9 Dangerous and Costly Mistakes Committed By Most Landlords Unknowingly

14/9/2014

House For Rent! Good Tenants Wanted!

Are You a Landlord or Know Someone Who Happens to be a Landlord? Do You OWN or know Someone close to You who Owns ANY kind of Rental Property such as Residential and/or Commercial Real Property? Are You or are they COMMITTING ANY one or more of the following Nine (9) Dangerous and Costly Mistakes Landlords Make Unknowingly?

Well, find out for FREE today if at all you or them are committing any one of these landlord mistakes unknowingly and save yourself the potential dangers, troubles, costs and heart attacks associated with each one of them.

And even if you happen to be a seasoned and professional landlord, reading and reminding yourself of these dangerous and costly mistakes could save your bacon (rental profits) and prevent you from having many, many sleepless nights in the near future due to the fact that you may have unknowingly neglected to auto-correct one or more of these mistakes!

So, continue reading on and find out which one of these mistakes you may have been committing unknowingly and save yourself the potential dangers and troubles associated with each one of them as earlier on stated. Read below:

1. Ignorance Of The Law: Not Actively Seeking To Know And/or Understand The Relevant Law Relating To The Rental Business

The popular Latin Maxims known in the Expert Field of Law are "Ignorantia Juris Non Excusat or Ignorantia Legis Neminem Excusat" which simply means in straight forward english language as "Ignorance Of The Law Does Not Excuse" or "Ignorance Of The Law Excuses No One" are basic legal principles holding that a Person who is Unaware of a law May Not escape liability for violating that law merely because he or she was unaware of its content.

Other Latin Maxims worthy noting here as well are "Nemo Censetur Ignorare Legem" (meaning: Nobody Is Thought To Be Ignorant Of The Law) or "Ignorantia Juris Nocet" ( meaning: Not Knowing The Law Is Harmful)!!!

However, as every brilliantly educated and learned legal brain out there knows, to every general rule of law, exceptions exist. But suffice it to say that it is highly important as a landlord to take deliberate and intentionally directed steps to educate oneself in such crucial matters before its too late so as to avoid experiencing the inherent potential dangers and costly consequences that come as a result of ignorance!

Therefore, if you happen to live or you're intending to come live and invest in real property in the Republic of Zambia whether for business purposes or simply for personal reasons, well, here are recommended pieces of the Relevant Law you need to educate yourself with to make sure you're on the safe side:

a) The Rent Act (Pertaining to the Leasing of Residential Properties) Chapter 206 of the Laws of Zambia;

b) The Landlord and Tenant Act (Pertaining to the Leasing of Business Premises) Chapter 193 of the Laws of Zambia;

c) The Urban and Regional Panning Act, No. 3 of 2015 of the Laws of Zambia;

d) The Lands (Perpetual Succession) Act Chapter 186 of the Laws of Zambia;

e) The Lands Acquisition Act Chapter 189 of the Laws of Zambia;

f) The Lands and Deeds Registry Act Chapter 185 of the Laws of Zambia;

g) The Common Leasehold Schemes Act Chapter 208 of the Laws of Zambia;

h) Part III of the Zambian Constitution Act, Chapter 1 of the Laws of Zambia, especially Articles 16 and 17 relating to the protection of Real Property Ownership;

i) The Zambia Development Agency Act, No. 11 of 2006 of the Laws of Zambia (This is a Must Know for Foreign Nationals and/or Foreign Entities);

j) The Property Transfer Tax (Amendment) Act of 2013;

l) The Lands Act Chapter 184 of the Laws of Zambia;

m) The Income Tax Act Chapter 323 of the Laws of Zambia referred to as 'The Principal Act' in the Income Tax (Amendment) Act of 2013 [Especially The Section Relating To The Payment of Withholding Tax As a Landlord As Well As Other Taxes Pertaining To Real Property Ownership In Zambia];

n) The Land Survey Act Chapter 188 of the Laws of Zambia;

o) Any other Relevant Branch of Private Law Making Relating To Real Property Ownership Such As Basic Contract Law as well as Tort Law on Occupier's Liabilities.

If you don't know where to locate these pieces of laws or legislation, then please simply get in touch with me and I should be able to advise you appropriately!!!

2. Most Landlords Never Treat Their Rental Properties As A Business

Every rental piece of real property one owns MUST ALWAYS be treated as a separate and independent business unit with its own profit and loss account as well as its own balance sheet!

WHY? Because renting properties to other people is a business. If you don't treat your rental properties as such, you might be incurring losses and yet not know about it. And even if you weren't incurring any losses whatsoever, its just plane smart to treat each and every one of your rental properties as separate and independent businesses.

3. Most Landlords Don't Thoroughly Prepare The Property Before Showing It To Prospective Tenants

This is one of the commonest, dangerous and costly mistake many amateur landlords and even some seemingly seasoned landlords commit unknowingly.

You see, before you even consider advertising your rental property, the very first and most critical thing you need to do is to make sure that you've cleaned up the property thoroughly well before showing it to your prospective and ideal tenants. Make sure the inside and the outside of the property looks neat including the surrounding yard. Why? Because no one ever wants to live in a dirty environment. Plane simple isn't it? But you'll be surprised to learn and know that its not as plane simple as it sounds to many amateur and even to many seemingly seasoned landlords!

Perhaps a great question to ask yourself as a landlord is "Would I rent and live in this place If I were a tenant myself? " If your answer is a definite no, then its time to do some work out on your piece of rental property before you advertise it and start showing it to prospective tenants.

At other times, if the property has been occupied for sometime by other tenants and the current tenants decide to leave for whatever reasons, then you might need to do some cosmetic and minor repair works on the property before advertising and/or showing it to new prospective tenants. This is so in order to increase the perceived value of the property.

These cosmetic and/or minor repair works might include adding a new coat of paint inside and outside the house. Replacing sockets and switches. Putting some new tiles. Replacing worn out doors and door handles such as mortice locks etc.

But the general, common and costly mistake most amateur and some seemingly seasoned landlords make is to straight away advertise and start showing the property to prospective new tenants before they do anything to it. They do this in the hope and promising that when the new tenant pays the rental fees, they'll be able to work on the house. But as we know it today, most tenants have become very smart and intelligent these days due to the fact that they've learn't their lessons the hard way! Most of them are not easily willing to part away with their own hard earned money and risk giving it away to some landlord who in most cases might change his or her mind and divert the money to some other personal projects of his or hers.

Yes, I'm aware that there are some tenants that are easy and willing to accept this arrangement, but the majority of them do not subscribe to this type of agreement. And of those that do accept, they may be doing it just because they are desperate and sooner than later they may decide to leave if you do not do as you initially promised to do and take you back right to square one where you have to start all over again!

So What Are You Supposed To Do Then?

Well, use your own hard earned money and work on the house before you advertise and start showing it to your prospective new tenants.

Do not become stingy with your investment property. Spend that money and improve your property first and you'll be happy that you took and made that decision later on. Why? Because you'll end up attracting excellent tenants that will end up staying in your rental property for a very long time indeed and shall be highly happy to pay you your rental fees on time because the property looks good in their eyes!

But What If You Don't Have This Kind Of Money To Do These Kinds of Cosmetic and/or Repair Works?

Well, their is a Little Known Secret and/or Cost Effective Way or Strategy you can employ or apply right now gratis to help you do some cosmetic and/or repair works and thus improve the perceived value of your rental property in the eyes of your prospective new potential tenants!

If therefore you're interested in this very Little Known Secret and/or Cost Effective Way or Strategy, then get in touch with me and I should be able to disclose it to You FREELY!!!!!

