Caretakers are sometimes used by property owners who are unwilling to hire a professional management company.

Caretakers are not licensed by any state or local authority though they can be bound by contract be it verbal or written. Caretakers are also relatively cheaper for landlords than their professional counterparts.

In Cameroon, a good number of buildings have a caretaker who lives in the property and carries out numerous responsibilities. It is important to note that some of these caretakers usually live in a flat for free.

Caretakers have a great responsibility towards the upkeep of the estate they manage on behalf of the landlord.

DUTIES OF A CARETAKER IN A TENANCY CONTRACT IN CAMEROON

A caretaker plays an important role in the management of the estate of a landlord. His role is as follows;

1. Ensures that the habitation of tenants is not disturbed.
2. Ensure that tenant problems are met with solutions.
3. Ensures that he reports to the landlord any fundamental issues affecting the estate.
4. Ensure that he provides experts for maintenance and repair purposes.
5. Contribute in making sure the property is in a good state of repair.
6. Ensure that the property of the landlord and tenant is secured.
7. Ensure that tenants respect their obligation in the tenancy contract.
8. Ensure that payments of fees for taxes such as land tax are paid by the landlord.
9. Generally attends to any problems concerning the estate of the landlord.

The above mentioned duties are not exhaustive as other duties can be added by the landlord in a caretaker agreement.

There are usually three types of insurance coverage for tenants. They include;

• Personal property
• Additional living expenses
• Liability.

1. Personal Property Coverage: This kind of coverage will cover the cost of repairing or replacing personal belonging if they are victims of an unexpected incident such as fire. However, such an insurance policy will have coverage limits for property losses. In order to have control over your coverage limits, it is good to create an inventory of your belongings and assess their value. Some coverage can provide actual cash value protection and cover the belonging up to their current market value.
2. Additional Expenses Coverage: If the house is damaged by flood and it becomes inhabitable due to the fact that extensive repair work is required, the coverage can help to pay for living expenses that the tenant might incur during the time the house is being repaired such as hotel bills and other accommodative stays. There would also be a maximum coverage limit hence it is a good idea to check such limits with the insurance agent.
3. Liability Coverage: Such coverage would cover the cost related to the individual(s) who incur medical expenses as a result of an unexpected injury while at the rental property. This coverage helps cover any accidental damages incurred to someone else’s property.

A tenancy contract in Cameroon is a contract of rental, usually written between the owner of a property and a renter who desires to have temporal possession of the property. The agreement identifies the parties to the contract, the property, the rental term, the amount to be paid for the term of possession, and the obligation of the parties during the tenancy period.

A tenant under Cameroon law is entitled to benefit from certain rights and protection during the pendency of a tenancy contract in Cameroon. These rights and protections can be illustrated through certain clauses as follows;

Fair Wear and Tear Clause: This clause protects the tenant against paying for damages which occurred on the premises as a result of the age of the property (natural circumstances).

Quiet Enjoyment: This clause give the tenant the exclusive right to enjoy his rented property without disturbance from the landlord or third parties.

Entry and Inspection: This clause gives the tenant the right to be informed before time by the landlord of his desire to enter his rented premise for inspection.

Noise Clause: This clause protects the tenant against noise capable of disturbing his prerogative of quiet enjoyment.

Reimbursement Clause: This clause gives the tenant the right to be reimbursed for works carried out by the tenant which was the responsibility of the landlord.

Rent Review: This clause gives the tenant the right to be informed ahead of time by the landlord on his intention to review the rents to be paid for the property in the future.

Standard of Accommodation: The tenant has a right to be given an accommodation of an acceptable standard.

Right to Contact Landlord at Reasonable Times: This is an exclusive right for a tenant. The tenant must exercise this right as per the circumstances of the situation during the tenancy term.

Eviction Clause: The tenant has the right to be given a reasonable period of notice to quit in line with the nature and duration of the tenancy contract.

