Rental in Benin : What Beninese now need to know

Since June 2022, renting a room or a house in Benin to make it your home is experiencing a major revolution. The government, a, through the Directorate General for Housing and Construction (Dghc), developed a “Standard lease contract for domestic residential use”.

The document of 26 articles mentions the provisions governing rental in the Republic of Benin. From the deposit to the amount of the rent until the death of the tenant through the termination of the contract, everything is there. The order instituting the standard lease contract for domestic residential use in Benin was signed on 22 June 2022 by Jose Didier Tonato.

The cloud, A centerpiece

The first thing to remember in the rental process is the Unique Tax ID (The cloud). Both the landlord and the tenant of the room or house, the two actors must each have their Ifu. It is from this room that the operation begins. Ensuite, there is the national identity document (Identity card or passport) of the two contractors. The numbers of the said parts must appear on the contract. If the lessor or the lessee are represented, they must do the same. The other essential document is the building permit for the rental house.. The lessor or owner of the building concerned must mention the number on the form at its location, specifying the district or village and the district of the municipality in which it is located..

Ban on selling ice cream

In addition to the obligation to pay its rents and other city and police charges on time, the tenant, must enjoy the room or the house as a "good father". He should only have pets. He is prohibited from exposing "to the windows, on balconies and terraces, no linen or other object, not to let the water flow". The other decision to remember is the formal prohibition of "public sale, even by authority of justice” stipulates the paragraph 3 of the item 5 standard lease contract.

One of the subjects of heated discussions between the landlord and the tenant is the deposit. The standard contract is there. It rigorously represents three (03) month's rent. The rent being fixed according to the dimensions of the building and its geographical position in accordance with the price indices published by the national commission for the evaluation of buildings built or not. Clarification, the annual rental price is less than or equal to 8% the real value of the accommodation, of the apartment where the building is (Article 59 of Law No. 2021-02). It should be noted that the tenant leaving the rented room must take back his deposit deposited as soon as the integration of the house. Only that the owner could deduct the costs of repairs and possible damage caused by the tenant. It should be noted that the deposit cannot be revised upwards or downwards.. The tenant has no right to consume it.

Expulsion Without Notice

According to this article 19 of the contract, the tenant can be evicted from the building if his behavior prevents his neighbors from leading a quiet life. The order to leave the premises will be notified to him by bailiff's writ. No more notice questions. If the tenant must (03) months of unpaid rent, he can be evicted without the owner or lessor being obliged to give him notice (articles 75 at 80 of the law 2021-02). The law allows that in the event of death, the lease continues until its term for the benefit of the spouse, descendants or ascendants, if they regularly pay the rents.

Arnaud ACAKPO (Coll)