Renting a home or commercial space in Ghana is governed by the Rent Act, 1963 (Act 220). Whether you are a landlord or a tenant, knowing these laws helps prevent disputes and ensures everyone is treated fairly.

This guide breaks down the essential rules regarding rent advances, eviction processes, and your legal rights.

Rent Control and Advance Payments

One of the most discussed laws in Ghana is the limit on rent advance. While market practice often differs, the legal framework is clear:

• The Law: Legally, a landlord should not demand more than six months of rent in advance.
• Rent Increases: A landlord cannot arbitrarily increase rent. Any increase must be approved by the Rent Control Department, usually based on inflation or significant improvements made to the property.

The Eviction Process

A landlord cannot simply throw a tenant out or change the locks. Eviction must follow a legal process. Valid reasons for eviction include:

• Failure to pay rent for 30 days after it was due.
• Using the premises for illegal or immoral purposes.
• Causing significant damage (waste) to the property.
• The landlord genuinely needs the property for personal use or for immediate family.
• Major renovations that require the building to be empty.

Notice Periods

Before an eviction can happen, a formal “Notice to Quit” must be served. The length of this notice often depends on the reason for eviction:

• Standard Notice: Usually, the notice period matches the duration of the rent payment cycle.
• Personal Use: If the landlord needs the house for themselves, they must typically give the tenant six months’ notice.
• Court Order: If a tenant refuses to leave after the notice period, the landlord must obtain an eviction order from the Rent Control Department or a court. Forced evictions without a court order are illegal.

Key Tenant Rights

As a tenant in Ghana, you are protected by several fundamental rights:

• Quiet Enjoyment: The landlord cannot enter your home without your permission or a valid reason.
• Receipts: You are entitled to a written receipt for every payment made.
• Habitable Conditions: The property must be safe and fit to live in. Major structural repairs are the landlord’s responsibility.

What to do in a Dispute?

If you face an illegal eviction or unfair rent hike, follow these steps:

1. Mediation: Attempt to resolve the issue through direct communication.
2. Rent Control Department: File a formal complaint at the nearest Rent Control office. They act as mediators and have the authority to issue rulings on rent disputes.

Conclusion

In Ghana, the law favors a structured approach to tenancy. No tenant should be evicted overnight, and no landlord should be denied their property without following the legal steps set by the Rent Act.