Rights of a Residential Tenant in Ghana: A Comprehensive Legal Guide

Housing is more than just a place to live; it is a fundamental necessity and an important aspect of human dignity. In Ghana, millions of people occupy residential premises as tenants under oral or written tenancy agreements. While much public discussion focuses on the rights of landlords, the law equally protects tenants from unfair treatment, unlawful evictions, arbitrary rent increases, and breaches of tenancy agreements.

The rights of residential tenants in Ghana arise from the 1992 Constitution, the Rent Act, 1963 (Act 220), the Land Act, 2020 (Act 1036), the Contracts Act, 1960 (Act 25), and the common law principles governing landlord and tenant relationships. These laws impose reciprocal obligations on both landlords and tenants and ensure that neither party abuses the rights of the other.

This article examines the principal rights enjoyed by residential tenants in Ghana.

1. Right to Occupy the Premises Peacefully

 Under Section 50 and the Second Schedule (Part I) of Act 1036, every grant of a lease or tenancy implies a statutory covenant for quiet enjoyment on the part of the lessor (landlord). This obligates the landlord and anyone claiming through them not to commit acts that interrupt, disturb, or substantially interfere with the tenant’s lawful occupation and use of the property.

 Protection of Statutory Tenancy (Rent Act, 1963 – Act 220): Under Section 17 of Act 220, even where a contractual tenancy expires, a tenant who remains in possession becomes a “statutory tenant.” So long as they continue to pay rent and observe the terms of the agreement, the law protects their right to peaceful occupation, barring the landlord from recovering possession without a valid order from a court or the Rent Control Department.

The foremost right of every tenant is the right to peaceful occupation and enjoyment of the rented premises throughout the tenancy.

Once a tenancy has been lawfully created and rent has been paid, the tenant acquires a legal interest in the property. During the tenancy period, the landlord cannot interfere with the tenant’s possession without lawful justification.

This means the tenant has the right to:

• live in the premises without unnecessary interference;
• use the premises for lawful residential purposes;
• enjoy privacy;
• exclude strangers from the premises except where the law permits entry.

This principle is known in landlord and tenant law as the covenant for quiet enjoyment, an implied term in virtually every tenancy agreement.

• Right to Exclusive Possession

Land Act, 2020 (Act 1036), Sec. 6 & 50: Transfers legal possession entirely to the tenant. The landlord holds ownership (reversion) but loses the right to enter or use the space without permission.

Land Act, 2020 (Act 1036), Sec. 50(a): Restricts landlord entry solely to viewing repairs or executing maintenance at reasonable times after due notice.

Rent Act, 1963 (Act 220), Sec. 25: Criminalizes self-help tactics (e.g., locking doors, changing locks, or adding unauthorized occupants) designed to strip the tenant of possession

A tenant is entitled to exclusive possession of the rented premises.

Exclusive possession means the landlord cannot continue treating the property as though it remains his personal residence.

Accordingly, the landlord cannot:

• enter the house whenever he pleases;
• keep duplicate occupants in the premises;
• rent portions already occupied by the tenant to another person without agreement;
• interfere with the tenant’s use of the premises.

During the tenancy, the tenant enjoys legal possession while the landlord retains ownership.

3. Right to Privacy

A residential tenant has a constitutional right to privacy.

Article 18(2) of the 1992 Constitution guarantees the privacy of every person’s home.

Sections 50–52 of the Land Act, 2020 (Act 1036)outline the landlord’s limited rights of entry. A landlord retains a right of entry only to view the state of repair or execute necessary repairs, and this must be done at reasonable times after giving due notice; not arbitrarily.

Consequently, a landlord cannot:

• enter the tenant’s room without permission;
• conduct inspections at unreasonable times;
• search the tenant’s belongings;
• install surveillance devices without lawful authority;
• interfere with private family life.

Although landlords may inspect their property, reasonable notice should ordinarily be given except in emergencies such as fire, flooding, or situations threatening the building.

• Right to Habitable Accommodation

 Rent Act, 1963 (Act 220), Sec. 17(1)(h) & Sec. 25: Places a legal duty on the landlord to maintain the structural integrity of the building. Under Section 17(1)(h), if a landlord fails to execute structural repairs necessary to keep the premises safe and habitable, the tenant can apply to the Rent Control Department for an order compelling the landlord to repair or seek permission to carry out repairs and deduct the reasonable costs from future rent payments.

