Did you know that the rental market in Botswana is a free market? This means tenants and landlords are at liberty to negotiate and agree on a rental amount for a property. Although there is the Rent Control Act (Chapter 43:09), it only applies to commercial properties.
The rental market might not be regulated, but this does not mean property owners and tenants are free to abuse the status quo. Unfortunately, that is exactly what we often see and hear about on social media and elsewhere: landlords hiking up rentals and disregarding tenants’ rights, and tenants fleeing without paying rent and utility bills, leaving landlords in debt. So, how do we address these matters? It almost always comes down to drawing up and understanding the rental lease.
In my experience, especially when it comes to the rental of low-end properties in the townships, tenants tend to think they have the option to choose whether they want a lease or not. This is not the case. In fact, most landlords in the townships do not use rental leases due to a lack of knowledge and in some cases due to fear of chasing away tenants. A rental lease is necessary no matter how small or cheap the property is. The purpose of the lease is to put in writing everything the landlord and the tenants have agreed on. This helps to avoid any future disagreements and misunderstandings by highlighting the terms and conditions of the rental arrangement. A typical lease has the following basic elements:
Names of parties involved: Full name of the tenant and landlord or property manager
Property description: Full address and a description of the premises.
Lease term: Start and end date of the agreement, including any provisions for renewing or extending the lease.
Rental details: Amount of rent agreed upon, payment due dates and accepted payment methods, late fees, or penalties for missed payments.
Security deposit: Amount, conditions for its return, allowable deductions.
Utilities and services: Who pays for what.
Maintenance and repairs: Who is responsible for what.
Use of property: Rules, restrictions, and policies on smoking, pets, and guests.
Alterations and improvements: Restrictions and permissions.
Entry to property: Conditions under which the landlord may enter the property.
Default and eviction procedure
Signatures
Remember, it is your right and obligation as a tenant to read and understand the lease before signing.
As we all know, your rights come with responsibilities. Whether you are a tenant or landlord, you must know what your rights are, but knowing your obligations is equally important. Now, without further delay, let’s explore some of those rights and obligations.
The Right to Non-Discrimination
Landlords cannot discriminate against tenants because of their race, religion, gender, origin, etc.
The Right to Information
Before moving in, as a tenant, you have the right to information pertaining to property details such as the condition of the property, including any existing damages or issues. You also have to be informed of any furnishings, fixtures, and appliances that are included in the rental. If it’s a multi-residential property, you need to know if you share anything like geysers, etc. Another critical factor is to know who handles maintenance and repairs.
If a security deposit is required, it should be communicated beforehand. The landlord cannot wait until a tenant moves in or pays the first rent to then bring up the security deposit.
The Right to Privacy
Even though the landlord is the rightful owner of the property, they must always give notice before coming to and entering the property. Contrary to what some property owners tell their tenants, while there is a tenant in the property, the landlord or anyone representing the landlord cannot come and go as they please.
Tenants have the right to keep their personal belongings and activities private from the landlord and other tenants. This also extends to personal information; landlords must safeguard tenants’ personal information unless required by law. Privacy also means the landlord cannot carry out any undue surveillance on tenants, such as hidden cameras in the rental unit.
The Right to Peaceful Enjoyment
This one is closely related to the right to privacy and they often overlap. Peaceful enjoyment means tenants should use the property without undue disturbance or interference from external factors such as the landlord, other tenants, or external noise. This includes the obligation of the landlord to ensure maintenance of common areas and provide a safe and quiet environment.
As previously mentioned, every right comes with a responsibility. It is your responsibility as a tenant to make sure you are well-informed. Ask questions regarding the property, no matter how obvious or implied the answer is. Usually, a tenant has a 14-day grace period to note and report any issues with the property. It also helps to do a property inspection with the landlord prior to moving in. In some cases, it might be necessary to ask whoever you’re dealing with if they are, in fact, the rightful owner. If they are not, you need to make sure they have the permission to lease the property. Make sure to ask about basic things such as waste collection and other services. Ensure you pay your rent as agreed and make the environment comfortable for other tenants if any. These are the responsibilities that come with your tenancy rights. Failure to carry out your obligations can lead to a breach of contract and eviction.
Understanding and exercising your rights as a tenant in Botswana is crucial for a harmonious and fair rental experience. While landlords must respect your rights to non-discrimination, information, privacy, and peaceful enjoyment, you also have responsibilities to uphold. By thoroughly understanding and adhering to the terms of your lease, you can ensure a smooth tenancy and avoid potential conflicts. Always remember, a well-informed tenant is a protected tenant.
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