And guess what? This Little Known Secret and/or Cost Effective Way or Strategy is NOT about getting a salary advance, compassionate loan or any form of soft loan whatsoever from the various financial and/or micro-finance lending institutions! No. It's NOT any of these options. This ONE is one of its own kind that you've NEVER heard or read about!

So, dear landlord and blog reader, to get to know about this very Little Known Secret and/or Cost Effective Way or Strategy, get in touch with me and I'll gladly disclose it to You FREELY!!!!!

Call or Sms me directly right NOW on +260 977 805045 / +260 966 388525 / +260 955 168754.

Or, alternatively email me at dkapalu@davirealestatem.com indicating your interest in this very Little Known Secret and/or Cost Effective Way or Strategy and I'll gladly get back to you in record time!

4. Most Landlords Do Not Put Or Rather Reduce Everything Into Writing

Most landlords never put or rather reduce everything into writing. And when I talk about putting or rather reducing everything into writing, I mean preparing and including all the pertinent rental policies and/or terms and conditions in advance. This therefore entails having that dreaded Tenancy Agreement in place.

However, since most landlords are NOT schooled or rather enlightened in such matters, they bury their heads in sand hoping, thinking and praying that all shall be fine with their tenant-landlord relationships. But to the contrary, things do not always turn out to be that easy and predictable in life as we've come to know from experience.

So, its Always Important to have a Tenancy Agreement in place that incorporates and provides for the known as well as for the unpredictable future.

Therefore, What Are Some Of The Most Important Polices, Terms and/or Conditions That Ought To Be Seriously Considered Before-Hand In The Tenancy Agreement?

Well, the most important polices, terms and/or conditions are but are not limited to the following::

a) Provision as to whether you'll allow domestic Pets and/or other Animals such as Dogs and Cats etc or not. If you will, how many?

You might ask, "Why should I limit the number of domestic animals on my rental premises and incorporate such a seemingly strict policy in my Tenancy Agreement?"

Well, uncontrollable numbers of domestic pets and/or animals such as dogs, cats, doves, horses etc can end up causing damage to your piece of rental property if left unchecked and controlled.

They can also affect the natural beauty and scenery of your property.

Therefore, its important that you incorporate such a policy or term in your Tenancy Agreement that will restrict the number of domestic pets and/or animals so as prevent the potential damages associated with having large numbers of such creatures on your rental premises!

b) The number of Occupants

c) Who pays for Utilities such as water, electricity, cabbage collection, security, sewerage etc

d) Good Management of the Property such as who will do repair works to the property when damaged by either the tenant's immediate family members or damages coming as a result of natural calamities and to what extent and what amount of expenditure is the tenant allowed to spend on repair works? And is this supposed to be done with or without express permission from the landlord?

e) The amount of Rental Fees to be paid by the tenant and on what date and time specifically is tenant supposed to pay such fees. Also, are you going to include penalties for late payment of rental fees or not. If you're going to include such penalties, how much will such penalties be per day when rent is not paid?

f) Will you allow tenant to sublet the premises to other tenants or not.

g) Will you allow tenant to conduct serious commercial business activities on your premises or not?

h) Any other relevant policies, terms and/or conditions that you may deem fit and necessary to protect your interests and the property from abuse and damage.

If you desire an example of a detailed Tenancy Agreement, then click HERE for insight and inspiration. When you click on this link, it will take you to a Webpage called 'Downloads' right here on this very Website and once on that Webpage, click where it says 'Davik Tenancy Agreement Form'. That's it. The said template Tenant Agreement can be modified to suit your own unique circumstances!

5. Most Landlords Never Do Routine Property Inspections

This is also another dangerous and costly mistake committed by most landlords unknowingly.

Just because your tenant pays you the rental fees on time and does not complain to you about the state of the property does not mean that all is okay. You need to make impromptu and occasional spot checks on your property just to make sure that all is fine. Never assume that everything is fine. Regularly inspect your property. That way the tenant will know that you do care as well as prevent any unnecessary abuse of the property by the tenant.

6. Most Landlords Rent-Out Their Rental Properties To Friends And Family

This is another common and dangerous mistake made by most landlords unknowingly as well.

Their is totally nothing wrong with renting out your property to friends and relatives as long as you make it plainly graphic to them that this is a business and that you'll NOT entertain ANY sob and calamity stories from them when time for paying rental fees is up. Just don't allow them to take advantage of you because you happen to know each other.

Otherwise, the best strategy is for you to avoid renting your property to this class of people if you can that is. That way, you'll end up saving your good relationships with them.

But if you want to sour your relationships sooner or later on, then please go right ahead and rent out your property to such people.

However, don't complain when they start defaulting and take advantage of you!

7. Most Landlords Easily Entertain Mourning And Calamity Stories Without Question

Another common and costly mistake committed by most landlords unknowingly is entertaining mourning and calamity stories from their tenants without question. Stories such as being unable to pay rental fees on time due to ill health, loss of a job, no business, loosing of a loved one in the family, etc are all common sob stories tenants use to escape paying rental fees on time.

Yes, we all experience such adversities at one point or another in our lives, but entertaining such sob stories as and when they are presented to you as a landlord on a frequent basis can affect your bottom line in terms of your income levels. It also makes your planning very difficult in the process.

The way to look at this is this; if you borrowed money from the bank, would the bank accept your mourning and calamity story and excuse you from paying and remitting that monthly loan deduction?

Well, both you and me know damn well that the answer is a definite NO of course!

Then why should you as a landlord be any different from the bank? Both you and the bank are in business!

So, You Must NEVER entertain such sob stories at all costs unless otherwise and previously agreed upon in your Tenancy Agreement where procedure relating to such issues is clearly provided for therein.

So, What Are You Supposed To Do Then As A Landlord To Prevent Such Mourning And/Or Calamity Stories From Repeating Themselves On A Frequent Basis?

Well, provide and incorporate a rental policy, term and/or condition that governs the procedure regarding how you're going to treat and handle such issues as and when they arise and not waiting until it is too late thereby affecting your bottom line!

8. Most Landlords Do Not Thoroughly and Properly Understand The Costs Associated With The Rental Property Business

Profit maximization is the central theme in each and every business entity. And therefore thoroughly and properly comprehending the costs associated with every business venture is a MUST if you're ever going to survive in the business world!

The same holds true when it comes to the rental business. You MUST understand the costs associated with each and every rental unit you own as a landlord or else you'll end up a looser. Costs such as property management fees, home owners insurance, land rates, ground rents, income taxes such as withholding tax, monthly mortgage loan repayments etc must all properly be understood by you the landlord and taken into consideration when ascertaining the monthly rental fees to be paid by the tenants when they eventually occupy your piece of rental property. This will enable you to remain in a positive cash flow position rather than a negative one.

So, understanding the costs associated with the rental business is crucial to each and every landlord who desires to be a great success in his real estate investment efforts!

9. Most Landlords Do Not Thoroughly and Properly Pre-Screen Tenants

The last but not the least dangerous and costly mistake most landlords commit unknowingly is as stated above: Not Thoroughly and Properly Pre-Screening The Tenants To Be!

You see, not every person who comes your way and shows interest in your rental property qualifies to be a Good Tenant. Most of them are what I like to call "YUPPIES". Yuppies are the kind of tenants who once you've rented out your rental property to them, make the loudest kind of noise like a pig on the slaughter table. They happen to be very, very demanding and the moment your rental property experiences a slight problem like for instance a leaking roof or even a broken window pane or door, they are so quick to give you a call even in the middle of the night for you to go fix that problem!

So, would you love and enjoy having such a tenant occupying your rental property? Definitely not me! And its my guess that you wouldn't fathom having such a tenant occupy your piece of rental property either.

