Landlords have been recently voicing frustration over tenants who fail to pay rent. One lawyer told The New Times that the solution often lies in how well the tenancy agreement is drafted and how promptly landlords act when things start to go wrong. In some cases, landlords claim they are unable to recover rent arrears, leading to protracted disputes with tenants or financial losses. According to the 2018 law to civil, commercial, labour and administrative procedures, landlords have the right to take legal action against tenants who default on rent. ALSO READ: Property owners on the spot for ripping off tenants on ‘caution money’ The law allows landlords to request a court bailiff to seize the tenant’s movable property—such as furniture or electronics—if they fail to pay rent. This applies not only to tenants of houses but also to land and other goods. “After requesting the seizure from the bailiff, the creditor must file a complaint for confirmation before a competent court to know the substance of the case, within forty-eight hours of seizure,” reads the law. Innocent Muramira, a lawyer, emphasized that a well-drafted and signed tenancy agreement is key to resolving disputes. “One thing is that the rent agreement or tenancy agreement should be well drafted and signed by both parties,” Muramira said. ALSO READ: Rental income tax: Landlords must submit tenants’ contracts He also underlined the importance of respecting the agreement, saying that “each party must respect the provisions of the rental agreement because all agreements must be kept and performed in good faith.” Landlords, he explained, shouldn't wait too long if tenants default. “If the tenant fails to pay for one or two months, then the landlord can issue a demand notice,” he said. ALSO READ: Who protects consumers from unfair housing prices? If the notice is ignored, Muramira added that landlords can escalate the matter legally. “If one fails, the landlord can hire services of the professional court bailiff to seize property of the tenant in the house and file a case to the competent court within 48 hours to acknowledge the seizure and recovery of rent arrears.” He pointed out the consequences if the court rules in favor of the landlord. “Once a court decides in favor of the landlord, the tenant's property seized can be sold—by the court bailiff—to recover rent arrears and be evicted from the house,” he said.