The clauses under which the rights and protection of the landlord are guaranteed is as follows;

1. Severability Clause: This clause is aimed at preventing future issues in the tenancy contract. This clause states that if any part of the contract is ruled to be non-applicable by the court, the rest of the contract is going to remain valid. Failure to insert such a clause in the contract will expose the entire contract to be declared invalid by the court.
2. Access to Premises: This is the right-to-entry clause. In as much as the landlord in leasing his property is also transferring possession to the tenant, he may still need to enter the property in cases of emergency (Such as emergency repair, property inspection, etc.).
3. Joint and Several Liability: This is also an important clause as it stipulates that the tenants are entirely responsible for paying full rent even if one of the parties refuses to pay their share in a particular month.
4. Use of Property: This clause illustrates how the tenant is to use the property. This is to control the nature of habitation, regular maintenance, cleaning, waste disposal, etc.
5. Sublet Rules: This clause enables the landlord to set his terms for subleasing. If the landlord does not want the tenant to sublet his property, it should be clearly stated in the contract.
6. Rent Due Date and Late Fees: It is important for landlords to specify the payment conditions and timeline. The due date for rent, the grace period for late payments, and the penalty amount charged to tenants should be clearly stated. A landlord might have issues collecting payments without this clause.
7. Renewal Clause: This clause usually states that the tenant must give an advance written notice of their intention to renew their rent period. This guides the landlord in knowing whether to source for new tenants or not.
8. Cleaning Clause: This clause helps to maintain the state of repair of the property of the landlord. The tenant usually needs to return the property in the state of repair as it was first met. This excepts fair wear and tear on the property.
9. Indemnification of Landlord Clause: This clause absolves the landlord from any damage or loss to any property or person on the property. This clause is aimed at protecting the landlord from any damage that may have been caused by the tenant while they occupied the property.
10. Early Termination Clause: This clause permits a landlord to terminate the rental arrangement before the end of the term. This is usually the case for a breach of terms in the rental contract.
11. Lease Termination Clause: This is termination by mutual written consent between a landlord and a tenant.
12. Lease Breakage Clause: This clause permits the landlord and tenant to terminate the rental term at an agreed point in time. Some conditions may still have to be met for the breakage terms to apply such as;
13. The tenant needs to be up-to-date with full rent amount payments,
14. The tenant needs to relinquish the property so the landlord can use it,
15. The property needs to be in a good state of repair,
16. The tenant needs to notify the landlord through a written notice about the breakage.

There may be other miscellaneous clauses a landlord may wish to add to the major clauses illustrated above. However, it is guided by the circumstance of the rental situation the landlord may find himself into.

The Civil Procedure to evict tenants and recover premises in Cameroon

The civil procedures are regulated by the above-mentioned laws and they have as objectives:-

1. Regulate the relationship between landlords and tenants.
2. Prevent arbitrary increments of rents by landlords.
3. Prevent unlawful eviction of tenants.
4. Prevent illegal occupation by tenants.

The eviction procedure under the civil law

This procedure as opposed to the criminal procedure is focused on the landlord’s quit notice to the tenant for the recovery of premises. In line with this procedure, the rights of the tenants must be strictly protected.

The kind and duration of a landlord notice to quit to be served on a tenant by a process server are based on the type of landlord-tenant agreement. In this regard, the period of notice shall be determined as follows;

• A tenancy ay will – 1 week’s notice
• A monthly tenancy – 1-month notice
• A quarterly tenancy – a quarterly notice
• Yearly tenancy – half a year’s notice.

Any tenancy regime exercised without the presence of a tenancy agreement will be determined by the nature of the payment.

What are the contents of a quit notice?

The quit notice served on a tenant must contain the following information;

• The tenant is instructed to quit and deliver up possession.
• The kind to tenancy regime.
• The situation of the premises.
• The date of commencement of the tenancy.
• The date of expiration of the tenancy.
• The date of expiration of the quit notice.
• The date and signature on the quit notice.

The process server in collaboration with the legal practitioner of the landlord will serve a notice of the landlord’s intention to apply to recover possession after the expiry of the notice period.

The court will not entertain any matter on the intention of the landlord to recover his premises if the service of notice procedure has not been respected. In this light, after the expiry of the statutory notice period on the tenant, the landlord shall through his legal practitioner, in collaboration with the process server serve on the tenant a 7 days notice to quit.

If the tenant fails to vacate the premises of the landlord, then the landlord in his capacity as the plaintiff shall through his legal practitioner file a plaint or writ against the tenant before the competent court in which jurisdiction the property is situated.