Therefore, learn and master the art of pre-screening tenants to be so that you only select and accept the best candidates and get to weed out the potential problematic ones!

In my many years of being in this industry and having dealt with a sizeable number of landlords and distinguished tenants, I've come to the realization and conclusion that their are some categories of people and/or professions or careers that appear to be very good tenants and their are some that are so problematic as to go to the extreme extent of even threatening their landlords with Unnecessary and Uncalled for Lawsuits even when the landlord was within his or her rights.

However, this is not to say or rather suggest that their are no nasty landlords out there. No. There are actually plenty nasty landlords out there who deserve to be taught good lessons by way of Justified Lawsuits so as to bring them back to their senses just as readily as there are plenty nasty tenants as well out there!

But, the bottom-line here is that as a landlord, you wouldn't want to find yourself in a situation where you're always quenching out fires here and there instead of earning money just because of a mistake you could have prevented or avoided initially had you take your time to pre-screen your tenants to be. And this does not mean that you should abuse or rather take advantage of your tenants just because you're a landlord. NO Please!

Just in case you may have a problem/s with a particular tenant or landlord, Section 5 subsection 1 of the Rent Act which is actually Chapter 206 0f the Laws of Zambia, provides either the landlord or the tenant the option of taking the matter to court so that the court can investigate the issue thoroughly and give relief to the complaining party. I hereby reproduce the said Section 5 subsection 1 of the Rent Act below:

"5. (1) In addition to any other powers specifically conferred on it by this Act, the court may investigate any complaint relating to the tenancy of premises made to it either by the landlord or a tenant of such premises".

And going hand in glove with the above quoted Section, is Section 32 of the same Rent Act which empowers the Chief Justice of the Republic of Zambia, by Statutory Instrument, to make 'Rules' of the Court known as 'The Rent Rules' and Rule Number 3 of the said Rent Rules talking about the commencement of legal proceedings against either party is hereby reproduced below as well:

Rent Rule Number 3. "A complaint or application to the court under the Act shall be commenced by an originating notice of motion. Evidence in support thereof may be on affidavit or viva voce."

The Golden Rule Of Life Therefore Is: Treat Others As You Would Like Them To Treat You. In Other Words, Do Unto Others What You'd Like Them To Do Unto You. Period. Nothing More and Nothing Less.

So, in conclusion, its my sincere hope and prayer that you've learn't, known, mastered and reminded yourself of one or more of these very common, dangerous and costly mistakes landlords make unknowingly and that you'll take remedial measures to prevent your committing them in the near future!

Or, what do you think about what you've just read above? Does it make sense to you as a landlord? And would you recommend what you've just read above to another person you know is involved in the rental business?

Well, simply write or drop your comments in the comment box below. Your comments shall be appreciated. By the way, both positive and negative comments are all welcome!

So, go right ahead and drop a comment below.

Or, simply recommend this blog post article to the people you think might be interest in this kind of information!

Until next time, go well in your own real estate investment endeavors.

NOTE: Happen To Have or Own Some Piece of Rental Property Whether Commercial or Residential And Are Experiencing Challenges and/or Problems Locating Good Paying Tenants?

Well, Tell Us About It Today Using Either The Contact Us Form or The Comment Box Below and We Should Be Able To HELP You In This Matter In Record Time At a Very Minimal and Manageable Fee As Well As Disclose To You That Little Known Secret and/or Cost Effective Way or Strategy You Can Employ or Apply Right Now GRATIS To Help You DO Some Cosmetic and/or Repair Works On Your Rental Property If You Do Not Have Enough Funds To Do That and Thus IMPROVE The Perceived Value of Your Rental Property In The Eyes of Your Prospective New Potential Tenants!!!!

59 Comments

About The Author

David Kapalu is a Real Estate Investment Consultant who happens to be a duly Registered Member of the Zambian Institute of Estate Agents, an Internet Marketing Specialist, Motivational Speaker, Public Speaker, Life Coach, Crypto-Currency Investor, Enthusiast and Trainer. He is also a Holder of a Bachelor of Laws (LLB) Degree from the Zambian Open University. He is Someone who Understands his Subject so Well and Knows How to Distil and Reduce Complex Matters into Simple to Understand Matters.
Therefore, Call/WhatsApp/Sms him right now on +260 966 388525 and contract him for one on one real estate investment advice! He also stands ready to be booked for speaking engagements as well as offer free and paid radio and television interviews with any individual or organization interested in him sharing his deep insight and understanding of real estate matters as well as offer legal advice pertaining to land rights and ownership in the Zambian Market Landscape!
STILL Want to Know More about David Kapalu? Then Click ->HERE for Details!

Josephine Banda

4/5/2015 12:18:27

This article has been very helpful to me as a (ZIEA) registered Estate Agent. The Rent Act is silent on penalties for tenants who habitually pay rent late. How much can I charge?

David Kapalu link

9/5/2015 17:41:14

Hi Josephine, thanks for your positive feedback!

Yes, the Rent Act is silent on penalties for tenants who habitually pay their rent fees late. So, what this means to you as an owner of real property which is on lease to someone else is that you're totally FREE to incorporate a 'late payment term, condition or clause' in your lease agreement you sign up with a tenant so as to prevent late payments and encourage early or on time payments.

As regards the amount you can charge per day as a late payment penalty amount, their is no fixed and/or standard charge for that. Simply charge a reasonable, acceptable and affordable late payment charge. And to make this highly binding on the tenant, make sure you do it before the tenant takes possession of your rental property and ensure that the tenant understands the implications of paying his or her rent fees late so that their are no excuses and/or surprises!

Jocelyn

24/1/2016 06:41:29

This article has made me aware of the mistakes we make and/or see people make.Now what is your advise in the following situation:Mrs J buys a house from Mr b.This house is occupied at the time and the tenant pays k1,100 per month.the tenant is a contractor and agrees with mr b.that certain months he might skip payments but make lump sum payments when he is able to.Mrs J has a problem with that old payment arrangement and she decides to give notice of evacuation from the house,30 days notice.the tenant refuses to leave but after bring persuaded,leaves.have in mind the fact that this tenant owes the Mrs j.k3,300 being rentals for 3 consecutive months.its now a year and no payments have been made.the x tenant,however lives in the same town as mrs j,the lard lady and apparently still says he will pay when he finds money.please advise.

13/6/2018 11:35:03

Hi Jocelyn,

Mrs J must consider taking the x-tenant to court in order to recover the Rent arrears not paid for. This is provided for under section 14 of the Rent Act which talks about distress for rent. This can be done with the leave of the court by applying to the court so that the court can prononce an order to enable the landlord to recover his rental fees arrears by way of charging distress for rent with consent of the court. The landlord can then use bailiffs from the sheriff's office to enforce the court order. That is how simple it is Jocelyn!

Gary

22/9/2016 09:04:29

This article is of a great help to landlords. Not mentioning everything in written contract and not preparing houses for showing are the most typical mistakes made by landlords, I think. Aslo some landlords are wrong when they think that can ignore tenants, when last ask to fix something in the house.
I found some other mistakes that property owners should be aware of on this blog https://rentberry.com/blog/typical-mistakes-landlords-make.

Donald Mulambia

29/10/2016 20:33:13

I am made to believe this articles is just enlightening landlords. What is the minimum notice to vacate a house and does the tenant pay rent during that period?

5/1/2017 16:03:29

Hi Donald, the minimum and reasonable notice to vacate should be at least not less than thirty (30) days by both parties - either tenant or landlord. However, their is nothing that can stop the parties to reduce that period of notice to vacate to say a week. It all depends on what the two parties mutually agree on as an acceptable notice period.

