Abstract

A tenancy agreement is one of those areas in law that the average citizen needs adequate knowledge in. On average more than 80 percent of dwellers in cosmopolitan cities in Africa are tenants. Averagely, more than a third of the monthly income of tenants goes to meet with their rent and leases. About 35 percent of complains received at local law enforcement offices are directly or indirectly half linked to tenancy dispute.

This makes the area of tenancy agreements to concern and important to the average citizens. Tenancy agreement and lease agreements are treated like similar terms under Cameroon law. So we will use the terms interchangeably.

Hence. In this article we will look at tenancy contract which has been an important subject in Cameroon between landlords and tenants regarding possession of premises and also, the dispute between them due to increase in prices of house  rent by the landlord, failure to renovate the house and then bridge of contract.

A tenancy or lease agreement is extensively utilized by landlords who intend to present out their property at some point in time not exceeding 3 year. A tenancy agreement in Cameroon has to be drafted by solicitors to the owner and has to be correctly scrutinized by a potential tenant earlier than appending his or her signature.

CHAPTER ONE

GENERAL INTRODUCTION

1.1 Back Ground To the Study

The determination tenancy contract in Cameroon and in the south west region has become an important subject for some reasons. According to the recovery of premises ordinance CAP 193, 1948 it means agreements whether written or oral express or implied between a landlord and a tenant regarding possession of premises. A tenancy agreement is a relationship between an individual and his landlord.

According to CAP 193, 1948 a Tennant’s include a sub Tennant or any person lawfully in possession or occupation of premises whether by payment of rents or not. As earlier stated, when a contract has been reached it is agreed by the parties on the amount payable on the premises let out to the Tennant which is called rent the landlord, in turn is obligated to issue rent payment receipt to his Tennant in respect of rent paid .

The receipt shall state the following- The date on which the rent was received, Names and address of the landlord and Tennant, Description and location of the premises in respect of which the rent is paid, Amount of the rent paid by the Tennant and Lastly the Period to which the payment relates ,this means the duration of the tenancy not exceeding 3 years.

Rights of the Tennant are that he or she is entitled to the quiet and peaceful enjoyment of the premises the Tennant also has the right to use common areas for the reasonable and law purposes. For all the above rights to avail the tenant must fulfill his or her own obligation by paying rents at the time and manner agreed .it Should be noted that a landlord can eject a

Tennant from his premises such as no payment of rents and using the premises for an illegal

purpose or where he or she breaches any covenant

In conclusion, a tenancy agreement is widely used by landlords who intend to give out their property for the duration of Time not exceeding 3 years. Tenancy agreement stipulates the conditions agreed upon by both parties in the course of a tenancy. A tenancy agreement in Cameroon must be drafted by the solicitor to the landlord and must be properly scrutinized by a prospective Tennant before appending his or her signature.

1.2 Statement of the Problem

The major problems faced by tenancy contracts in Cameroon to the understanding of landlords, tenants, advocates, notaries, and the general public Since the pandemic began in 2020 the renting market has seen a boom in various reasons such as renting as a step towards self-sufficiency and independence The main problem of tenancy contract in Cameroon is the increase in prices of house rents due to the high demand of houses.

Also , some other problems which occur in a tenancy contract is having a wrong type of agreement, not having signed contracts, not having a proper inventory not protecting the deposit within the 30 days period, confusion with the dates and amending tenancy agreement.

 I.3 Research Question

This study possesses several questions which have been categorized in to main and specific questions.

1.3.1 Main Research Question

The determination tenancy contracts in Cameroon and more specifically in the south west reg

1.3.2 Specific Research Questions

1. Elaborating on the meaning and nature of tenancy?
2. Elaborating on the legal instruments in force to help regulate the determination of tenancy contracts in Cameroon.
3. To what extent do these measures function and the challenges in determining tenancy contracts?
4. What steps can be taken both by the state and its citizens to move beyond these challenges?

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