ESTABLISHMENT OF A LEASE CONTRACT IN CAMEROON

The lease contract is a contract between a lessor and a lessee for the enjoyment of a building for civil or professional use for a certain time for a certain price; It can be in written or oral form; be for a fixed or indefinite period. The lease contract can be made by authentic deed or by private signature, but you must always take care to register it.

In Cameroon, the regulations surrounding the lease contract cover several articles.

 THE NORMATIVE FRAMEWORK OF THE LEASE CONTRACT IN CAMEROON

The normative framework of the lease contract depends on its nature.

Thus, if you request a rental for residential use or a common law lease, it is the rules of the Civil Code that apply, in this case, articles 1713 to 1762, which we invite you to read. . To learn more about the tenant's obligations in the lease agreement, please click here.

If, on the other hand, your lease is intended for professional use, the OHADA Uniform Act on general commercial law in its articles 101 to 134 will be applied, please click here for more information.

Once the thing and the price have been agreed, it is important to materialize the agreement in writing for the sake of proof.

NB: Even if you want to put an end to your lease contract, (for example because of unpaid rents or notorious negligence in the maintenance of the premises, etc.), make sure to serve the lessee beforehand, a formal notice by bailiff, followed by a rental notice the duration of which is 1 month for 1 year of rent. These measures would prevent you from being held liable for home invasion or abusive breach of contract.

  APPLICATION OF THE LEASE AGREEMENT

Some practical advice

On the lessor side,

• Insert a clause that prohibits subletting, if you do not want your premises to sublet; this is valid for any form of lease, whether residential or professional;
• Make an inventory before handing over the keys and insert a restoration clause in the event of termination of the lease contract, except for what has perished by force majeure or obsolescence;
• Reserve the right to evict the lessee in the event of the sale of the property for the benefit of a new purchaser subject to the payment of compensation equal to the amount of the rent over the notice period; Warning ! this clause is only valid for residential leases;
• Make the maintenance of wells and cesspools the responsibility of the lessee;
• Provide a review clause for the commercial lease contract, in order to have the possibility of increasing the rent at the time of its renewal;
• Even if you want to put an end to your contract (for example because of unpaid rents, notorious negligence in the maintenance of the premises, etc.), be sure to serve the lessee beforehand, a formal notice by bailiff, followed by a rental notice the duration of which is 1 month for 1 year of rent. These measures would prevent you from being held liable for home invasion or abusive breach of contract;
• During negotiations, it is possible to insert a termination clause in the contract (end) in the event of non-compliance with the lessee's obligations.

On the taker side,

• Always ask for a receipt for each payment during the lease contract;
• For your safety, if you have taken out a lease for professional use, it is more interesting to sign a fixed-term lease contract; the interest lies in the fact that you have a right to renew the lease; however, the indefinite duration means that it can end at any time;
• If you notice the dilapidated condition of the premises at the time of signing, express reservations about the condition of the premises at the time of signing the contract;
• Insert a clause giving the possibility of suspending the rental price for the duration of major repairs at the expense of the lessor;
• Regarding the professional lease, you automatically benefit from a resale right of the lease even after the sale of the premises by the owner;
• Provide for an assignment and sublet clause in the lease in order to benefit from the savings that could result from it and not face opposition from the lessor when the time comes;
• Use the premises with due diligence and above all negotiate payment terms that you can meet, because paying the rent on time is your main obligation.

NB: It is in the interest of both parties to register the lease contract.

Have you had a negative experience during your lease? Share it in the comments.