Coming to issues of payment of rent, rent is normally paid in advance at least thirty (30) days advance; so if a tenant wishes to vacate a particular rental property, it is presumed that he or she has exhausted his or her rental advance payment. However, if at the time of giving notice to vacate the rent is due, the tenant is mandated to pay the rent up until he or she vacates the said rental property. You cannot live in someone's rental property for free even if you have decided to vacate that particular property. You'll be required to pay for the days you continue living in the rental property until the day that you decide to ultimately vacate. Hope this has helped answer your question Donald.

Aaron

5/6/2018 15:56:21

A follow-up question to David's; If one had already signed a lease agreement stating that they need to give 3 months notice before they vacate the premises and later find out after reading the rent act that the law actually just requires them to give 30 days notice, what do they do at that point? especially if the landlord is not willing to allow the tenant give a shorter period or notice.

13/6/2018 11:09:23

Regarding Aaron's question below which states, "If one had already signed a lease agreement stating that they need to give 3 months notice before they vacate the premises and later find out after reading the rent act that the law actually just requires them to give 30 days notice, what do they do at that point? especially if the landlord is not willing to allow the tenant give a shorter period or notice?"

Well, Aaron, the point to take note of is that a lease agreement or rather a tenancy agreement is both a contract and an interest in land. A lease agreement is a contract in that it is governed by the rules and/or principles of the law of contract which essentially is about private law making between individuals intended to have legal consequences so that should one party to the contract breach the terms of the agreement, then the injured party can enforce the contract in the courts of law. As such, the parties to the agreement or contract are free to incorporate any terms and conditions into the lease agreement which both of them are comfortable with as long as the said terms and conditions are not inconsistent with the provisions of the Rent Act. Therefore, what this means is that even though the Rent Act provides that a tenant can give not less than thirty days (30) notice to the landlord in order to quit or cancel the tenancy agreement, the law still allows the parties to agree on any period of notice in which the parties are comfortable with as long as the other pertinent provisions of the Rent Act are complied with. If you critically read the section in question you'll discover that it actually allows the parties to set there own notice period failure to which the thirty (30) days notice period provided for in the Rent Act will apply by default or implication of the law.

So, Aaron, there is nothing illegal about that ninety (90) days notice period incorporated in your original tenancy contract with your landlord. As long as it was mutually agreed upon between you and your landlord without any vitiating factors such mistake which is divided into three different mistakes namely mutual mistake, common mistake and unilateral mistake; and other vitiating factors like misrepresentation; duress or undue influence. But if at the time of signing that tenancy agreement, your landlord induced you into signing it without you properly understanding the terms therein, then this agreement can be avoided by you as long you can prove to the court the presence of any one of the vitiating factors mentioned above.

So, Aaron, for your own convenience I have reproduced section 23 of the Rent Act below verbatim for easy of reference. Read below:

"23. (1) A tenant who, under the provisions of this Act, retains possession of any premises shall, so long as he retains possession, observe and be entitled to the benefit of all the terms and conditions of the original contract of tenancy, as far as the same are consistent with the provisions of this Act, and shall be entitled to give up possession of the premises only on giving such notice as would have been required under the original contract of tenancy, or, if no notice would have been so required, then, notwithstanding any provisions to the contrary in any law in force, on giving not less than one month's notice:

Provided that, notwithstanding anything in the contract of tenancy, a landlord who obtains an order for the recovery of possession of any premises or for the ejectment of a tenant retaining possession as aforesaid shall not be required to give any notice to quit to the tenant"

maureen

28/2/2017 01:30:05

My v read and understood this. My question is bearly a month old in the house you are renting the landload tells you the house is on sale so you v to start looking for a place, then you ask the landload are you ready to refund me they say not at the moment and you are given a month notice they expect you to find money to pay for the other place that requires you to pay three months with security, in such situation that 1month notice from the landload do they need to charge you rent cause they v put you at a bed state whats does the law say about that. Thank you

5/6/2018 15:54:40

13/6/2018 11:53:44

Hi Maureen,

Please read my response and comment to Donald Mulambia as your question appears to be similar to his question. The only unfortunate thing is that you will have to experience the inconvenience of having to look for another rental property else- where as well as look for more money to enable You pay for that other rental property. All you can do is simply plead with the concerned landlord to give you enough time to organize yourself financially since it is as a result of his act that has caused you that problem.

Vivian

24/10/2017 12:03:45

How often can one increase rentals? Do I need to always add value to the house before increasing rentals?

13/6/2018 01:51:47

Hi Vivian,

The circumstances regarding how often you may increase rental fees are provided for under the Rent Act, Chapter 206 of the Laws of Zambia, particularly section 11.

I have reproduced that section verbatim here for your own convenience. See below:

"1) A landlord may, by notice in writing to the tenant, increase the standard rent of any premises, that is to say-

(a) in the case of premises upon which the rates payable by the landlord have increased since the prescribed date-

(i) by the amount of such increase, where the premises were let on or before the prescribed date; and

(ii) by the amount of the increase in rates payable by the landlord since the premises were let, where they were let after the prescribed date;

(b) in any case where the landlord has, since the prescribed date, incurred expenditure on the improvement or structural alteration of premises (excluding expenditure on redecoration or repair, whether structural repair or not) or in connection with the installation or improvement of a drainage or sewerage system or the construction or making good of a street or road executed by or at the instance of a local authority, by an amount calculated at a rate per annum not exceeding fifteen per centum of the expenditure so incurred.

(2) The permitted increase of the standard rent of any premises under paragraph (a) or (b) of subsection (1) shall attach to the premises and the landlord shall not be required to serve a fresh notice on any subsequent tenant to claim such increase.

(3) Save as provided in subsections (1) and (2), any transfer to the tenant of any burden or liability previously borne by the landlord shall, for the purposes of this Act, be treated as an alteration of the standard rent, and where, as a result of any such transfer, the terms on which any premises are held are on the whole less favourable to the tenant than the previous terms, the standard rent shall be deemed to be increased, whether or not the sum periodically payable by way of standard rent is increased; but any increase of the standard rent in respect of any transfer to a landlord of any burden or liability previously borne by the tenant, where, as a result of any such transfer, the terms on which any premises are held are on the whole, not less favourable to the tenant than the previous terms, shall be deemed not to be an increase of the standard rent for the purposes of this Act:

Provided that the standard rent shall not be deemed to be increased where the liability for rates is transferred from the landlord to the tenant if a corresponding reduction is made in the standard rent.".

Should you happen to have any other questions regarding this same issue, then please do not hesitate to get back to me.

Himalambo Sianyaka

18/4/2018 08:03:57

Is it legal to charge security deposit and what be done if your landlord doesn't pay it back

13/6/2018 01:18:17

Hi Himalambo, my regrets for responding to your question quite late. This was due to my very busy schedule. However, it's better to respond late than never responding at all.

Regarding your question, "Is it legal to charge security deposit and what can be done if your landlord doesn't pay it back?".

