Conflicts between tenants and landlords are among the most common in the neighborhoods of Yaoundé and Douala.
Faced with the government's near impossibility of providing decent housing to its populations,
Private companies are struggling to offer various types of housing to citizens. However,
due to the economic situation, the high unemployment rate and the difficulties of living together,
It very often happens that landlord and tenant look at each other like dogs of failure and sometimes even end up in confrontation.
Most settlements are made amicably and for the rare cases that reach the judge,
the tenant most often faces serious penalties.

The Cameroonian penal code dictates the penalty applicable in cases of rent fraud.
Its article 322 – 1 provides: “Is punishable by imprisonment of six (06) months to three (03) years and
a fine of one hundred thousand (100,000) to three hundred thousand (300,000) francs
or one of these two penalties only, the lessee by lease, duly registered,
of a building, whether built or not, which, owing two (02) months of rent, has neither paid said rent,
nor vacated the building concerned one month after summons to pay or vacate the premises”.


There is a provision in the INTERNATIONAL COVENANT ON CIVIL AND POLITICAL RIGHTS
(a text in force in Cameroon since June 27, 1984),
which specifies in its article 11: “No one may be imprisoned for the sole reason that he is not in
measure to perform a contractual obligation”.
It being understood that the hierarchy of legal standards places conventions and
international treaties above internal laws,
It is therefore clear that in the case of rent fraud,
It is impossible for the tenant to go to jail.

The reason is quite simple, the lease contract which binds the lessor and
the tenant is a contract, and a civil type contract.
Faced with this contradiction in two important texts, the judge of the High Court
is forced to make a choice. Even if the choice may seem obvious,
Parliament will still have to consider these ambivalences.
in the texts for better application of the law.
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