Preparing your rental application in Togo: documents, deposit and lease since 2022

Decree No. 2022-001/PR of 5 January 2022 reshaped residential lease rules in Togo. The contract must now be written, the security deposit is capped at three months' rent and the rent guarantee is also capped at three months. Tenants no longer need to pay a full year upfront to get the keys. They must still prepare a solid file, check every clause and demand an inventory of fixtures. Here is what to know before renting in Lomé or elsewhere in Togo.

What changed under the 2022 decree

Before this text, the private rental market in Togo was governed by the 1948 law. No cap limited the deposit or rent in advance. Landlords commonly asked for twelve months' rent, sometimes more, especially in Greater Lomé. Decree No. 2022-001/PR introduced mandatory rules of public policy for residential leases. It applies first in Greater Lomé, with possible extension to other cities after evaluation.

In Togo, the residential lease is written. It is concluded in Togo as a private deed or by notarial act, then registered with the tax administration. In Togo, a model contract is available at town halls and on the website of the ministry in charge of housing. In Togo, clauses that prohibit the tenant from hosting relatives, that exempt the landlord from liability or that make the tenant automatically liable for damage are deemed unwritten.

The documents to gather

The decree does not list required documents exhaustively. Each landlord checks the identity and financial capacity of the applicant. Prepare a readable copy of your valid ID, proof of income or activity suited to your situation, and the contact details of a guarantor if the landlord requires one. If you are employed, a payslip or employment certificate is usually enough. If you run your own business, a trade register or income attestation may be requested.

A legally recognised real-estate professional who drafts or negotiates the contract is paid equally by the landlord and the tenant. Using one is not compulsory, but it secures the relationship.

Security deposit, rent guarantee and advance

The decree clearly separates two sums. The security deposit covers repair costs for damage at the end of the lease. The rent guarantee covers arrears and the notice period. Each is capped at three months' rent. In total, the landlord cannot demand more than six months' rent on move-in.

The decree sets the following caps:

Security	Legal cap	Purpose
Security deposit	3 months' rent	Damage and service charges at the end of the lease
Rent guarantee	3 months' rent	Rent arrears and notice period

In Togo, the deposit is paid on signature. In Togo, it bears no interest for the tenant. In Togo, it must be returned within a maximum period of one month after the keys are handed back and the premises restored, minus justified charges. After that deadline, it bears interest at the legal rate for the tenant's benefit. If the property is sold, the new owner must return the deposit. The rent guarantee also bears no interest. If the tenant uses part of it during the lease, they must top it up. Otherwise, the decree allows the landlord to start termination proceedings one month after payment stops.

In Togo, both guarantees may be replaced by an insurance policy or a bank guarantee. In that case, no cash deposit is required.

Before signing the lease

Check that the contract states the rent, duration, use of the premises and revision terms. In Togo, the decree provides that rent may be revised every three years, by no more than 10 % of the current rent. Demand an inventory of fixtures drawn up jointly when the keys are handed over. In Togo, in the absence of one, the tenant is presumed to have received the premises in good repair condition and must return them in the same state. In Togo, the inventory may be carried out by a legally recognised real-estate professional, at shared cost.

Read the clauses carefully.

Traps to avoid

Do not hand over any money before you have visited the property and read the contract. Although the decree regulates relations, the market remains tight. Some listings still mention requirements above the legal ceiling. In such cases, the contract is sometimes drafted for a compliant amount, with the balance demanded informally. Refuse. In Togo, the decree provides sanctions for landlords who exceed the caps.

Beware of unregulated intermediaries. The decree regulates real-estate professionals, but does not ban private individuals from putting parties in touch. If you use a middleman, ask for references and avoid paying unjustified viewing fees. Never sign a verbal lease. In Togo, without a written contract, proof of commitments disappears and termination must go through the courts, even for unpaid rent.

On Imonga

Listings for apartments for rent in Lomé and villas for rent in Lomé state the monthly rent and the landlord's conditions. You can filter by property type and contact the advertiser directly. In Togo, commercial leases fall outside this decree and follow different rules.

The rules described here are those of Togo. They differ in Ghana, Côte d'Ivoire, Benin and Senegal.

Frequently asked questions

Can a landlord demand more than six months' rent upfront?

No. In Togo, Decree No. 2022-001/PR caps the security deposit at three months and the rent guarantee at three months. The total cannot exceed six months' rent. Any clause to the contrary is deemed unwritten. For any specific matter, consult a notary or lawyer in Togo.

Must a residential lease be notarised?

No. In Togo, the lease can be a private deed. It must simply be written and registered with the tax administration. A notarised deed offers stronger evidentiary value and allows a clause for immediate termination in case of non-payment. For any specific matter, consult a notary or lawyer in Togo.

What if the landlord does not return the deposit within one month?

The deposit or balance then bears interest at the legal rate for the tenant's benefit. If the property is sold, the new owner is liable for the return.

Does the decree apply to commercial or professional leases?

No. In Togo, it covers only residential leases. Professional, industrial or commercial premises remain subject to the Togolese Civil Code and to the parties' agreement. For any specific matter, consult a notary or lawyer in Togo.

Can the deposit and guarantee be replaced by insurance?

Yes. In Togo, the decree allows the tenant to take out an insurance policy or provide a bank guarantee. In that case, no cash deposit is required. For any specific matter, consult a notary or lawyer in Togo.

Is a model contract available?

Yes. In Togo, the ministry in charge of housing has drawn up a model available at town halls and on its website. Using it harmonises clauses and prevents abuse. For any specific matter, consult a notary or lawyer in Togo.