Well, Himalambo, legally speaking, it is unlawful to charge security deposits when it comes to residential rental property. The current practice is that most landlords are in the habit of charging and requiring security deposits to be paid to them but the real cold truth is that the current law which is The Rent Act, Chapter 206 of the Laws of Zambia currently prohibits charging and/or accepting any premiums such as security deposits and that if found wanting, a landlord risks being fined four thousand penalty units or being imprisoned for a period of not more than twelve (12) months or to both a fine and imprisonment if found guilty by a court of law. Moreover, the law also requires the said landlord to pay back the said monies in question to the tenant. Where a landlord fails to pay back this money, you are totally free to go back to court and seek the court's intervention in this matter so as to enforce the same and get back your money. The relevant law in point is section 10 and 15 of the Rent Act which provides as follows:

Section 10, "Where, after the commencement of this Act, the landlord of any premises, or any agent, clerk or other person employed by him, demands or accepts any rent in respect of such premises which exceeds the standard rent thereof by more than any amount per-mitted under this Act, or demands or accepts an advance of rent exceeding two months' standard rent, then, without prejudice to any other remedy under this Act, such landlord, agent, clerk or other person shall be guilty of an offence and liable to a fine not exceeding four thousand penalty units or to imprisonment for a term not exceeding twelve months, or to both; and the court by which he is convicted may order that any rent or advance so accepted, in so far as it exceeds the amount permitted under this Act, shall be repaid by the landlord to the tenant"

Section 15 subsection (1) provides, "No person shall, as a condition of the grant, assignment, renewal or continuance of a tenancy, lease, sublease, subletting or occupation of any premises, require the payment of or take any fine or premium or other like sum, or any pecuniary consideration, in addition to the standard rent; and where any such payment or consideration has been made or given in respect of any premises under an agreement made after the prescribed date, the amount or value thereof shall be recoverable by the person who made such payment or gave such consideration"

Subsection (2) of Section 15 further States, "Any person who requires or takes any payment or consideration in contravention of this section shall be guilty of an offence and liable on conviction to a fine not exceeding four thousand penalty units or to imprisonment for a term not exceeding twelve months, or to both"

And subsection (3) provides thus, "This section shall not apply to the grant, assignment, renewal or continuance of a tenancy for a term exceeding twenty-one years".

So, Himalambo, from the above quotation, it is very clear that the payment of any premiums such as security deposits to a landlord is unlawful. And that should you find yourself in such a situation, then you are totally free to institute legal proceedings against a landlord who contravenes the provisions of the Rent Act as it stands today.

I should also mention here that the Rent Act in its current form is quite outdated and does not reflect a true position regarding what is happening in real life and actual practice. It needs review in order to align it with current trends obtaining in society. But be that as it may, it is still a legally binding and enforceable law affecting you and me whether good or bad. It still stands as law regulating residential rental property until it has been reviewed and updated to suit the current happenings in society.

Mathew

17/6/2018 23:49:09

Hi David
Ironically ,your response on the illegality of charging Security Deposit by the Landlord is in conflict with item 14 and 15 of your Tenancy Agreement Template available as a free download and i quote "
14. Tenant agrees to pay a Security Deposit of K______________ to bind Tenant's pledge of full compliance with the terms of this agreement. NOTE: SECURITY DEPOSIT MAY NOT BE USED TO PAY RENT! Any damages not previously reported as required in paragraph 23, will be repaired at Tenant's expense.
15. Release of the SECURITY DEPOSIT, at the Option of the Landlord is subject to the provisions below :
A. The full term of the Agreement has been completed.
B. No damage to the premises, buildings, grounds is evident.
C. The entire ____ bed roomed dwelling house, appliances, closets, all windows are to be clean inside and outside, all debris and rubbish have been removed from the property.
D. All unpaid charges have been paid including late charges, visitor charges if any, pet charges, delinquent rents, etc.
E. All keys have been returned.
F. A forwarding address for Tenant has been left with the Landlord. Within ___________ days after termination of the occupancy, the Landlord will mail the balance of the deposit to the address provided by Tenant in the names of all signatories hereto; or at the Option of the Landlord will impose a claim on the deposit and so notify the Tenant. "
end quote

Please shed some light on this or should we completely remove this from the agreement.

Regards

18/6/2018 11:55:16

Hi Mathew,

As you've rightly put it, the Tenancy Agreement on the Website is a template or example agreement and therefore it is for guidance purposes ONLY and not to be taken as it is as a whole. Not everything showing in the template tenancy agreement need to be included in the tenancy agreement you sign with your prospective tenants. In other countries like The United States of America, it is legal to charge security deposits but not here in Zambia. Therefore, what you need to do is simply to edit that part or clause which is talking about security deposits and remove it from the template tenancy agreement and produce one which both you and your prospective tenant are comfortable with. That template tenancy agreement is in microsoft word and therefore is very easy to edit. Until charging security deposit is legalised in Zambia, you may not incorporate such a clause in the cleaned up tenancy agreement you enter into with a prospective tenant for now.

Hope this answers your question Mathew.

Jacqueline

30/8/2018 12:19:14

Hi David,

According to the laws of Zambia, is it also not permitted to charge a security deposit for commercial premises or does it only apply to residential premises? Thanks in advance for your response.

Kazembe

1/9/2018 09:53:21

South Africa does charge securith deposit too

1/9/2018 09:55:22

David may God bless you abundantly for the work you did on the blog.

1/9/2018 20:48:08

Hi Jacqueline, it is permissible to charge security deposits when it comes to business premises. The law namely "The Landlord and Tenant (Business Premises) Act, Chapter 193 of the Laws of Zambia is very silent on charging of security deposits and therefore by implication it is permissible to charge security deposits by a landlord of such premises. Whereas the Rent Act, Chapter 206 of the Laws of Zambia expressly provides and prohibits the charging of security deposits in section 15 of the same Act.

kennedy

8/9/2018 16:05:44

Dear David, Thanks for the tenancy agreement template you have provided.

Noble imports and supplies

3/12/2018 17:16:19

Good guidance

Nicki

21/12/2018 03:41:48

Do I have a legal obligation to give my tenants first option to buy the residential house, if I am selling the property they are currently renting from me? Thanks for your great blog - the information is excellent.

10/1/2019 11:29:20

Hi Nicki, You do not have a legal obligation to give your current tenants occupying your property the first option to buy your residential property or indeed any kind of real property. However, it is a courteous and a good landlord and tenant relationship practice to first of all inform your tenants that you are selĺing the property in question and that if the tenant happens to like the property, to let the tenant know that if it's within his or her means, to buy it if such a tenant wants to buy it that is. Its always important to do that first before offering the property to some one else. By doing so, You might discover that the tenant actually has the capacity to buy your property. Moreover, it also shows that You value them so much. And if the tenant happens not to have the capacity to buy it, then at least you would have shown that you did care by offering the property to the sitting tenant first before offering it to someone else. This gesture also helps eliminate any negative resistance that might pop up from the tenant when trying to show the property to would be interested buyers in the long run. But the bottom line is that you are not under any legal obligation whatsoever to give your current tenants a first option to buy your property especially when it comes to private property as opposed to public property owned by say a local authority or government. It is just a matter of courtesy and good landlord and tenant relationship practice. Hope this answers your question Nicki.

ROBERT CHIWALA

10/1/2019 06:00:54

Very insightful.
Great blog.

I will recommend your site to friends (there are hundreds of ''ill-informed'' people like ME who need to enlist your services !!!

QUESTION :
- Is there an Act that regulates the rights and obligations of tenants living in flats on one enclosed property renting from one landlord.

- And if so, can the individual ''flats'' be compiled to collectively contribute to common expenses such as garbage collection, general garden worker, gate security guard, general security expenses like the light bulbs on the perimeter wall-fence, have and compile an agreed arrangement on parking spaces .....etc

- Can the majority number of ''flats'' take recourse by law to have an undesirable ''flat tenant'' be legally warned of bad behavior unbecoming ??

Best regards -
Robert

8/7/2019 22:50:52

Hi Robert, my regrets for responding to your questions quite late. This was due to my quite busy schedule. However, it's better to respond late than never responding at all.

Now, coming to your questions:

Yes, there are some Acts of Parliament which regulate the rights and obligations of tenants living in flats on one enclosed property rented from one landlord.

The Acts in question are the Rent Act, Chapter 206 and the Common Leasehold Schemes Act, Chapter 208 of the Laws of Zambia respectively.