 Land Act, 2020 (Act 1036), Sec. 50 & 2nd Sched. (Part I): Implies a statutory covenant requiring the landlord to maintain the main walls, roof, outer structure, and shared common infrastructure (such as main plumbing and electrical connections) in a fit and tenantable state throughout the tenancy.

Every tenant has the right to occupy premises that are reasonably fit for human habitation.

Although Ghanaian law does not provide an exhaustive statutory definition of “habitability,” landlords are expected to provide premises that are structurally safe and reasonably suitable for residential occupation.

This generally includes:

• stable structural condition;
• functioning roof;
• safe electrical wiring;
• safe plumbing;
• sanitary facilities;
• protection against dangerous defects.

A landlord who knowingly rents premises that are dangerously defective may become liable in damages if injury results.

• Right to Fair Treatment

1992 Constitution, Art. 12 & 15: Guarantees the fundamental human rights and dignity of all people. Under Article 15, a tenant’s dignity must not be violated, prohibiting any form of cruel, inhuman, or degrading treatment, harassment, or intimidation by a landlord.

 Rent Act, 1963 (Act 220), Sec. 25: Makes it a criminal offence for a landlord to subject a tenant to unlawful pressure, harassment, or constructive eviction tactics—such as cutting off water or electricity supply, removing doors, or using abusive conduct to force a tenant out.

Land Act, 2020 (Act 1036), Sec. 12: Expressly criminalizes the use of physical force, threats, “land guards,” or aggressive self-help measures in land and tenancy disputes. Landlords who resort to intimidation instead of lawful dispute resolution face criminal prosecution and imprisonment.

A landlord must exercise his rights reasonably and lawfully.

A tenant should not suffer:

• intimidation;
• harassment;
• threats;
• discrimination;
• abusive conduct;
• unlawful pressure to vacate.

Where disputes arise, they should be resolved through lawful procedures rather than intimidation or self-help.

6. Right Against Unlawful Eviction

Under Section 17(1) Rent Act, 1963 (Act 220), a landlord cannot eject a tenant without a formal court order or an order from the Rent Magistrate/Rent Control Officer. Valid grounds for recovery of possession are strictly limited (e.g., non-payment of rent, personal occupation, or major structural remodeling). Self-help tactics such as removing roof sheets, changing locks, or shutting off utilities are illegal under Section 25.

Section 12 of the Land Act, 2020 (Act 1036), criminalizes the use of force, land guards, or self-help to enforce land or tenancy rights. Landlords who resort to force face severe criminal penalties, including prison terms.

Perhaps the most significant protection available to tenants is protection against unlawful eviction.

A landlord cannot simply decide to eject a tenant because:

• rent has increased;
• another tenant offers more money;
• the landlord has become angry;
• the landlord wishes to sell the property.

Except where the tenant voluntarily leaves, lawful recovery of possession generally requires compliance with the applicable legal procedures.

Examples of unlawful eviction include:

• changing locks;
• removing doors;
• disconnecting electricity to force departure;
• removing roofing sheets;
• throwing belongings outside;
• employing “land guards”;
• using threats or violence.

Such conduct may expose the landlord to both civil and criminal liability.

7. Right to Proper Notice Before Termination

Section 19 of the Rent Act, 1963 (Act 220),  prescribes mandatory statutory notice periods prior to terminating a tenancy or applying for recovery of possession. The notice period depends on the rental payment cycle (e.g., a monthly tenant is entitled to a full month’s notice).

A tenancy cannot ordinarily be terminated without appropriate notice unless the agreement or the law provides otherwise.

The purpose of notice is to allow the tenant sufficient time to secure alternative accommodation.

The required notice depends on the nature of the tenancy and any applicable contractual terms.

Where proper notice is not given, an attempted eviction may be unlawful.

8. Right to Challenge an Eviction in Court

Rent Act, 1963 (Act 220), Sec. 17(1): Strips landlords of the power to unilaterally evict a tenant. A landlord can only recover possession or eject a tenant by obtaining a formal court order or a determination from the Rent Control Department, based strictly on statutory grounds (e.g., non-payment of rent, personal occupation, or major structural remodeling).

