My landlady wants me to share a room with her son
Dear Mirror Lawyer, I am a young graduate from one of Ghana's technical universities. Two months ago, I rented a single-room, self-contained unit in Pantang, Accra.
The rent was for two and a half years, which I paid in full. There are two distinct apartments on the compound; my landlady and one of her sons reside in one, while I occupy the other.
During my second week in the apartment, my landlady pleaded with me to let her son spend the night at my place because she had a guest. Since then, it has become an everyday thing, which I find unacceptable.
When I complained about it, she told me I could move out if I was not happy with the arrangement because it is her house, and she can do as she pleases. She also refuses to give me a refund if I move out, because my rent has not expired. Please, is my Landlady right?
Yaw Esoun, Pantang.
Dear Yaw, the laws of Ghana seek to protect both tenants and landlords regarding rent issues, so I intend to give you the legal position.
In Ghana, before an agreement between a landlady and a tenant can be classified as Rent, certain elements or things must be present in that agreement.
They are the identification of the room, fixed duration, fixed price, and exclusive possession.
When it comes to renting a property, the first thing that must exist between the landlady and the Tenant is an agreement for the landlady to rent the room and for the Tenant to accept the rent.
After this, the apartment the landlady wishes to rent out must be viewed and available at the time of the agreement. It should not be something that existed in the past or will exist in the future.
The landlady should be able to show the room, and the tenant must also see that this is the room.
Besides identifying the room, the tenant must know how much the landlady is willing to rent the room, agree with her on the price, and proceed to make payment.
Additionally, the landlady must state the number of years the Tenant will occupy the room. The duration must be definite; thus, the start date and end date must also be known.
The last important thing to ensure in a rental agreement is that the tenant has exclusive possession of the apartment.
This means that the tenant will have access to the room and will be in charge throughout the period he occupies it. No one is permitted by law to use the room with him, not even the landlady, her family, or her agent(s).
The landlady and her sons are to allow the tenant to enjoy and use the place quietly without any of them getting in the way. When all these elements are present, then we can say that the rental agreement has been complied with.
In the scenario you put up, you have identified the room, made full payment, moved into the apartment, and are to occupy it for two and a half years. However, your landlady is refusing to let you enjoy the room or have full possession, by insisting that her son stay or always spend the night in your room.
In my view, she has infringed on your right of quiet enjoyment of the room. Even though she built the house, there are laws, and the laws protect your complete occupation and use of the room without sharing it with anyone, not even her son. She must comply with this provision, whether or not she built the house.
I will therefore advise you to visit any Rent Control Office in your community and report the matter to them. They will call her to their office and try to settle the matter amicably.
If that fails, they could order her to refund the money paid, if you are prepared to settle for that option, and that order will be enforced by the court of law, since your landlady is going against what has been stated in law.
She could also be restrained from interfering with your quiet enjoyment of the property on pain of a fine or imprisonment for contempt if she refuses to comply with any such order by a court.
Under Ghana law, she has no right to stop you from having quiet enjoyment of the room just because she built it.