Regarding the individual ''flat tenants'' being compelled to collectively contribute to the common expenses such as garbage collection, general garden workers, gate security guard, general security expenses like light bulbs on the perimeter wall-fence as well as having an arrangement on parking spaces .....etc, this is what the landlord should have done in the first place by incorporating such terms and conditions into each and every flat tenant's lease agreement prior to occupying each of the flats in question as this would have made it easier to ensure compliance from the onset.

Regarding the majority number of ''flat tenants'' taking recourse by law to have an undesirable ''flat tenant'' be legally warned of bad behavior unbecoming, yes, the majority flat tenants may have the right to take recourse via a law suit if and when one flat tenant conducts himself or herself in an undesirable manner such as committing a nuisance to the disturbance and annoyance of the other flat tenants e.g. such as playing loud music at awkward hours to the disturbance and annoyance of other flat tenants, then the affected flat tenants may be at liberty to take legal action against the other eŕring flat tenant. The authority for such a course of action is supported by the previously
decided Zambian court case of National Hotels Development Corporation T/A Fairview Hotels V. Ibrahim Motala [2002] ZR 39 (SC) which is a case on nuisance pertaining to the playing of loud music by an occupier of land to the annoyance of others. The court in this case decided in favour of the complainant by restricting the other party to play music at reasonable volume levels so as not to disturb and annoy other occupiers of land in their enjoyment of their land rights!

Again, this is a matter that has to be taken care of in advance by a landlord of demised or rented premises prior to leasing out the premises to any tenant to be by incorporating such terms and conditions or rent rules, by-laws or regulations which restrict bad behaviour or conduct and encourage reasonable and acceptable conduct on the part of each and every tenant occupying premises situated on one enclosed property and rented from one landlord.

For instance, section 12 of the Common Leasehold Schemes Act provides as follows:

"Where a by-law under a common leasehold scheme places restrictions on the manner of use or enjoyment of units or of the common property, and the occupier or a unit fails to comply with the by-law, the body corporate shall have power to enforce the by-law directly against the occupier as if he were the unit holder".

Zhandra

11/1/2019 11:01:13

Thanks for the info it's really helpful
I have a lawyer tenant occupying my house and using it as a law firm how do I evict her for failure to pay rentals in time
The agreement is three months in advance but she makes part payments after 5 or more months

13/7/2019 11:16:54

Hi Zhandra,

The manner or rather the legal procedure in which you may evict or eject that lawyer tenant of yours will depend to a larger extent on the law applicable to the tenancy agreement you had initially entered into and signed between you and the lawyer tenant in question. If the terms and conditions of your tenancy agreement between you and your lawyer tenant were drafted in line with the provisions of the Rent Act, Chapter 206 of the Laws of Zambia which deals exclusively with residential rental properties, then the procedure and provisions to be followed when it comes to eviction of a tenant especially with regard to default in terms of payment of rental fees shall be those provided for under this very law (Rent Act) particularly section 13 (a) which provides as follows:

"No order for the recovery of possession of any premises or for the ejectment of a tenant therefrom shall be made unless - (a) some rent lawfully due from the tenant has not been paid, or some other obligation of the tenancy (whether under a contract of tenancy or under this Act) so far as the same is consistent with the provisions of this Act, has been broken or not performed....."

Therefore, as it can graphically be seen from the above quoted portion of the law, if the terms and conditions of your tenancy agreement between you and your lawyer tenant were drafted in line with the provisions of the Rent Act, Chapter 206 of the Laws of Zambia which deals exclusively with residential rental properties, then the procedure and provisions to be followed when it comes to eviction of a tenant especially with regard to default in terms of payment of rental fees shall be those provided for under this very law (Rent Act).

Conversely, where the terms and conditions of your tenancy agreement between you and your lawyer tenant were drafted in line with the provisions of the Landlord and Tenant (Business Premises) Act, Chapter 193 of the Laws of Zambia which deals exclusively with the renting or renting out of business rental properties, then the procedure and provisions to be followed when it comes to eviction of a tenant especially with regard to default in terms of payment of rental fees shall be those provided for under this very law particularly section 5 (1) which provides as follows:

"5 (1). The landlord may terminate a tenancy to which this Act applies by a notice given to the tenant in the prescribed form specifying the date on which the tenancy is to come to an end (hereinafter referred to as 'the date of termination')."

And section 11 of the Landlord and Tenant (Business Premises) Act, provides the grounds or reasons under which a landlord may give in opposition to a tenants refusal to vacate his or her rented business premises particularly section 11 (b) which provides as follows:

"that a tenant ought not to be granted a new tenancy in view of his persistent delay in paying rent which has become due."

It must be stressed here that when it comes to the renting or renting out of business rental properties, the procedures and provisions of the Landlord and Tenant (Business Premises) Act, Chapter 193 of the Laws of Zambia, must STRICTLY be followed and adhered to failure to which the aggrieved party may be allowed by the court of law to appeal on a technicality for non-strict compliance with the procedure and provisions of the Landlord and Tenant (Business Premises( Act!

So, as earlier on alluded to above, the manner or rather the legal procedure in which you may evict or eject that lawyer tenant of yours will depend to a larger extent on the law applicable to the tenancy agreement you had initially entered into and signed between you and the lawyer tenant in question.

However, Zhandra, the above advice is just summary advice and there is a lot more to this than what has been provided herein and therefore should you require more clarification and detailed one on one consultation via phone or in person on this subject matter, then I'm totally available but of course at a reasonable consultation fee as I happen to be a very busy person indeed and that it is only fair that I charge for such detailed personalized one on one consultation service.

Stay blessed and talk to you soon.

ALISTAIR

6/7/2019 09:54:38

Can you please assist
I am a tenant in Lusaka
We entered a lease agreement fixed in Zambian Kwacha
Have just received notice that the Landlord is changing the existing lease premium from Kwacha to USD
Is this legally permissible?
Your assistance would be appreciated

13/7/2019 14:03:11

Hi Alistair,

The quoting, charging and/or paying of goods and services in foreign currency in the Republic of Zambia seems to be a prohibited matter as the local Zambian law stands today - unless otherwise stated or subsequently amended. The law in particular which expressly provides for this is section 4 (1) and (2) of Statutory Instrument Number 33 of 2012 which is cited as “The Bank of Zambia (Currency) Regulations, 2012”, and provides as follows:

“4(1). A person shall not quote, pay or demand to be paid or receive foreign currency as legal tender for goods, services or any other domestic transaction.”

“4(2). Any contract, agreement, sale, payment, bill, note, instrument or security for money and any transaction, dealing for money or the payment of, or the liability to pay, any money, existing on the date of commencement of these Regulations, and which is to be executed or discharged in the Republic, shall be deemed to be a reference to the corresponding amount of money expressed in terms of the kwacha and calculated at the commercial bank prevailing spot selling rate.”

Therefore, Alistair, from the above quoted portion of the Zambian Statutory Instrument, it graphically means that a landlord may not quote, charge and/or demand to be paid or receive payment in foreign currency for goods and services supplied in the Republic of Zambia as it stands today unless this law is subsequently changed in due course!

So, Alistair, I hope this helps answer your question and should you need more clarification and detailed one on one consultation via phone or in person on this subject matter, then I'm totally available but of course at a reasonable consultation fee as I happen to be a very busy person indeed and that it is only fair that I charge for such detailed personalized one on one consultation service.

Stay blessed and good luck!!!!!!

