Mauritius Rental Laws: Pro-landlord, Neutral or Pro-tenant?

Mauritius's landlord and tenant laws are judged by the Global Property Guide to be slightly Pro-Tenant between landlord and tenant. Overall, while both parties have protections, the system emphasizes tenant rights and stability in rental agreements, making Mauritius somewhat more pro-tenant in practice, though landlords retain necessary legal tools to manage their properties effectively.

Rents: Can landlord and tenant freely agree rents in Mauritius?

Landlords and tenants can generally agree freely on the rent amount. The rental market operates on the basis of mutual agreement between the parties, and there is no specific law that caps or regulates rental prices for most residential or commercial leases.

Landlords are allowed to raise rent, but such increases are regulated to ensure fairness and transparency. Under the Landlord and Tenant Act 1999, landlords can increase rent under certain conditions. For example, if the landlord faces higher taxes, rates, or service charges related to the property, these additional costs may be passed on to the tenant. Additionally, if the landlord has made significant structural alterations or improvements to the property—not including decoration or minor repairs—they may raise the rent.

Deposits

Landlords usually ask for a security deposit, commonly equivalent to two months’ rent excluding additional charges. This deposit acts as a safeguard against unpaid rent, property damage, or other violations of the lease agreement. It is essential that the deposit amount is clearly specified in the lease contract and cannot be raised during the lease period, even if the contract is renewed.

When the tenant moves out, the landlord must return the full deposit within one month, provided there are no damages or unpaid bills. Any deductions made for repairs must be supported by estimates or invoices.

What rights do landlords and tenants have in Mauritius, especially as to duration of contract and eviction?

Regarding the duration of contracts, leases can be either fixed-term or periodic. Fixed-term leases specify a set period, usually agreed upon by both parties, while periodic leases continue until one party gives notice to terminate. There is no statutory maximum duration for lease agreements, so landlords and tenants are free to negotiate the length of the contract.

When it comes to eviction, landlords must follow legal procedures to remove tenants. A landlord cannot simply evict a tenant without cause or proper notice. Grounds for eviction typically include non-payment of rent, violation of lease terms, or the landlord’s need to repossess the property for personal use or sale. The landlord must issue a formal written notice, and if the tenant does not comply, the landlord can apply to the court for an eviction order.

Tenants have the right to challenge eviction notices in court, ensuring due process is observed. The courts aim to balance the interests of both parties, protecting tenants from arbitrary eviction while allowing landlords to regain possession when justified.

Legislation

In Mauritius, relations between landlords and tenants are primarily governed by the Landlord and Tenant Act 1999.

How effective is the legal system in Mauritius?

The legal system in Mauritius is generally effective in handling eviction cases, but the process can sometimes be slow due to procedural requirements and court backlogs. Evictions must follow formal legal steps, including the issuance of a proper notice to the tenant and, if necessary, obtaining a court order before the landlord can regain possession of the property. This ensures tenants are protected from unlawful or arbitrary eviction.

While the courts aim to balance the rights of both landlords and tenants, tenants do have the opportunity to contest eviction orders, which can extend the timeline. Enforcement of eviction orders is overseen by court officers, and landlords must comply with the legal process to avoid penalties.

Brief history: Recent changes in landlord and tenant law in Mauritius

Recent updates to landlord and tenant laws in Mauritius have brought important reforms focused on improving fairness and transparency in rental agreements. In particular, the Landlord and Tenant (Amendment) Act 2022 (No. 1 of 2022) extended the protections of the Landlord and Tenant Act 1999 to cover business premises leased on or before July 1, 2005, until June 30, 2022. This extension allowed tenants to maintain eviction protections and ensured that any disputes could be resolved within the existing legal framework.

Furthermore, the Landlord and Tenant (Amendment) Act 2020 brought changes to the jurisdiction of the Fair Rent Tribunal. Starting January 1, 2021, the Tribunal no longer accepts new applications for determining market rent. These cases are now handled by the District Court, which simplifies the process and better integrates it into the overall judicial system.