Tenancy Agreements in Ghana: What Landlords and Tenants Should Know
28 Aug 2026
3 min read
A tenancy agreement sets out the terms on which a landlord allows a tenant to occupy premises in exchange for rent. It provides a framework for the landlord – tenant relationship and can help both parties understand their rights, responsibilities and expectations.
A tenancy may be residential or commercial, and may be for a fixed period or operate on a periodic basis.
Having clear terms from the beginning can help prevent misunderstandings and reduce disputes over matters such as rent, repairs, use of the property and termination of the tenancy.
What This Guide Explains
This guide explains:
What a tenancy agreement is
The difference between oral and written tenancy agreements
Common terms included in tenancy agreements
The responsibilities of landlords and tenants
How tenancy disputes may be addressed
How a tenancy may be terminated
This guide provides general legal information only and does not assess any specific tenancy arrangement.
What Is a Tenancy Agreement?
A tenancy agreement is an arrangement under which a landlord allows a tenant to occupy premises in exchange for rent.
The agreement may set out matters such as:
The premises being rented;
The amount of rent;
The duration of the tenancy;
How the premises may be used; and
The rights and responsibilities of the landlord and tenant.
In practice, tenancy arrangements may be described using different terms, including tenancy agreement, lease agreement or rental agreement. The terminology used by the parties does not, by itself, determine the legal nature of the arrangement.
Oral vs Written Tenancy Agreements
A. Oral Agreements
A tenancy may, in some circumstances, arise from an oral agreement between a landlord and tenant.
The difficulty with an oral agreement is that it may be difficult to establish exactly what the parties agreed if a dispute arises.
For example, the parties may later disagree about what was agreed concerning:
The amount of rent;
The duration of the tenancy;
Who is responsible for repairs;
How the premises may be used; or
How the tenancy may be terminated.
B. Written Agreements
A written tenancy agreement records the terms agreed between the parties and provides evidence of those terms.
A written agreement can help:
Reduce misunderstandings;
Establish what the parties agreed;
Clarify their respective responsibilities; and
Make it easier to address disputes if they arise.
C. What the Law Says
As a general rule, for a tenancy to be fully enforceable, it should, among others, be in writing and signed by the landlord or their authorised agent.
There are some exceptions where a tenancy may still be valid without a written agreement:
Leases arising by operation of law or equity; and
Short leases where the tenant has been living in the property for three years or less.
Bottom line: A written agreement protects everyone. It is always better to have one.
For a written tenancy agreement template, see Niellégal's Tenancy Agreement template.
Residential vs Commercial Tenancies
Tenancy agreements may relate to residential or commercial premises.
Residential tenancies generally concern the occupation of premises as a home, and may address matters such as repairs, maintenance, use of the premises, habitability, and the tenant’s right to quiet enjoyment of the premises.
Commercial tenancies concern premises used for business or commercial purposes, and may contain additional terms dealing with matters such as permitted business activities, alterations, fixtures, signage and longer-term occupation.
The terms of the agreement should reflect the nature and intended use of the premises.
What Should a Tenancy Agreement Cover?
A well-drafted tenancy agreement should clearly identify the parties and set out the key terms of the tenancy.
Tenancy agreements should generally include:
a. Parties – The names and relevant details of the landlord and tenant.
b. Property – A clear description of the premises being rented.
c. Duration – Whether the tenancy is for a fixed period or is periodic.
d. Rent – The amount of rent, when it is payable and how it should be paid.
e. Advance rent or security deposit – Where applicable, the amount paid upfront and the purpose for which it is held.
f. Use of property - What the property can and cannot be used for.
g. Maintenance and repairs - The respective responsibilities of the landlord and tenant.
h. Subletting – Whether the tenant may sublet the premises and any conditions that apply.
i. Landlord’s Access - When and how the landlord can enter the premises.
j. Termination and notice – How the tenancy may be terminated and any applicable notice requirements.
k. Breach and recovery of possession – The consequences of failing to comply with the tenancy agreement and the applicable legal procedures for recovering possession.
l. Dispute resolution – How disputes may be addressed.
m. Governing law - The law governing the agreement.
Clear terms can help both parties understand their obligations from the beginning and reduce the likelihood of disputes.
Responsibilities of Landlords and Tenants
A tenancy agreement creates obligations for both parties.
Landlords are generally expected to:
Provide and maintain a safe and habitable property
Respect the tenant's lawful occupation and use of the premises
Respect the tenant's right to quiet enjoyment of the property
Attend to matters for which the landlord is responsible
Follow the applicable legal procedures when seeking to terminate a tenancy or recover possession
Tenants are generally expected to:
Pay rent as agreed
Use the premises in accordance with the tenancy agreement
Take reasonable care of the premises
Comply with the terms of the tenancy
The specific obligations of each party will depend on the tenancy agreement and applicable law.
What Happens If There Is a Dispute?
Disputes may arise even where a written tenancy agreement exists.
Depending on the nature of the dispute, parties may consider:
Discussing the matter directly and attempting to reach an agreement;
Engaging the Rent Control Department, where its assistance is appropriate; or
Seeking legal assistance or court intervention, where necessary.
A written agreement can make it easier to determine what the parties agreed, but the agreement must also be consistent with applicable law.
Ending a Tenancy
A tenancy does not necessarily end simply because one party wants it to end.
The termination of a tenancy may depend on:
The terms of the tenancy agreement;
The type and duration of the tenancy;
Any applicable notice requirements; and
Statutory protections governing the recovery of possession.
Where a landlord seeks to recover possession, the applicable legal requirements must be followed. For more information, see Niellégal's guide on Eviction and Notice Procedures in Ghana.
Why Does a Written Tenancy Agreement Matter?
A written tenancy agreement can help:
Prevent avoidable disputes;
Establish what the parties agreed;
Clarify the rights and responsibilities of both parties;
Provide evidence if a dispute arises; and
Promote more predictable rental arrangements.
Putting the terms in writing at the beginning can help prevent disagreements later.
Need a Tenancy Agreement?
Whether you are a landlord letting out property or a tenant renting property, a clear written agreement can help establish the terms of the tenancy from the beginning.
Explore Niellégal's Tenancy Agreement template and / or use our Consult a Lawyer feature to request an introduction to an independent lawyer on the Niellégal Professional Network.
Important Note
This guide provides general legal information for educational purposes only. Laws may have changed since this guide was last updated. For specific legal advice about your situation, please consult a qualified lawyer. Accessing or using this information does not create a lawyer–client relationship.
Last updated: August 2026