Ngwang Shey, a Barrister at Law based in Bamenda, revisits the question of what it takes to evict someone from a rented premises.

What does it take to expel someone from a rented commercial or residential premises?

Leases or tenancy relationships between landlords and tenants in Cameroon are governed by three different legislations; to wit: the OHADA Uniform Act on General Commercial Law 1998 as amended; the “Code Civil” applicable in French-speaking Cameroon and the Recovery of Premises Ordinance Chapter 176, applicable in English-speaking Cameroon.

The law on commercial leases is of general application since it is an international treaty ratified by Cameroon. The word “expel” in your question indicates that it is a situation of a breach of the lease agreement and the landlord is seeking redress. Under the OHADA Uniform Act afore cited, the law enjoins the landlord to serve on the tenant a notice calling on him or her to comply with the particular clause which the tenant is in breach for a period of 30 days.

The law further stipulates some breaches as fundamental; for example, failure to pay rents, which warrant that the formality of notice may not be followed. When the requisite condition is not complied with, the landlord can seize the competent court for an eviction order. (The competent court, as the case may be, refers to a court with both material and territorial jurisdiction according to the 2006 Law on Judicial Organization, as amended). 

However, if there has been no breach of the clauses of the contract and the landlord wishes to terminate the lease contract, he is mandated to give a six-month notice before engaging or proceeding to obtain an eviction order from court. In the South West and North West Regions, non-commercial tenancy agreement or relationships are governed by the Recovery Of Premises Ordinance Chapter 176.

This ordinance has graduated the length of notice to determine the tenancy and to proceed to seeking an eviction order from court with jurisdiction. Article 8 (1) (a) (b) (c) (d) stipulates the various durations, i.e, a week’s notice for weekly tenancy; a month’s notice for monthly tenancy, etc. Failing to respect this notice allows the diligent party to seek redress in a Law Court for the other party to be evicted.

The “Code Civil” in French-speaking Cameroon has its own provisions which all converge before the law court for an order of eviction. It is therefore jungle justice to remove one’s door or throw out the belongings of a tenant who has breached the contract. The law frowns at such behaviour that can expose the landlord to criminal prosecution for invasion of residence under the Penal Code.

What are the challenges or abuses often encountered in enforcing the law?

The challenges in enforcing the law are two-fold. First, the Land Tenure Law of 1974 in Article 8 forbids any Public Notary from drawing up a lease when the land in question is not registered in the name of the leasor. The reality in Cameroon is that a majority of houses in urban areas along commercial centres are on national land. The question now is on what legal basis are the parties standing when entering into a lease agreement?

The court cannot enforce an illegal contract because the party leasing without title over the peace of land has no locus standi to contract, let alone enforce the obligation arising therefrom. The OHADA Uniform Act’s provisions face a difficult terrain, thus leaving the enforcement of legal provisions in this area at the mercy of good faith.  The local legislator therefore has to rethink a possible amendment of Article 8 afore cited.

This is the more reason why lawyers of Common Law background think that Cameroon needs a Law Reform Commission which can look into these problematic areas of the law and propose possible amendment for a smooth implementation of international treaties duly ratified by the country. Secondly, ignorance of the rights and obligations implied in the contract by law on the part of all the parties to it, contributes to poor implementation or respect of the law on tenancy. Very few people consult lawyers in view of a tenancy agreement.

On what grounds can tenants who believe their rights have been infringed seek redress?

Any party to a contract has a legal right to challenge the other party if he/she is aggrieved. The OHADA Uniform Act provides that a tenant can object to a notice to quit the premises and the competent court will appreciate the grounds of objection and rule accordingly. For example, if the requisite length of notice is not respected by the landlord, the tenant can object before a law court. It is only a word of advice that parties to a lease or tenancy contract should carefully study and understand each clause of the contract vis a vis the regulations in force. People should consult legal practitioners to advise and draw up lease or tenancy contracts for them that represent their true intentions and the spirit of the law.