Bahamas Rental Laws: Pro-landlord, Neutral or Pro-tenant?
Bahamian landlord and tenant laws are judged by the Global Property Guide to be Pro-Landlord between landlord and tenant. Rental law in the Bahamas tends to be more landlord-friendly than tenant-friendly, especially compared to countries with extensive tenant protections. While the Bahamas does have some legal protections for tenants—such as preventing unlawful eviction and outlining the proper procedures for lease termination—overall, the law is more lenient towards landlords, allowing them greater control over rental agreements.
Rents: Can landlord and tenant freely agree rents in Bahamas?
In the Bahamas, landlords and tenants generally have the freedom to negotiate rental agreements. While there’s flexibility in the Bahamas for landlords and tenants to negotiate their rental terms, the rental agreement must still comply with basic legal standards to ensure fairness and protect both parties. There are fewer formal regulations or rent controls compared to the US, Canada or most European countries, which means that the terms of the lease—such as the rent amount, duration, and conditions—are largely subject to mutual agreement between the parties.
Deposits
It's common for landlords to request a security deposit (usually equivalent to one or two months' rent) to cover any potential damage or unpaid rent. There’s no strict regulation on the amount, but it should be clearly outlined in the rental agreement.
What rights do landlords and tenants have in Bahamas, especially as to duration of contract, and eviction?
The law requires that landlords follow a formal process if they need to evict a tenant, which involves providing proper notice and, if necessary, going through the legal system to enforce eviction.
In the case of Tenancy at Sufferance, a landlord can summon the police and have the tenant removed immediately. It is not required to obtain a court order before removing the tenant, yet most landlords will bring the tenant to court and sue for uncollected rent. Occasionally, the tenant will summon the landlord to court if s/he feels they were unjustly evicted. However, if it can be determined that the tenant personally received proper notice of rent due and possible eviction if payment is not made, then the landlord will not be convicted.
How effective is the Bahamian legal system?
Bahamian legal system is effective and generally predictable. However, it can also be expensive and time-consuming because of the busy court system; this can make the enforcement of the rights of either party cumbersome.
Legislation
The Landlord and Tenant Act No. 1 ( Ch. 151) and No. 2 (Ch. 152) govern landlord and tenant relations. The Rent Control Act of 1975 applies to dwellings valued less than B$25,000 (1B$=1US$). The International Persons Landholding Act requires foreigners who intend to lease out their property to register with the Bahamas Investment Authority.