Rent Act, 1963 (Act 220), Sec. 17(2) & Sec. 25: Protects the tenant’s right to resist self-help evictions. If a landlord attempts an extrajudicial eviction such as changing locks, removing roof sheets, or throwing out personal belongings the tenant can challenge the action in court to obtain an interim injunction, a restoration of possession, or substantial monetary damages.

Land Act, 2020 (Act 1036), Sec. 12: Criminalizes the use of force, threats, or land guards to evict an occupant. A tenant facing unlawful, forceful ejectment can report the landlord for criminal prosecution under Act 1036 while simultaneously pursuing civil remedies in court.

1992 Constitution, Art. 19 & 125: Guarantees the fundamental right to due process and fair hearing. A tenant cannot be deprived of their possessory rights without being served proper legal process and given a fair opportunity to present their defense before a court of competent jurisdiction.

A tenant has every right to challenge an unlawful eviction before the courts.

The court may grant remedies including:

• injunctions;
• declarations;
• damages;
• orders restoring possession;
• compensation for unlawful conduct.

The mere expiration of a tenancy does not always entitle a landlord to use force.

9. Right to Rent Receipts

Section 18 of the Rent Act, 1963 (Act 220),  makes it mandatory for every landlord (or their agent) to issue a written rent receipt immediately upon receiving rent payment. Failure to issue a receipt is a punishable offence.

Whenever rent is paid, a tenant is entitled to evidence of payment.

Rent receipts serve several purposes:

• proof of payment;
• proof of occupation;
• evidence during litigation;
• prevention of double payment;
• clarification of rental periods.

Tenants should insist on written receipts or maintain reliable records of electronic payments.

10. Right Not to Pay Illegal Charges

 Rent Act, 1963 (Act 220), Sec. 25(1)(a) & (b): Strictly prohibits landlords (or their agents) from demanding or receiving key money, premiums, bonuses, or any extra financial consideration as a condition for granting, renewing, or continuing a tenancy.

Rent Act, 1963 (Act 220), Sec. 25(5) (as amended): Makes it a criminal offence to demand or collect more than 6 months’ rent advance for a short-term residential tenancy, or more than 2 years’ rent advance for a long-term lease. Any demand exceeding these statutory limits is illegal and unenforceable.

Rent Act, 1963 (Act 220), Sec. 19 & 20: Unilaterally increasing rent outside the framework established by the Rent Control Department is unlawful. Rent increases must strictly follow prescribed statutory procedures or be authorized by a Rent Officer.

A landlord cannot impose arbitrary financial demands simply because he owns the premises.

Charges demanded should be lawful and preferably agreed upon in the tenancy agreement.

Examples of questionable demands include:

• unexplained administrative fees;
• arbitrary penalties;
• repeated registration charges;
• unauthorized utility levies.

Where disputes arise, tenants may challenge such charges before the Rent Control Department or the courts.

11. Right to Security of Tenure

Rent Act, 1963 (Act 220), Sec. 17 & 36: Creates a statutory tenancy after a lease expires. A tenant who continues paying rent cannot be evicted unless the landlord proves specific statutory grounds (e.g., non-payment or personal occupation) in court.

 Land Act, 2020 (Act 1036), Sec. 6 & 50: Protects the tenant’s fixed leasehold interest, prohibiting the landlord from unilaterally shortening or canceling an active contract before its end date.

Rent Act, 1963 (Act 220), Sec. 19: Prohibits arbitrary rent hikes designed to force a tenant out (“constructive eviction”) without Rent Control approval.

Security of tenure means that a tenant cannot be deprived of possession except according to law.

So long as the tenant complies with the tenancy agreement and the applicable law, the landlord cannot simply terminate the tenancy capriciously.

The law seeks to balance the landlord’s ownership rights with the tenant’s legitimate expectation of continued occupation.

12. Right to Non-Discrimination

1992 Constitution, Art. 17(1) & (2): Guarantees equality before the law and prohibits discrimination on grounds of gender, race, color, ethnic origin, religion, creed, or social/economic status.

Land Act, 2020 (Act 1036), Sec. 47 & 67: Mandates equal capacity to hold interests in land. Section 47 explicitly protects spousal rights, prohibiting a spouse from unilaterally disposing of, leasing, or encumbering marital property to discriminate against or dispossess the other spouse without consent.

