In Ghana, lease agreements (often referred to as tenancy agreements) are primarily governed by the Rent Act of 1963 (Act 220), as amended, and the Rent Control Law of 1986 (PNDCL 138). These laws establish the framework for the rights and responsibilities of both landlords and tenants, aiming to provide a degree of protection, especially for tenants.

Key Aspects of Lease Law in Ghana:

• Governing Legislation:
  • Rent Act, 1963 (Act 220): This is the principal law that consolidates and amends the law relating to the control of rents and the recovery of possession of premises.
  • Rent Control Law, 1986 (PNDCL 138): This law further regulates the relationship between landlords and tenants, particularly concerning residential accommodation, and establishes Rent and Housing Committees to mediate disputes.
• Tenancy Agreements:
  • Written Agreements: While many informal or verbal agreements exist, the law generally requires tenancy agreements to be in writing and signed by both parties (or their agents) to be fully enforceable. A rent card (tenancy agreement) should be issued by the landlord, outlining terms and conditions.
  • Essential Details: A valid agreement should clearly state:
    • Full names and addresses of both the landlord and the tenant.
    • A detailed description of the property (address, size, condition, amenities).
    • The tenancy period (start and end dates).
    • The rent amount, payment terms (due date, method), and any potential late payment fees.
    • Conditions for termination and renewal.
    • Dispute resolution process.
• Rent Payment and Increases:
  • Advance Rent Limits: Ghanaian law stipulates that landlords generally cannot demand more than six months’ rent in advance for tenancies longer than six months. For shorter tenancies, it’s typically limited to two months. However, enforcement of this particular provision remains a challenge, with many landlords still demanding longer advance payments in practice.
  • Rent Increases: Any rent adjustment must be reasonable and, in some cases, approved by the Rent Control Department. Landlords are required to notify tenants in writing about any intended rent increase, stating the old and new amounts. Arbitrary increases are unlawful.
• Tenant Rights:
  • Quiet Enjoyment: Tenants have the right to peaceful occupation of the premises without unreasonable disturbance or interference from the landlord. This includes privacy rights.
  • Habitable Living Conditions: Landlords are obligated to provide and maintain the property in a habitable condition, ensuring structural soundness, adequate ventilation, lighting, and access to basic amenities like water and electricity.
  • Fair Treatment: Tenants have the right to be treated fairly and without discrimination.
  • Timely Repairs: Landlords are responsible for carrying out necessary repairs and maintenance promptly. Tenants have the right to request repairs.
  • Compensation for Improvements: If a tenant makes improvements to the property with the landlord’s prior approval, they may be entitled to compensation if evicted before the prescribed period.
  • Protection Against Retaliation: Landlords are prohibited from taking retaliatory actions against tenants who exercise their legal rights.
  • Control of Subletting: Subletting is generally only permitted if the lease agreement allows it and the landlord provides written consent.
• Landlord Rights and Obligations:
  • Receive Rent: The primary right is to receive rent as stipulated in the agreement.
  • Maintain Property: Obligated to maintain the property in good condition and carry out necessary repairs.
  • Access to Property: Landlords generally need to provide reasonable notice before entering a rental property for inspections or repairs, except in emergencies.
  • Evict Tenants: Landlords have the right to evict tenants for valid reasons, but must follow specific legal procedures.
• Eviction Process:
  • Valid Reasons: Landlords can only evict tenants for valid reasons, such as non-payment of rent, breach of lease terms, or if the landlord genuinely requires the property for personal occupation.
  • Proper Notice: Landlords must provide proper written notice to the tenant before terminating a tenancy or initiating eviction proceedings. The required notice period can vary depending on the duration and terms of the tenancy, but often a minimum of one month’s notice is required for non-payment, and longer periods (e.g., three or six months) for other reasons or if seeking recovery for personal use.
  • Legal Process: Evictions must follow legal steps, often involving the Rent Control Department or a Rent Magistrate, rather than arbitrary forceful removal. Unlawful eviction attempts can lead to penalties for the landlord.
• Dispute Resolution:
  • The Rent Control Department and Rent and Housing Committees (or Rent Magistrates) are established to mediate and resolve disputes between landlords and tenants, aiming for fair and just outcomes outside of regular court proceedings.

It’s important to remember that while the laws provide a framework, practical application and enforcement can sometimes vary. For specific legal advice related to your situation in Ghana, it is always recommended to consult with a qualified legal professional.