Rental lease in Togo: rights, security deposit and notice

In Togo, residential leases in Greater Lomé are governed by Decree No. 2022-001/PR of 5 January 2022. This decree mandates a written contract, caps the security deposit and rent guarantee at three months' rent each, and sets a two-month notice period for open-ended leases. It supplements the general rules on the lease of things under the Togolese Civil Code to protect both tenants and landlords.

Written lease and mandatory content

The decree makes the residential lease contract a written document (Article 10). It may be executed as a private deed or a notarized deed and must be registered with the tax administration (Article 11). The parties must use the standard contract template issued by the ministry in charge of housing in Togo (Article 31). This template, presented in July 2022, contains, according to available information, seventeen mandatory articles. The move-in inventory is drawn up jointly by the parties, costs split equally, and annexed to the contract. In the absence of an inventory, the premises are deemed to have been handed over in good condition.

Several clauses are prohibited in Togo (Article 13): exoneration of the landlord's liability, banning the tenant from hosting relatives, and automatic liability of the tenant for damage. The contract must identify the parties, describe the property precisely, state the rent, term, charges, and repair allocation. If you use a real estate professional in Togo to draft the lease, the fees are split equally between landlord and tenant (Article 12).

Security deposit and rent guarantee: legal caps

The decree distinguishes between two sums. The security deposit covers damage found at the end of the lease. The rent guarantee mainly covers the tenant's notice-period months and, incidentally, months when the tenant experiences difficulty paying rent. Each is capped at three months' rent (Articles 4 and 8). In total, the landlord cannot demand more than six months' rent upon move-in.

The landlord must return the deposit within one month of handing back the keys (Article 6). If the sum is withheld beyond this period, interest at the legal rate accrues in the tenant's favor. The deposit does not bear interest before this deadline. The landlord may only deduct justified water and electricity bills, emptying costs for septic tanks, and repairs attributable to the tenant.

If the tenant draws on the rent guarantee, they must replenish it in full. Otherwise, the landlord may initiate termination proceedings after one month of non-payment (Article 23). The tenant may also replace these deposits with an insurance policy or bank guarantee (Articles 4 and 9). Any landlord who demands sums above the caps faces a fine equal to double the illicit excess (Article 32). Sums unduly collected must also be refunded.

Obligations of the parties

In Togo, the landlord must carry out major repairs: main walls, retaining and boundary walls, vaults, beams, roofs, septic tanks, and soak pits (Articles 15 to 18). They must also refrain from disturbing the tenant's peaceful enjoyment and put a stop to any such disturbances. If the landlord neglects this work, the tenant may, with court authorization, have it carried out at the landlord's expense and claim reimbursement of the amount set by the court.

In Togo, the tenant must pay rent every month, including during the notice or termination period (Article 19). They bear routine maintenance and tenant repairs (Article 20), as well as damage they cause (Article 21). They may not carry out alteration work without the landlord's written consent (Article 22). If you are looking for a home in Lomé, browse apartments for rent or villas for rent on Imonga.

Notice, term, and termination

In Togo, the lease may be for a fixed or open-ended term. If fixed, it renews tacitly unless expressly terminated two months before expiry. For open-ended leases, both landlord and tenant must give two months' written notice (Article 26). This period protects both sides. Repossession for family or professional reasons follows the same rule (Article 29).

In case of arrears, the procedure differs according to the contract form. Under a private deed, the landlord must go to court one month after payment ceases if the rent guarantee is not replenished (Articles 23 and 24). For a notarized lease with a resolutory clause, a fifteen-day demand for payment is sufficient before termination (Article 25). In all cases, only a court decision or enforceable title permits eviction.

In Togo, the sale of the property does not end the lease. The purchaser assumes the landlord's rights and obligations (Article 27). The tenant even has a right of pre-emption on equal price and terms within one month of notification (Article 11 of the template). To understand the land tenure framework, read our guide to land tenure in Togo.

Frequently asked questions

Is a verbal lease valid in Togo?

No, in Greater Lomé the residential lease must be written under the 2022 decree. A verbal agreement is insufficient to enforce contractual rights in court in Togo. The ministry's standard template must be used. The absence of a written contract leaves the tenant exposed to abuse and deprives the landlord of an enforceable title. To secure your position, you should consult a notary or lawyer in Togo.

My landlord demands more than six months of deposit and guarantee. What should I do?

The decree caps the security deposit and rent guarantee at three months' rent each, i.e., six months in total. If the landlord demands more, the excess is unlawful. They risk a fine equal to double the excess and must refund any sums unduly collected. Insist on a contract using the standard template.

Can I leave the property without notice?

No. For an open-ended lease in Togo, you must give two months' written notice, as must the landlord if they wish to recover the property. You must also continue paying rent during this notice period. The notice must state the reason and the departure date. If you are unsure about your personal situation, seek advice from a notary or lawyer in Togo.

The landlord has sold the house. Must I leave?

No. In Togo, the sale does not terminate the lease. The purchaser assumes the former landlord's rights and obligations. You may demand in writing that the lease continue on the same terms. The tenant even has a right of pre-emption within one month. If you face a dispute with the new owner, a notary or lawyer in Togo can assist you.

What is the deadline for recovering my deposit?

The landlord must return the security deposit within one month of handing back the keys, after deduction of justified charges. If the sum is withheld beyond this deadline, interest at the legal rate accrues in your favor until full reimbursement.

Who pays for repairs?

The landlord covers structural major repairs: load-bearing walls, roof, framework, septic tanks. The tenant pays for routine maintenance and tenant repairs. They also pay for damage they have caused. If there is a dispute over the nature of the work, the court decides.

Rental rules differ in other countries. The provisions described here apply only to Togo.