The Criminal Procedure to evict tenants

According to section 322-1 of the Cameroon penal code on renting fraud, it is stated that whoever rents a built or unbuilt property on the basis of a duly registered contract, owing two months’ rent, and who has not paid such rents or vacated the said property, one month after the service of a notice to pay or quit, shall be punished with imprisonment for from 6 months to 3 years or with fine of from 100,000fcfa to 300,000fcfa, or with both such imprisonment and fine.

Upon conviction, the court shall, in addition, order the eviction of the tenant or any other occupant.

Landlord Insurance

Landlord insurance is a type of insurance policy specifically designed to protect those who own investment properties. Landlord insurance covers any event that may affect investment such as theft, storm damage, or tenants not being able to pay their rent.

Coverage of Landlord Insurance

An insurance policy for a landlord may cover the following aspects;

1. Building cover: This is insurance against damage to the building structure which includes pipes, cables, external awnings, fixtures, fittings, etc. in the event of;
2. Flooding
3. Fire
4. Earthquakes
5. Explosions
6. Lightning strikes
7. Impact damage
8. Storm damage etc.
9. Contents cover: This is insurance cover for furnished homes as it seeks to protect additional contents against theft or damage such as appliances, carpets, curtains, furniture, etc in the event of a fire, storm damage, explosions, earthquakes, impact damage (such as an accident), tree falls.

What aspects are not covered by landlord insurance in Cameroon?

Though insurance is aimed at protecting the properties of the landlord in Cameroon, there is only an extent to which such coverage can be exercised. The landlord insurance doesn’t cover the following aspects;

1. Tenant Repairs: This entails handiwork carried out by tenants which may result in property damage.
2. Building defects
3. Tenant contents
4. Extra services: This includes services such as lawn services, plumbing services, etc.
5. Market conditions
6. General wear and tear: This entails damages created by natural conditions of time such as mold damage, and peeling paint.

The terms to a tenancy contract in Cameroon are typically implicit terms, explicit terms, or written terms. These terms are usually regulated by contract law and laws regulating the tenancy regime in Cameroon.

CLAUSES APPLICABLE TO TENANTS IN A TENANCY CONTRACT IN CAMEROON

Tenants are the clients of landlords. As such they permit the landlord to make money as a result of the use of their property for habitation. Hence, they have an almost equal standard of responsibility in a tenancy contract. The responsibility of a tenant is guided by the following clauses;

1. Payment of Rents: This clause expresses the fundamental duty of a tenant to pay his rent when due. A tenancy contract is a contract of offer and acceptance in exchange for consideration. Hence the consideration, in this case, is the rent paid by the tenant to the landlord. Failure of a tenant to respect this clause will lead to eviction from the property in accordance with the law in force in Cameroon.
2. Payment of Bills and Other Charges: In a tenancy regime, the tenant is liable to other payments apart from the payment of rent. Other payments include; electricity bills, water supply bills, waste disposal bills, etc. the respect of this clause smoothens the tenancy relationship in the long term.
3. Security Deposit: This clause has as aims to provide some form of financial insurance in the tenancy contract. It is also called a ‘Caution Fee’ in some cases. The purpose of this deposit is to ensure that if the tenant is to vacate the premises, and there is some damage caused by the tenant, the deposit can be used to offset the charges for repairs. However, it is fully refundable if the damages are as a result of fair wear and tear excepted.
4. Pet Clause: This clause though most often neglected in some tenancy contractss is very important. This is because the presence of a pet under a particular tenant can constitute a serious nuisance to other tenants in the same estate. It is therefore important that the tenant who owns a pet clearly outlines the manner in which he or she shall control the same in a way desirous for the habitation of other tenants.
5. Noise Clause: This clause is aimed at ensuring that the tenant agrees not to cause or allow any noise or activity on the premises which might disturb the peace and quiet of another tenant. A breach of this clause in a tenancy contract can amount to a breach of the tenancy contract.
6. Illegal Activity clause: This clause is aimed at ensuring that the sanctity of the premises is maintained. The tenant is not to engage in any illegal activity or permit others to use their rented premise for the conduct of the illegal activity. A breach of this clause can have great repercussions on the other tenants in the estate.
7. Anti-Theft Clause: This clause on one hand absolves the landlord from any theft caused on the property of the tenant during the pendency of the tenancy contract, and on the other hand it directs the tenant not to orchestrate theft on the property of the landlord during the pendency of the tenancy contract.
8. Waste Disposal/Management Clause: This clause is aimed at ensuring that the tenant shall not allow any refuse, garbage or any loose, objectionable material to accumulate in or about the premises at all times to keep the premises in a clean and neat condition. This clause obliges the tenant(s) to live in a clean and healthy environment.

