11 reasons your landlord can evict you according to Ghana’s rent law

• Ghana’s Rent Act sets out specific grounds for landlords to seek eviction.

• Grounds include unpaid rent, nuisance, property damage and breach of tenancy terms.

• Landlords cannot legally eject tenants at will.

However, Ghanaian law does not give landlords an unrestricted right to remove tenants whenever they choose. The Rent Act, 1963 (Act 220) sets out specific circumstances in which a court or Rent Magistrate may order the recovery of possession or ejectment of a tenant.

These include non-payment of rent, breaches of tenancy obligations, nuisance or damage to the property, as well as situations where the landlord needs the premises for personal occupation, business or redevelopment.

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So, when can a landlord legally seek an eviction order?

Here are 11 grounds under Ghana’s Rent Act.

A landlord may seek recovery of possession where a tenant has failed to pay or tender rent lawfully due within one month after the date it became due.

Failure to pay rent can therefore become a statutory ground for ejectment once the required period has elapsed.

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A tenant may face ejectment for failing to perform an obligation under the tenancy, other than the specific provision relating to non-payment of rent.

The obligation must, however, be one that is consistent with the provisions of the Rent Act.

A landlord may seek possession where the tenant, or another person living with the tenant, causes nuisance or annoyance to adjoining occupiers.

This covers conduct that unreasonably disturbs or interferes with neighbouring occupants.

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A tenant may face ejectment where the tenant, or a person residing with them, has been convicted of using the premises, or allowing them to be used, for an immoral or illegal purpose.

The provision therefore relates to conduct that has resulted in a conviction.

A landlord may seek possession where the condition of the premises has deteriorated because of waste, neglect or default by the tenant or someone residing with them.

The court or Rent Magistrate determines whether the deterioration resulted from such conduct.

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A tenant's own notice to quit can, in certain circumstances, support an application for possession.

This applies where the tenant has given written notice of an intention to leave and, relying on that notice, the landlord has contracted to sell or let the premises or taken other steps that would seriously prejudice the landlord if possession is not obtained.

A landlord may seek possession where a dwelling house is reasonably required for occupation by the landlord, a member of the landlord's family or a full-time employee.

However, the Act imposes conditions on this ground. Where the premises are required for an employee, for example, the landlord must generally provide accommodation for that class of employee.

The court must also consider the hardship that granting or refusing the order would cause, including the availability of alternative accommodation.

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Where possession is granted on this ground, the person who will occupy the premises must be named.

A landlord may seek possession where the lease has expired, the premises were built for business purposes and the landlord reasonably requires them for their own business.

The landlord must give the tenant at least six months' written notice of the intention to seek recovery of possession.

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A landlord may seek possession where the lease has expired and the tenant is a statutory tenant, if the landlord intends to:

• demolish the existing premises and construct new ones;

• remodel the premises in a way that cannot reasonably be carried out while the tenant remains in occupation; or

• undertake a redevelopment scheme that requires possession.

The landlord must give at least six months' written notice.

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The court may impose conditions on an order for possession, including provisions relating to reinstatement or compensation where the proposed work is not carried out. The Rent Officer must also be involved in proceedings under this ground.

In cases involving remodelling, the tenant may have an option to obtain a new statutory tenancy of the remodelled premises under Section 18 of the Act.

A tenant may be required to leave where the premises were let to them because of their employment with the landlord and that employment has ended.

This ground applies to accommodation provided as part of the employment relationship.

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A landlord who previously occupied the premises may seek to recover possession after returning from a temporary absence.

This applies where the landlord personally occupied the property, subsequently let it substantially furnished during their absence from Ghana or the relevant area, and has returned and requires the premises for their own occupation.

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The lease must be in writing and state that it was granted for the period of the landlord's absence.

The Rent Act does not give a landlord a blanket right to remove a tenant simply because they want the property back. Section 17 identifies specific circumstances in which a court or Rent Magistrate may order recovery of possession or ejectment.

For tenants who receive a demand to vacate a home or business premises, the reason given by the landlord and the circumstances of the tenancy are therefore important.

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A landlord's demand to leave is not, by itself, the same as a lawful eviction order. Tenants facing eviction should examine the specific grounds being relied on and seek appropriate legal advice where necessary.