A tenancy contract in Cameroon is a contract of rental, usually written between the owner of a property and a renter who desires to have temporal possession of the property. The agreement identifies the parties to the contract, the property, the rental term, the amount to be paid for the term of possession, and the obligation of the parties during the tenancy period.
The terms to a tenancy contract in Cameroon are typically implicit terms, explicit terms, or written terms. These terms are usually regulated by contract law and laws regulating the tenancy regime in Cameroon.
CLAUSES APPLICABLE TO LANDLORDS IN A TENANCY CONTRACT IN CAMEROON
Landlords are the persons who own the property to be let. They are however bound by certain clauses which are aimed at protecting their property and the tenancy regime force. These clauses are as follows;
- Guarantee of Quiet Enjoyment: According to this clause, the landlord is to ensure the tenant that should he pay for the rent of his property, the latter will be sure to benefit from undisturbed enjoyment of the property. Hence it is the landlord’s warranty that he will not do anything that will materially or substantially interfere with the tenant’s use of the property. This clause is aimed at ensuring the tranquility of the tenant in the property.
- Fixtures Clause: It is important that the state of repairs of the property should be almost at the state at which the tenant saw the property before it was let. It is therefore important that the landlord has a clause on fixtures and fittings which may be done by the tenant, on the one hand, thus instructing the tenant to remove same at the time of vacating the premises, or fixtures and fittings done by the landlord on the other hand in which the tenant is instructed not to remove same during the pendency of the rent contract.
- Fair Wear and Tear Clause: This clause is aimed at ensuring that the damages expected by the landlord are those damages as a result of the depreciation of the property by age. Hence any further damage not resulting from the natural damage on the property will have to be insured by the caution paid by the tenant. If it is the cost of the damage is above the fee of caution, the landlord can resort to further legal action to have the problem fixed.
- Rent Review: This clause is aimed at ensuring that the landlord benefits from the appreciation of his property over time. Hence it gives him the latitude to engage in reviewing the rents to be paid by tenants as per the circumstances of the society and the appreciation of his property.
- Restriction to Sub-Let: This clause is aimed at protecting the usability of the rented property. It gives the landlord control over habitation in his premises. Thereby ensuring the state of repairs of his property.
- Maintenance Clause: This clause is aimed at ensuring that the quality of equipment in the property is properly maintained. It is safer for the landlord to be in charge of maintenance of the property in order to preserve the state of repair of the property. It also permits the landlord to know the state of destruction orchestrated by the tenant.
- Eviction of Tenants: This clause protects a landlord against recalcitrant tenants who refuse to respect the terms of the tenancy contract.
There are other minor clauses that may be added to the clauses mentioned above. However, the above clauses will protect both the authority of the landlord and the state of repairs of the property.