Botswana's rental market is a free market and the landlord and tenant can freely agree on rent. There is a rent control law, but it only applies to commercial properties in urban areas (Chapter 43:09). buy property in qatar for expats
House of Botswana
In the lease agreement, provisions for the rent to be increased during the lease may be made. For example, the parties may specify that, after a certain period of time, the rent increases to or is agreed upon in the future. In the lease agreement, the Parties may also make provision for an escalation clause which increases the rent to a certain percentage at the end of each year. For example, in the case of a 5-year lease, the Parties can agree that the Renter pay an amount each month for each subsequent year (each subsequent year beginning on the anniversary date of the beginning of the lease period), 10% greater than the last month rent in the previous year.
Deposit of Security
There is no maximum legal deposit. Deposit requirements are normal practice.
What rights have landlords and tenants in Botswana, particularly as far as contract duration and expulsion are concerned?
In terms of duration, leasing is divided into three main categories:
Period leases fixed. Unless either party is defaulting, a fixed-term rental ends automatically at the end of the period and no termination notice is required.
Leases end at will. These leases end at the discretion of the lessor, the leasuree or any party. These usually provide for a period of notification. If the lease agreement provides that notice will be terminated at either party's will or in the case of default, the steps to be taken should be provided for.
Indefinite rentals These leases have no fixed terminal point and last from time to time until notice has been issued. An indefinite lease can be terminated by one party with the other termination notice. If the parties leave the lease term undefined, reasonable notice shall be required by law. The reasonable notice is not provided, but depends on the circumstances of each case. The lease ends after the expiry of the notice period.
In the event that the rent agreement does not at all provide for a termination, the parties are bound to continue and the aggravated party can proceed to seek cancelation and damages as a result of an infringement.
Like any other contract, a lease, whether oral or in writing or implied by parties, may be terminated by mutual agreement.
Non-payment EVICTION OF RENT
Duration until process service is completed 14
Trial Duration 42
Enforcement Duration 7
Total Evict Tenant Days 63
Courts: Project Lex Mundi
How effective is the legal system in Batswana?
The law can be slow, although the rights of the landlord are strong in theory.
Whenever the rent is due and payable, the landlord has a residual mortgage for the moving goods of the leaser on the rented premises. The effect of the mortgage is that the landlord can secure the Lessee's property with the confirmation of the High Court for the payment of the rent and the deductions.
The Lessor applies to the High Court for an order to attach the property to perfect the Landlord hypothesis, pending the action to be taken by him for rental arrears and damages and cancellation if, in that case, the lease does not provide for cancellation of the property. Hypothec confirmation can take from one to two months.
The Lessor is due to issue a summons for recovery of rental arrears and damages soon after the landlord's mortgage has been confirmed. The convocation may be unopposed or opposed by the resident.
It takes around two weeks to register the appeal at the Court and then 10 to 21 days until the Lessee defends the action.
Immobilien and properties in Botswana
If the action is not opposed, the Lessor may request a judgment in default of appearance. The waiting period for the High Court judgment is 3 to 4 months. The Lessor will be able to sell the attached property within a month after the judgment is received and the rent remains unpaid.
When the action is opposed, it takes about 3 months to close arguments, and then the parties wait for the Court to appoint a judgment date of between 2 and 3 years.
Legislation
Botswana looks to the common law for landlord and tenant matters, which is based on decided cases. The Land Control Act applies only in Botswana to commercial properties.