Navigating the Rules and Duties: A Guide to Leasing Houses in Ethiopia
Leasing a house, apartment, or any other dwelling is a common practice worldwide. However, it’s crucial for both lessors (landlords) and lessees (tenants) to understand the legal framework governing such agreements. In this guide, we examine into the special rules regarding the lease of houses as outlined in the Civil Code of Ethiopia, shedding light on rights, duties, and key considerations for both parties involved.
Scope and Model Contracts
According to Article 2945, the special rules regarding house leases apply to contracts involving houses, flats, rooms, or other buildings or parts of buildings. Municipal authorities may provide model contracts for such leases, which individual contracts are assumed to follow unless otherwise specified.
Duties of Lessor and Lessee
Article 2947 outlines the duties of both lessor and lessee when leasing part of an immovable. The lessor must consider the interests of existing lessees when leasing other parts of the property. Conversely, the lessee must respect the rights of others living in the same property and may face termination of the lease if they disturb other lessees’ enjoyment of the property.
Rent and Payment Terms
The amount of rent is determined by mutual agreement (Art. 2950). Rent payment terms vary based on the lease duration, with quarterly or monthly payments being common. Failure to pay rent on time may lead to termination of the lease after a notice period (Art. 2952).
Repairs and Maintenance
Both lessor and lessee have responsibilities regarding repairs and maintenance. Lessees are typically responsible for minor repairs and upkeep, while major repairs due to old age or force majeure fall on the lessor (Art. 2955). However, these responsibilities can be altered by mutual agreement.
Subleasing and Termination
Subleasing is permitted with prior notice to the lessor (Art. 2957), but lessors can object under certain circumstances (Art. 2958). Termination of leases can occur at the end of the agreed period or through notice from either party (Art. 2965, 2966).
Fire Liability and Improvements
Lessees are generally liable for fire damage unless it’s due to force majeure or construction defects (Art. 2970). Additionally, improvements made by lessees require lessor consent, though lessees may be entitled to reimbursement if approved (Art. 2973, 2974).
Understanding the special rules regarding the lease of houses is essential for both lessors and lessees to ensure a smooth and legally compliant leasing experience. By adhering to these rules and duties outlined in the Civil Code, both parties can protect their rights and interests throughout the lease period. Whether you’re a lessor or lessee, familiarizing yourself with these regulations can help prevent disputes and promote a harmonious landlord-tenant relationship.
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