 Rent Act, 1963 (Act 220), Sec. 25: Prohibits landlords from imposing unfair, discriminatory terms, arbitrary rent hikes, or constructible evicting existing tenants based on personal characteristics or status once a tenancy is created

Although landlords generally have freedom to choose tenants before creating a tenancy, once a tenancy exists, tenants should not be subjected to discriminatory treatment.

All tenants deserve equal respect and fair treatment irrespective of:

• ethnicity;
• religion;
• gender;
• disability;
• social status.

13. Right to Have the Terms of the Tenancy Respected

Land Act, 2020 (Act 1036), Sec. 35–37 & 50: Requires tenancies over three years to be in writing to be enforceable (Sec. 36) and automatically binds landlords to statutory covenants like repair duties and quiet enjoyment (Sec. 50).

 Rent Act, 1963 (Act 220), Sec. 17 & 19: Prevents landlords from arbitrarily rewriting tenancy terms or imposing sudden rent increases outside statutory Rent Control procedures.

The tenancy agreement binds both landlord and tenant.

If the agreement provides:

• duration of tenancy;
• rent payable;
• payment dates;
• maintenance obligations;
• utility arrangements;
• access rights,

both parties are legally expected to comply.

Neither party may unilaterally rewrite the contract.

14. Right to Due Process

 1992 Constitution, Art. 19 & 125: Guarantees procedural fairness; a tenant cannot lose their rights without proper legal notice, service of court process, and a fair hearing.

Rent Act, 1963 (Act 220), Sec. 17(1): Outlaws extrajudicial evictions; landlords must prove statutory grounds before the Rent Control Department or Courts to secure an order for possession.

 Land Act, 2020 (Act 1036), Sec. 12: Criminalizes self-help, threats, and force, requiring all tenancy disputes to be resolved strictly through lawful institutions.

Every tenant has a constitutional right to due process before being deprived of legal rights.

A landlord should therefore avoid self-help measures.

Where possession must be recovered, lawful procedures should be followed through the appropriate legal institutions.

15. Right to Seek Redress

1992 Constitution, Art. 33(1) & 125: Secures access to justice and legal remedies through the courts for any infringement on a tenant’s constitutional or contractual rights.

 Rent Act, 1963 (Act 220), Sec. 4, 5, & 10: Grants tenants direct access to Rent Officers and Rent Magistrates to settle disputes, assess fair rent, and penalize landlord misconduct (e.g., unlawful lockouts or utility disconnection).

Land Act, 2020 (Act 1036), Sec. 98–101: Establishes Alternative Dispute Resolution (ADR) and customary land secretariats to resolve tenancy and land conflicts before or alongside court litigation.

A tenant whose rights are violated may seek remedies through:

• the Rent Control Department;
• Alternative Dispute Resolution (ADR);
• the District Court;
• the Circuit Court;
• the High Court, depending on the nature of the dispute.

Available remedies may include:

• damages;
• injunctions;
• declarations;
• recovery of possessions;
• compensation.

Responsibilities That Accompany These Rights

Tenant rights exist alongside corresponding responsibilities. A residential tenant is generally expected to:

• pay rent as agreed;
• use the premises only for lawful purposes;
• avoid causing nuisance to neighbours;
• take reasonable care of the property;
• comply with the tenancy agreement;
• vacate the premises upon lawful termination where required.

Failure to fulfil these obligations may entitle the landlord to pursue appropriate legal remedies.

Conclusion

The law governing residential tenancies in Ghana seeks to strike a fair balance between the proprietary rights of landlords and the possessory rights of tenants. Once a tenancy is lawfully created, a tenant enjoys significant legal protections, including the rights to peaceful possession, privacy, habitable accommodation, fair treatment, proper notice before termination, and protection against unlawful eviction.

Landlords should avoid resorting to self-help measures such as changing locks, removing a tenant’s belongings, disconnecting utilities, or using threats to recover possession. Equally, tenants must honour their contractual obligations, pay rent when due, and use the premises responsibly.

Understanding these rights and obligations promotes healthier landlord–tenant relationships, reduces disputes, and ensures that residential tenancies are managed in accordance with Ghanaian law and the principles of fairness and justice.