LANDLORD & TENANT

What can I do if a guest won’t leave?

If a guest won’t leave your apartment, chalet, camping site, cottage, flat, houseboat, hotel, inn, guest house, motel, room or similar establishment, it is advisable for you to immediately obtain legal advice from a duly registered legal practitioner. It is also advisable to contact Zimbabwe Republic Police (‘ZRP’).

It is important however to note that in terms of the common law in Zimbabwe, there is no contract of letting or hiring that exists between a proprietor of a bed and breakfast (‘B&B’) or short term stay accommodation provider. There is a special contract of boarding and lodging in terms of which the guest is entitled to stay at the ‘residence’ in terms of the special contract.

Accordingly, a guest who checks into an establishment in Zimbabwe is not and cannot be regarded as a tenant, but rather a lodger. Thus, the law relating to landlord and tenant rights and obligations will not apply. Instead, the common law of board and lodging applies. It would be advisable therefore to contact an experienced legal practitioner with knowledge on the law of board and lodging and / or travel and hospitality. This could be in the form of a physical or virtual consultation. It is also possible to obtain a legal opinion which will guide you through the entire process.

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