Seeking legal advice important: Experts

order to reduce eviction disputes.
This comes in the wake of several eviction disputes flooding the country’s courts because of failure by the landlords and tenants to discuss and come up with solutions to amicably resolve the disputes.
Harare Lawyer and Real Estate expert Mr Aston Musunga of Musunga and Associates said it was imperative that the two parties join hands and draft lease agreements that protect both of them to avoid legal wrangles.
“If a tenant goes into a lease agreement with a landlord it is clear the landlord wants to get some income. At the same time the tenant is a person in need of accommodation and is supposed to fulfil his or her obligation,” Mr Musunga said.
He said a tenant and landlord must sit down and come up with a comprehensive lease agreement, which covers all issues, including the monthly rentals and when the rentals would be increased and by what percentage,” he said.
Mr Musunga said this would enable both the landlord and the tenant to mutually agree so that in the future there would not be any dispute.
When it comes to eviction of the tenant, Mr Musunga said a landlord must ensure that he follows the required procedure of giving the tenant the stipulated three months notice.
“When the landlord wants a tenant out he or she must give a notice. The required notice is three months and after the required notice in terms of the Rent Regulations Section 32, the landlord is required only to evict a tenant for his own use of the premises or for renovations that requires the property to be vacant,” Mr Musunga said.
Mr Musunga said the tenants must also fulfil their obligations to pay rent on time before the end of every month as rentals are paid in advance.
“The tenant must fulfil the obligation set out in the lease agreement. If a tenant fails to do this, you cannot expect a landlord to fold his hands and watch,” he said.
Mr Musunga said the landlord can then approach the Rent Board and get an order which must be registered at the High Court before the due process of the Sheriff evicting the tenant.
On unscrupulous landlords who increase rentals without any justification, Mr Musunga said the tenant could also approach the Rent Board and make a complaint.
“The Rent Board can convene a hearing. The Rent Board has powers to set the increment of rentals or to stop the landlord from increasing the rent,” he said.
At the same time, a tenant should give a landlord notice when vacating a property.
Also security deposits are a must and protect the landlord in the event that the tenant damages the property.
Mr Musunga said the security deposit must be equivalent to one month’s rent.