Tenancy or lease renewal in Botswana
Renewing a tenancy or lease agreement in Botswana typically involves reviewing the existing contract terms and negotiating new terms with the landlord. This process formalizes the continuation of the rental arrangement for an additional period.
It is generally advisable for tenants and landlords to begin discussions about renewing a lease agreement several months before the current lease expires. This allows sufficient time for negotiation of new terms, agreement on rent adjustments, and preparation of a new contract. Early discussion also provides ample notice if either party decides not to renew, allowing the tenant to find new accommodation or the landlord to find a new tenant without undue pressure.
Start 90 days ahead
This lead time allows for negotiation, drafting of new terms, and signing, reducing last-minute stress for both parties.
The process
- 1Review the existing tenancy or lease agreement to understand current terms, renewal clauses, and notice periods.
- 2Initiate communication with the landlord or tenant to express interest in renewing the lease.
- 3Negotiate new terms, which may include rent adjustments, duration of the new lease, and any other changes to the original agreement.
- 4Once terms are agreed upon, draft a new lease agreement or an addendum to the existing one reflecting the updated terms.
- 5Review the new document carefully to ensure all agreed-upon terms are accurately captured.
- 6Sign the new lease agreement or addendum, ensuring all parties receive a copy.
What to bring
- Current tenancy or lease agreement
- Identification documents for all parties involved (e.g., National Identity Card/Omang, passport)
Who handles it
The legal framework for tenancy and lease agreements in Botswana is governed by general contract law, primarily the Common Law as applied in Botswana, rather than a specific dedicated housing authority for lease renewals.
There is typically no official government fee for renewing a private tenancy or lease agreement in Botswana. However, parties may incur costs for legal services if they choose to have a lawyer draft or review the new agreement. Stamp duty may be payable on the renewed lease agreement, depending on its terms and duration; this should be confirmed with the Botswana Unified Revenue Service (BURS).
What commonly goes wrong
- Ensure all new terms, especially rent adjustments and lease duration, are clearly stipulated in the renewed agreement.
- Do not assume automatic renewal; formal communication and documentation are crucial.
- Be aware of any clauses in the original lease that specify conditions or notice periods for renewal or non-renewal.
- Consider having the renewed agreement professionally reviewed, especially if significant changes are made or if the original agreement was complex.
Sources
This guide is based on one official source.
Other documents in Botswana
Tenancy or lease renewal in other countries
Often renewed together
Don't rely on remembering
Add this document to Duratum and we'll tell you when to start, and remind you before it matters.