There are other minor clauses that may be added to the clauses mentioned above. However, the above clauses will protect the authority of the landlord, tenant, and the state of repairs of the property.

The terms to a tenancy contract in Cameroon are typically implicit terms, explicit terms, or written terms. These terms are usually regulated by contract law and laws regulating the tenancy regime in Cameroon.

CLAUSES APPLICABLE TO LANDLORDS IN A TENANCY CONTRACT IN CAMEROON

Landlords are the persons who own the property to be let. They are however bound by certain clauses which are aimed at protecting their property and the tenancy regime force. These clauses are as follows;

1. Guarantee of Quiet Enjoyment: According to this clause, the landlord is to ensure the tenant that should he pay for the rent of his property, the latter will be sure to benefit from undisturbed enjoyment of the property. Hence it is the landlord’s warranty that he will not do anything that will materially or substantially interfere with the tenant’s use of the property. This clause is aimed at ensuring the tranquility of the tenant in the property.
2. Fixtures Clause: It is important that the state of repairs of the property should be almost at the state at which the tenant saw the property before it was let. It is therefore important that the landlord has a clause on fixtures and fittings which may be done by the tenant, on the one hand, thus instructing the tenant to remove same at the time of vacating the premises, or fixtures and fittings done by the landlord on the other hand in which the tenant is instructed not to remove same during the pendency of the rent contract.
3. Fair Wear and Tear Clause: This clause is aimed at ensuring that the damages expected by the landlord are those damages as a result of the depreciation of the property by age. Hence any further damage not resulting from the natural damage on the property will have to be insured by the caution paid by the tenant. If it is the cost of the damage is above the fee of caution, the landlord can resort to further legal action to have the problem fixed.
4. Rent Review: This clause is aimed at ensuring that the landlord benefits from the appreciation of his property over time. Hence it gives him the latitude to engage in reviewing the rents to be paid by tenants as per the circumstances of the society and the appreciation of his property.
5. Restriction to Sub-Let: This clause is aimed at protecting the usability of the rented property. It gives the landlord control over habitation in his premises. Thereby ensuring the state of repairs of his property.
6. Maintenance Clause: This clause is aimed at ensuring that the quality of equipment in the property is properly maintained. It is safer for the landlord to be in charge of maintenance of the property in order to preserve the state of repair of the property. It also permits the landlord to know the state of destruction orchestrated by the tenant.
7. Eviction of Tenants: This clause protects a landlord against recalcitrant tenants who refuse to respect the terms of the tenancy contract.

There are other minor clauses that may be added to the clauses mentioned above. However, the above clauses will protect both the authority of the landlord and the state of repairs of the property.

The patience exercised by landlords in Cameroon was also guided by the civil law procedure in Cameroon. The steps in this procedure were guided by the notice period as follows;

1. 1 week’s notice to quit for a tenancy at will.
2. 1 month’s notice to quit for a monthly tenancy.
3. A quarterly notice to quit for a quarterly tenancy.
4. Half a year’s notice to quit for a yearly tenancy.

It is common practice that through the competent court in Cameroon, a 30-day notice to quit is issued after which a 7 days notice to quit is issued. Failure by the tenant to respect the notices, then a civil action is initiated at the competent court for a procedure to recover premises.

The legislator in Cameroon has ratified a law that has come as a green light for landlords, as landlords are now given the powers to establish complaints against tenants in Cameroon who default to pay their rent for two months. Such defaulting tenants shall pay a fine of from 100,000fcfa to 300,000fcfa or an imprisonment term of from six months to three years in accordance with section 322-1 of the Cameroon Penal Code.

Recommendation

We however recommend that the tenancy contract should have an arbitration clause in which the parties will first make recourse to amicable settlement methods. If the amicable settlement methods fail, then the landlord can engage the criminal action against the defaulting tenant in line with the relevant provisions of the Cameroon Penal Code.