In Senegal, rental properties are governed by laws that define the rights and obligations of both tenants and landlords. As a tenant, it's important to know your rights, but also your responsibilities, to avoid abuses and conflicts with your landlord. This article provides a detailed overview of tenant rights and obligations in Senegal in 2024, covering everything from moving in to receiving the security deposit.
Tenant's rights
Right to decent housing 🏠
In Senegal, tenants have the right to decent housing that meets standards of hygiene, safety, and habitability. Landlords are obligated to provide housing in good condition and to carry out the necessary work to maintain this level of quality. This includes the upkeep of common areas, the repair of essential equipment and installations (electricity, water, heating, etc.), and undertaking renovation or upgrade work if necessary.
Right to privacy ✅
The tenant has a right to privacy . The landlord cannot enter the property without the tenant's prior consent, except in cases of absolute emergency or urgent repairs. Furthermore, the landlord cannot install surveillance or monitoring devices without the tenant's consent, nor disclose the tenant's personal information without their consent.
Right to lease renewal 🗒️
The tenant has the right to renew the lease upon its expiry, unless they fail to meet their obligations or the landlord wishes to reclaim the property for personal use or sale. Renewal must be carried out according to the terms stipulated in the lease agreement and is generally tacit (the lease is automatically renewed).
Right to rent reduction 📉
If the property has defects or hidden flaws that make occupancy difficult or dangerous, the tenant can request a rent reduction proportional to the severity of the problems . The tenant must inform the landlord by registered letter with acknowledgment of receipt , precisely describing the problems encountered and providing evidence (photos, witness statements, etc.).
The tenant's obligations
Pay the rent and utilities 💳
The tenant is required to pay the rent and associated charges on the date specified in the lease agreement. In the event of late or non-payment, the landlord may initiate legal proceedings to obtain payment or terminate the lease. It is important to note that failure to pay rent can result in penalties, including eviction and seizure of the tenant's belongings.
Securing housing 🛡️
The tenant is required to insure the property against risks related to the rental itself , such as water damage, fire, or explosions. Proof of insurance must be provided to the landlord upon signing the lease and annually at its renewal. It is recommended to compare offers from different insurance companies to choose the one that best covers your needs and budget. Remember to check the exclusion clauses and optional coverages, such as coverage for valuables, civil liability, or assistance in the event of a claim. Unfortunately, in 2024, insurance coverage for housing in Senegal was still all too rare.
Maintaining the property 🧹
The tenant is responsible for the routine maintenance of the property and for carrying out minor repairs, with the exception of major repairs, which are the landlord's responsibility. Specifically, the tenant must ensure the cleanliness of the premises, perform minor repairs (changing light bulbs, fixing small leaks, etc.), and ensure that the equipment and fixtures remain in good working order. At the end of the tenancy, the landlord will compare the move-in and move-out condition reports to identify any damage. The landlord reserves the right to retain part or all of your security deposit if the property is damaged at the end of your lease.
Respect the house rules and neighborhood regulations 👤
The tenant is required to comply with the building's internal regulations and neighborhood rules, particularly regarding noise, use of common areas, vehicle parking, waste sorting, etc. Failure to comply may result in the landlord taking legal action against the tenant, or even requesting termination of the lease.
Inform the owner in case of prolonged absence 🗣️
If the tenant plans a prolonged absence (more than one month), they must inform the landlord in writing, so that the latter can take the necessary measures to ensure the safety and maintenance of the accommodation during this period.
Obtain the owner's permission to make changes 🔧
The tenant must obtain written permission from the landlord before making any modifications or alterations to the property (painting, installing equipment, insulation work, etc.). The landlord may refuse if the work is likely to damage the property or cause a nuisance to other occupants of the building.
The end of the lease
Give leave
The tenant may terminate the lease by respecting the notice period stipulated in the lease agreement (generally 1 to 3 months). Notification must be made by registered letter with acknowledgment of receipt and must specify the desired departure date. The tenant must respect the notice period, unless otherwise agreed with the landlord.
Return of the deposit
At the end of the lease, the tenant must receive their security deposit (also called a "caution") from the landlord within a legal period of two months after returning the keys. The landlord may retain part of the security deposit to cover repair or maintenance costs not carried out by the tenant, provided they can furnish supporting documentation.
Tenant rights and obligations in Senegal are essential for ensuring harmonious coexistence between tenants and landlords. As a tenant, it is important to be well-informed about your rights and to respect your obligations to avoid conflicts and disputes. In case of disagreement with your landlord, prioritize dialogue and mediation to find an amicable solution. If this is insufficient, do not hesitate to seek the assistance of a lawyer specializing in real estate law to represent you and defend your interests.
To learn more, here are some useful resources to deepen your understanding of tenant rights and obligations in Senegal:
- The official website of the Senegalese government: www.gouv.sn
- The National Agency for Housing Promotion (ANPH): www.anph.sn
- The Code of Civil and Commercial Obligations in Senegal (COCC): http://www.droit-afrique.com/upload/doc/senegal/Senegal-Code-1976-obligations-civiles-commerciales-avant-abrogation.pdf
- Tenants' and consumers' rights associations, such as the Senegalese Association of Housing Users (ASUL) or the National Confederation of Consumers of Senegal (CNCS).
Finally, to help you with your housing search or to obtain personalized advice on your rights and obligations as a tenant in Senegal, feel free to consult our Keur Immo . There you will find a wide selection of real estate listings offered by real estate professionals, as well as articles and practical guides to support you through every step of your rental project.
You can also subscribe to our newsletter to regularly receive information and advice on real estate in Senegal , and stay up-to-date on the latest market news and trends. We wish you a successful search and a pleasant move into your new home!
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