What are the rules for residential leases in Ivory Coast?
Written agreement by which a lessor leases a residential property, which must be registered with the tax authorities. The lessor may not demand more than 2 months' rent in advance, and the security deposit may not exceed 2 months' rent.
Definition complete
Legal Definition
The residential lease contract is governed by Law No. 2019-576 of June 26, 2019 (Construction and Housing Code, Articles 408-456). It is the contract by which the landlord undertakes to allow the tenant to occupy a building or premises for residential use for a certain period of time, in exchange for rent.
Essential Rules
Form and Registration (Article 414)
- The contract must be in writing
- It may be for a fixed or indefinite term
- It must be registered with the tax administration
Advance Rent (Article 415)
- The landlord may not demand payment of more than 2 months' rent in advance
- Any additional advance payment must be declared to the tax administration and constitutes a tax violation
Security Deposit (Article 416)
- May not exceed 2 months' rent
- Joint condition report mandatory at entry and exit
- The deposit does not bear interest
- Reimbursement within 1 month after return of keys
Rent (Articles 421-425)
- Set taking into account market value
- Paid monthly
- Reviewable upward or downward every 3 years
- The landlord must provide a receipt to the tenant
Tenant Charges (Article 417)
Only the following may be charged to the tenant: consumption of energy/water/gas, routine maintenance, minor repairs, and taxes related to the use of the dwelling.
Exemple concret
Aya rented an apartment in Cocody. Her landlord was asking for 6 months' rent in advance, but the law limits the advance to a maximum of 2 months. Thanks to Capital Foncier's advice, she was able to assert her rights and paid only 2 months' advance plus 2 months' security deposit.
Sources juridiques
Loi n°2019-576 du 26 juin 2019 instituant le Code de la Construction et de l'Habitat, Articles 408-425.
Questions frequentes
How many months of advance rent can a landlord demand?
Is the security deposit mandatory?
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Autres termes du glossaire
The ADU (Attestation de Droit d'Usage Coutumier / Customary Right of Use Certificate) is the single, secure document that replaces the former Village Certificate as of January 1, 2025. Established by Decree No. 2021-784 and secured by the SIGFU (Decree No. 2021-862), it requires a triple signature (village chief, CVGFR president, developer) and a unique IDUFCI. The ADU is not a property title: it constitutes a provisional recognition opening the path to the ACD (Arrêté de Concession Définitive / Definitive Concession Decree) — the ACD published in the Land Register IS the Land Title. In practice, the time between ACD signature and its publication in the Land Register is often longer than the official 180 calendar days (BÂTIR N°004, 2022). Published ACD = published Land Title — same legal deed, two stages.
The Rural Land Agency (AFOR — Agence Foncière Rurale) is the public institution responsible for implementing rural land policy in Ivory Coast. It oversees land certification, registration of rural properties, and coordination of boundary demarcation and surveying operations.
Legal document drafted by a notary that formalizes the transfer of land ownership between a seller and a buyer. The notarized deed of sale is mandatory and confers authenticity on the transaction.
Legal entity that must be established with a minimum share capital of 2 million FCFA held by Ivorian nationals, holding an approval from the Minister responsible for Housing and a financial guarantee from a bank or insurance company.
The alienation price is the sum that the buyer must pay to the State to obtain the Definitive Concession (ACD — Arrêté de Concession Définitive) of urban land. Calculated by an ad hoc commission, it corresponds to the market value of the parcel according to the official schedule.