Is it possible to evict a guest in Zimbabwe for failing to comply with your house rules?

The demand for short – term stay accommodation in Zimbabwe using online accommodation reservation services i.e., home – sharing platforms has ballooned in recent years. Resultantly, a significant number of houses, flats, apartments, rooms, hotels, motels, inns, guests house, residential establishments, chalets and similar establishments in almost all parts of the country now offer short term stay opportunities to guests.

‘Hosts’ as they are commonly known in tourism industry generally charge guests a daily, weekly or monthly charge for lodgement (or residence) at establishments i.e., bed – and breakfast (B&B). Most online accommodation reservation services, travel agencies and / or marketplaces (home – sharing platforms) that connect people who want accommodation (flights, transportation, and activities) have standard rules. In respect to houses, flats and apartments these are known as ‘house rules.’

Due to the fact that the common law in Zimbabwe draws a distinction between a “contract of letting and hiring” and that of “boarding and lodging”, a guest in a B&B establishment in Zimbabwe is not regarded as a ‘tenant’ but as a lodger. Thus, if a “lodger” fails to follow house rules, and is a nuisance, he or she can be evicted from the house, flat, apartment, room, hotel, motel, inn or guest house.