J. Phiri

8/7/2019 13:43:45

Hello David, Thank you for your insight and feedback on the minefield that is rental properties, etc! Please help if you are able to: we have been renting a commercial property whose lease expired some months ago. We have been struggling to pay the monthly rentals due to financial constraints and therefore decided to vacate the property with a view of finding something cheaper (which we did). We gave a month's - 30 days - notice to vacate. (The original and now expired lease agreement stipulated that 6 months notice should be given to the landlord.) The landlord has cited that clause and threatened to use his lawyer to demand for rentals for that six month period should we go ahead an vacate after the 30 day notice which we gave to them. As far as we know, once a lease expires and is not renewed (in this instance, they must have forgotten about the expiry because they never approached as to renew), then the tacit agreement is now on a month by month basis. Are they within their rights to demand 6 months rentals or are we within the ambits of the law to vacate within 30 days with no ramifications? Thank you

13/7/2019 16:18:21

Hi J. Phiri,

Whether you are renting residential rental properties or business premises, the terms and conditions of your tenancy agreement are binding and enforceable by the courts of law as long as they are not inconsistent with the provisions of the relevant law in question. So, if you were renting business premises for instance, you are mandated by the law in this case the Landlord and Tenant (Business Premises) Act, Chapter 193 of the Laws of Zambia, particularly section 6 subsections 1 to 6 which provides as follows:

“(1) A tenant's request for a new tenancy may be made where the tenancy under which he holds for the time being (hereinafter referred to as "the current tenancy") is a tenancy granted for a term of years certain and thereafter from year to year.

(2) A tenant's request for a new tenancy shall be for a tenancy beginning with such date, not more than twelve nor less than six months after the making of the request, as may be specified therein:
Provided that such date shall not be earlier than the date on which, apart from the provisions of this Act, the current tenancy would come to an end by effluxion of time or could be brought to an end by notice to quit given by the tenant.

(3) A tenant's request for a new tenancy shall not have effect unless it is made by notice in the prescribed form given to the landlord and sets out the tenant's proposals as to the property to be comprised in the new tenancy (being either the whole or part of the property comprised in the current tenancy), as to the rent to be payable under a new tenancy and as to the other terms of the new tenancy.

(4) A tenant's request for a new tenancy shall not be made if the landlord has already given notice under section five to terminate the current tenancy, or if the tenant has already given notice to quit or notice under section eight; and no such notice shall be given by the landlord or the tenant after the making by the tenant of a request for a new tenancy.

(5) Where the tenant makes a request for a new tenancy in accordance with the foregoing provisions of this section the current tenancy shall, subject to the provisions of subsection (2) of section eighteen and section twenty-three as to the interim continuation of tenancies, terminate immediately before the date specified in the request for the beginning of the new tenancy.

(6) Within two months of the making of a tenant's request for a new tenancy, the landlord may give notice to the tenant that he will oppose an application to the court for the grant of a new tenancy, and any such notice shall state on which of the grounds mentioned in section eleven the landlord will oppose the application.”

Therefore, J. Phiri, what this entails is that where your tenancy comes to an end, you are mandated and obliged by this very law at your own instance and initiative to request for a new tenancy under section 6 of this very Act regardless of whether the landlord forgot to renew the tenancy or not or where appropriate to apply to the court for a new tenancy under section 4 (a) of the same Act where the landlord has already given you written notice under section 5 to terminate the tenancy. What you need to know is that there is a legal difference between a request for a new tenancy and an application for a new tenancy made to the court. You are only allowed to request for a new tenancy from the landlord where the landlord hasn’t already given you written notice as a tenant. But where the landlord has already given you written notice to quit or vacate his or her rental business premises, then this is where an application to the court for a new tenancy comes into play.

This issue of the legal difference between a request for a new tenancy from the landlord and an application for a new tenancy to the court was well elaborated in the Zambian Court Case of Minos Panel Beaters Limited v Chapasuka (S.C.Z. Judgment No. 1 of 1986) [1986] ZMSC 9 (10 March 1986).

The brief facts of this case were that the appellant was for a long time a tenant of the respondent's business premises. The tenancy agreement being for a monthly tenancy. The landlord served a written notice to quit to the tenant. The appellant applied to the High Court for a grant of new tenancy. The High Court refused the grant on the grounds that the tenancy, was not for a term of years certain, and that the tenant having been served with a notice to quit, had no right to apply for a new tenancy.

Held on appeal by the Supreme Court of the Republic of Zambia that:

(i). A monthly tenancy is a tenancy for a term of years certain;

(ii). That Section 4 of the Landlord and Tenant (Business Premises) Act specifically provides that a tenant who has been served with a notice to quit may apply to the court for a new tenancy. Section 6 does not refer to such a case.

Therefore, J. Phiri, whether the landlord forgot to renew the tenancy or not, you were also still under an obligation by the law and of cours

David link

13/7/2019 16:55:42

Therefore, J. Phiri, whether the landlord forgot to renew the tenancy or not, you were also still under an obligation by the law and of course at your own instance and initiative to request for a new tenancy under the provisions of section 6 of the Landlord and Tenant (Business Premises) Act, Chapter 193 of the Laws of Zambia if you were renting business premises from the said landlord in question that is. You didn’t have to wait until the last minute or until you were unable to pay the rental fees!

So, J. Phiri, I hope this helped answer your question and should you need more clarification and detailed one on one consultation via phone or in person on this subject matter, then I'm totally available but of course at a reasonable consultation fee as I happen to be a very busy person indeed and that it is only fair that I charge for such detailed personalized one on one consultation service.

Until next time, stay blessed and good luck!!!!!

Doreen

8/7/2019 21:10:30

Hello David, how does the law protect landlords whose property has been damaged by tenants since security deposit is illegal?

9/7/2019 03:34:04

Hi Doreen,

There are various ways in which a landlord's property can be protected from damage by tenants. And one of these ways is simply to charge security deposits.

However, in the Republic of Zambia, it is currently illegal to charge any premiums in the form of security deposits especially when it comes to residential rental properties. The law in issue is section 15 (1) of the Rent Act, Chapter 206 of the laws of Zambia which provides as follows:

“No person shall, as a condition of the grant, assignment, renewal or continuance of a tenancy, lease, sublease, subletting or occupation of any premises, require the payment of or take any fine or premium or other like sum, or any pecuniary consideration, in addition to the standard rent; and where any such payment or consideration has been made or given in respect of any premises under an agreement made after the prescribed date, the amount or value thereof shall be recoverable by the person who made such payment or gave such consideration”

But as for commercial properties, the law is silent on this issue and therefore by implication it is permissible to charge premiums like security deposits and/or any late payment charges by a tenant to a landlord.

So, how does the law protect landlords whose residential rental property has been damaged by tenants?

Well, the law protects a landlord's residential rental property from damage by tenants in various other ways such as via:

1. Registering a formal complaint to the court.

This is provided for under sections 4 and 5 of the Rent Act and is quite detailed and lengthy and therefore cannot be reproduced herein due to that fact. So, you are highly encouraged to check out sections 4 and 5 of the Rent Act and read it for yourself; and

2. Via ejectment of the tenant from the demised premises due to violation of the material terms and conditions of the lease agreement regarding the keeping of the premises in good condition and thus claim for liquidated damages commersurate with the extent of damage caused on the demised premises including any other remedies or orders the court might deem fit to grant to the affected landlord in question.

Therefore, Doreen, in summary, this is the protection offered by the law to a landlord against damage to the demised premises.

However, should you require detailed one on one consultation via phone or in person on this subject matter, then I'm totally available but of course at a reasonable consultation fee as I happen to be a very busy person indeed and that it is only fair that I charge for such a personalized one on one consultation service.

Stay blessed and talk to you soon.

9/7/2019 15:10:55

Hello David, I will gladly get in touch. Kindly give me your number or you can whatsaap me on 0976-517558.

