Start with the essentials
Your next step.
For a residential lease covered by Law 2022-30, Article 57 caps the security deposit at three months’ rent. Separate this deposit from rent and agency fees before paying.
- Check who is letting the home and their authority.
- List rent, deposit, advances and fees separately in writing.
- Prepare a dated inspection record and meter readings.
Explore what you need
Answers to your questions.
Which homes do these rules cover?
Law 2022-30 of 20 December 2022 covers residential tenancies. Article 2 excludes professional leases and certain temporary or holiday accommodation. Establish the contract type before applying these rules. Article 5 provides for a signed written lease; Article 11 provides for a joint inspection at entry and exit.
How many months is the security deposit?
Article 57 sets a maximum of three months’ rent for the security deposit. Article 69 provides for a three-month deposit at key handover and reimbursement at the end of the lease; Article 70 states its purpose is to cover damage and unpaid rent at lease end.
Example: for monthly rent of CFA 75,000, three months is CFA 225,000 as a security deposit. This is not the total move-in cost. Request a separate breakdown of rent, deposit and any other requested payments.
What should be written before payment?
Identify the parties, home, permitted use, term and entry date. Request a breakdown of payments, recipient, due date, proof of payment and deposit-return conditions. Have rent-review, repair and termination clauses explained before signing.
If an agent is involved, request their mandate and remuneration terms. For a simple introduction leading to a lease, Article 27 makes the service requester responsible for a commission capped at 50% of monthly rent. This rule does not describe every property-management assignment.
What belongs in the handover record?
Prepare an inspection describing each room, equipment and defects, with dated photographs if agreed. Record meters, the number of keys and promised work. Keep signed copies of the lease and inspection plus receipts. Seek advice on unclear clauses before transferring money.
Official sources
- Ministère · loi 2022-30 sur les baux cadredevie.gouv.bj
- Tribunal de commerce · référence du Barreau tcc.justice.bj
