers less than the legal minimum.
REGULATORY FRAMEWORK OF THE CAMEROON TENANCY LAW
- OHADA law on General Commercial Law 1997
- Law No. 2010/020 of 21 December 2010 REGULATING THE ORGANIZATION OF LEASING IN CAMEROON
- LAW No. 2009/814 of 2009 GOVERNING LEASE-TO-OWN AGREEMENTS FOR REAL ESTATE
- RECOVERY OF PREMISES ORDINANCE CAP 193, 1948
KEY COMPONENTS OF THE TENANCY LAW IN CAMEROON
Tenancy agreement in Cameroon: A legally binding contract between a landlord and tenant that outlines the terms of the rental in Cameroon. It is regulated by statutory rights, which cannot be diminished by the agreement itself.
Tenant rights in Cameroon:
Right to occupy the accommodation.
Right to a habitable living space, including access to essential services like water and electricity.
Right to fair treatment and privacy.
Right to proper notice before eviction.
Landlord responsibilities in Cameroon:
Right to receive rent and other charges as agreed.
Responsibility for structural and substantial repairs.
Obligation to provide receipts for payments.
Obligation to protect security deposits in an approved scheme.
Tenant and landlord duties in Cameroon:
Repairs: Landlords in Cameroon are generally responsible for major repairs, while tenants are responsible for minor upkeep and repairs, such as replacing a doorknob or toilet seat.
Rent: Tenants in Cameroon must pay rent on time, and landlords must provide a receipt for payments.
Pets: Landlords in Cameroon can only refuse a pet for "reasonable grounds" and can charge a pet bond.
Governing law: The location of the property determines which laws apply to the tenancy agreement in Cameroon. It can either be regulated by the OHADA law, the 2010 law, the 2009 law, general contract law or the recovery of premises ordinance CAP 193.
Dispute resolution: If there are disagreements, the law provides mechanisms to resolve them, often through specific courts or tribunals.