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It is unlawful for a landlord to remove the property of a tenant who has refused to pay rent without our involvement – Rent Control

April 15, 2024
rent-control-department

The Rent Control Department argues that landlords are not legally obligated to remove the property of an ‘absconded tenant’ or a tenant who has refused to pay rent or owes.

Public Relations Officer Emmanuel Kporsu says there are processes involved for a landlord to either evict or remove the items or property of a tenant who has absconded without a trace.

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The law mandates a tenancy agreement for tenants, outlining the rent period and related matters.

When rent expires and the tenant cannot renew, it is the tenant’s responsibility to inform the landlord of a possible renewal period or agree on a specific renewal period.

If the tenant fails to pay, the tenant will be invited over, and if all attempts to pay fail, rent control will evict the person.

He stressed that the landlord has no legal right to evict the tenant without the involvement of the department.

Mr. Kporsu indicated that in the case of the absconded tenant, there are processes involved in removing the property or items from the rented apartment.

He disclosed that the law requires that when a
tenant wants to travel for a longer period, he or she would have to inform the landlord, and in the case of an expired rent, the tenant would have to renew before travelling.

But should the tenant refuse to renew and the tenancy agreement expire and the landlord does not hear from the tenant, the landlord would then have to inform Rent Control, who would then go to court and seek an order or a notice that would be pasted in front of the tenant’s room for two weeks.

If the renter is not heard from in two weeks, Rent Control will come get the things and hold them for another two weeks before returning to court with a list of items.

The court will order the sale of items, and if the tenant owes the landlord, the money will be used to pay the debt.

Mr. Kporsu stated that if there is a balance, it will be deposited in the consolidated fund, and the court may also order the donation of items or property to SOS.

“A tenancy agreement should outline the rent period. If rent expires without immediate renewal, the tenant must inform the landlord for a agreed-upon period. The landlord cannot evict or remove belongings if rent is not paid. The tenant must inform the landlord of their inability to renew their rent.

The landlord must report to Rent Control, so that we can remove or evict the tenant. In the instance of an absconded tenant, if the individual fails to notify the landlord of his or her travels and the tenancy expires with no communication from the tenant, the landlord must notify us by law. We shall next file a court order or notice to be posted in the tenant’s room for two weeks.

If the renter has not returned or contacted to notify the landlord within two weeks, Rent Control will remove the things and retain them for another two weeks. When the two weeks are up and the tenant hasn’t returned, we will return to court with the list of objects, and the court will order that they be sold and the tenant’s obligation paid. When there is a balance, money is deposited in the consolidated fund.

In an interview with Nyankonton Mu Nsem on Rainbow Radio 87.5FM, Mr. Kporsu explained that the court can also order the items to be donated to SOS.

By: Rainbowradioonline.com/Ghana

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