Jane Mwansa

7/9/2019 08:48:19

Your blog is quite educative and thanks. What happens when a tenant terminates a lease of a fixed term of one year withing 5 months of occupancy and without giving the required notice period. Secondly the tenant does not adhere to the contract terms which specifies the premises should be left in pre-occupancy condition i.e. cleaned walls, floors and windows, etc and no damages and on top of that the tenant is demanding for the 'security deposit' which he has forfeited as per clause in the signed agreement . I have refused to take possession of the property until it cleaned and have communicated to tenant that a daily fee will be levied until complete handover Tenant has referred matter to his lawyer. Tenants lawyer advises me to use security deposit for the maintenance because if matter goes to court according to him I will lose out because the signed lease between the tenant and I is not binding as it was not 'lodged' lodged to who. What does the law say when a tenant terminates a fixed term lease before expiry and the termination has not been caused by landlord defaulting on the agreed terms. Please advise.

Patrick

23/10/2019 10:21:51

I have seen some landlords lock out a tenant, barring them from entering the property if rent is overdue. They say it is allowed by law enter the premise and lock out or change the locks on the tenant until payment is made. Is this really true? Can a landlord also get tenant's property as collateral for unpaid dues?

Trevor

30/12/2019 08:30:25

An interesting question. I will also be waiting for David to answer this one.

Is it legal for a landlord to lock out a tenant because of rental arrears and what legal recourse does the tenant have?

Maybe also give clarification on repossession of a rented property by the landlord in the event of rental arrears, what does the law say, it seems silent on that. After how many months of arrears must the landlord repossess his property and what is the procedure?

Ikafa musilizo

9/1/2020 09:45:16

Am interested in this response I have 2 brothers who really need help

ECS

24/10/2019 17:41:46

Hi David,

A very insightful article indeed.

Now, in the case that as a tenant you entered into a monthly tenancy agreement with your landlord and the landlord decides to give a 30 day or less notice to vacate the house with the view of turning that house into a boarding house. This is in view of the fact that you had indicated to the landlord at inception of your desire to stay in the house for let's say until early 2020.

Is it possible to demand for an extension of such a notice to up to 3 months in order to enable that tenant look for another house and finish what they are doing?

In other words, can a landlord simply wake up any day and decide to give notice of eviction even if such a tenant has only stayed into that house for not more than 4 months?

Elvis Singoma link

26/11/2019 08:16:46

Hi David,

What happens if the Landlord did not provide any Rental Agreement? You rent the a residential property, you start paying nicely for a year then later on things go bad you fail to pay for about 5 months. You ask for a period of time to pay then the Landlord refuses to give you time and threatens to lock the house and confiscate your furniture using Bailiffs, how possible is that?

Michael

30/11/2019 07:14:22

Great work David, most helpful

1/12/2019 18:12:09

Thank You Michael! Really appreciate your kind feedback!

Samson

3/3/2020 23:36:34

This is great work you are doing, I have learnt a lot thanks

Mapalo Francis

15/4/2020 08:30:05

Your article is really helpful and I have learnt a lot... Though I have 1 problem. My dad retired and relocated to his village. He left 3 houses in our care as our source of support. We live in one and the other two are on rent. One of the houses is in a rural area and almost all tenants who are there are stubborn don't pay and run away from the house after maybe 4 months of not paying. And times when my father comes to visit and we pass through the house he is linient on them and tolerates their lack of seriousness though it is us who depend on the finances. May I as the child be responsible for the agreement forms and literally take up the landlord duty cause I face disrespect cause the tenants are used to my father's liniency.

Emmanuel Musonda

15/4/2020 11:08:57

My landlord after two weeks overdue of residential rent come and said you should vacant the house by tomorrow where ever you go I don't care you are over due
Is it legal to do this and I promised the landlord to say I can only shift by month-end since you don't want me but I have to pay you off the rental amount for this month but she is refusing and at first the agreement was when leaving I notify her two months before and leave the house painted and if they are any damages I repair
The landlord said she doesn't care about the damages painting or any other bills such as water not paid for what she wants is me leaving the house within 48 hrs
Is this legal

12/7/2020 11:39:54

Hi Emmanuel Musonda, it is not lawful for a landlord to evict a tenant contrary to the terms and conditions of the tenancy agreement whether verbal or written. A landlord can only evict a tenant at short notice after immediately obtaining an eviction order from the court. Where a landlord decides to evict a tenant contrary to the terms and conditions of the tenancy agreement or rather contrary to the provisions of the Rent Act, Chapter 206 of the Laws of Zambia, then such a landlord commits an offence and could be liable to pay damages to the tenant or be ordered by the court to pay either a fine or risks being imprisoned for a period of six months if found guilty by the court - per section 13(8) of the Rent Act.

Justin

2/7/2020 09:54:03

If a landlord terminates the lease agreement and gives a tenant 2 months notice to vacate the premises, is the tenant supposed to pay rentals for the 2 months?
N.B Landlord has been given security deposit fee.

12/7/2020 10:45:33

Hi Justin, where notice has been given by the landlord in line with the terms and conditions of the tenancy agreement, a tenant is mandated to pay rental fees for that period until he or she finally vacates the demised premises. However, the landlord in giving notice to a tenant to vacate his or her rented premises may decide to excuse the tenant to pay any rental fees during the period of the notice if he or she wishes to do that. The Landlord may do this for the sole purpose of wanting to get rid of a bad tenant so as to expedite the whole process of ejectment. And where security deposit was paid, the landlord may also decide to channel and apply this security deposit towards the payment of rental fees if there are no damages to the rented property at the time a tenant vacates. Hope this answers your question Justin.

Mutale

2/7/2020 21:42:53

I need clarity on the date for payment of rentals. If you occupy a house say on the 5th,when is the next date for paying rentals?is it supposed to be every 5th or its the beginning of the month of the next payment

Christopher Sakala link

12/7/2020 05:02:51

Dear Mutale
The date for rental payment clearily stated in the lease agreement. If that is a monthly payment payment should be made before or on the actual agreed date.meaning 5th or before.

12/7/2020 10:07:20

Hi Mutale, sorry my late response. This is due to my highly busy schedule. However, as regards the answer to your question, take note of Christopher Sakala's comment. What he has submitted is the correct position. Also, the date for payment of rentals will also depend on what you and the landlord have mutually agreed upon regardless of the date you may have paid your rental fees at the start of your tenant-landlord relationship.

Geena

23/7/2020 07:39:46

Hello,
In a case of an industrial property,is it legal to increase the rentals before the end of a lease?

23/7/2020 09:10:58

Hi Greena, yes it is legal to increase the rental fees for an industrial property as long as you comply with the notice requirements regarding the same subject matter. However, if a tenant is aggrieved by such a move, then he or she will be at liberty to appy to the court for a review of the same so as for the court to help balance the interests of both parties. This is in line with section 28 of the Landlord and Tenant (Busines Premises) Act, Chapter 193 of the Laws of Zambia if your industrial property happens to be located in the Republic of Zambia that is.

Hope this abswers your question Greena.

Mutanga

4/10/2020 22:03:45

Hello.
Can the payment currency of a running rental lease be changed three months into lease, considering that a 3 year lease has been signed? What are the options for both parties?

DENNIS MWENDA

19/4/2022 11:34:05

Hello David,
Thank you for your insight in such matters.
I notified my landlady in February after paying rentals that before the 10 of March we will vacate the house. We vacated the house on the 9th. Now she told me to paint the house and repair some things that needed my attention so as to leave it in repair like i found it . So i painted and made good the house from the 12th of March to about 1st April. Now,she is claiming that i pay for rentals for the month of March which i never occupied the house but i was painting her house and making good. I spent close to K3500 just on painting yet she claims rentals of K2300 for March. I need your advice.