How to evict a tenant lawfully in Uganda
In brief
Since 17 June 2022, evictions are governed by the Landlord and Tenant Act, Cap. 238 (2023 Revision). A tenancy may only be terminated in accordance with the Act or the tenancy agreement (s.34); residential tenancies carry minimum termination notice of 7 days (weekly), 30 days (monthly) or 60 days (year-to-year) (s.38(2)). If the tenant does not vacate after lawful termination, the Act lets the landlord re-enter and take possession — but only in the presence of the area local council officials and the police (s.43). Evicting in contravention of the Act exposes the landlord to court relief or relief equivalent to three months' rent, plus damages (s.45).
1. Governing law
The Landlord and Tenant Act, Cap. 238 (2023 Revision) — Act 9 of 2022, commenced 17 June 2022 — applies to the letting of residential and business premises (s.1(1)), excluding hotels and other transient lodging and employment-tied occupancy (s.1(3)). Termination is regulated by s.34; the residential notice floor in s.38(2) cannot be contracted below (a lesser contractual notice period is void, s.38(4)), though a longer one may be agreed (s.38(3)). For rent default, the landlord may sue for the arrears in a court of competent jurisdiction — which includes local council courts (ss.29(1), 2(1)) — and where the default exceeds thirty days the landlord is entitled to re-enter in the presence of an area local council official and the police (s.29(2)). Where a tenant refuses to vacate after a notice of termination, s.43 permits re-entry and repossession in the presence of the area local council officials and the police. A tenant evicted in contravention of the Act may seek relief from court or relief equivalent to three months' rent (s.45(2)), with compensation for damages where the court finds the landlord liable (s.45(3)); a successfully challenged termination can lead to reinstatement of the tenancy (s.41(2)). Note the separate regimes this guide does not cover: court-ordered evictions and demolitions follow the Constitution (Land Evictions) (Practice) Directions, 2021 (90–120 days' notice), and lawful or bona fide occupants of registered land can only be evicted by court order for non-payment of ground rent under s.33 of the Land Act, Cap. 236. Statutory text verified against the consolidated Laws of Uganda as at 31 December 2023. Sourced from the Uganda Legal Information Institute (ulii.org).
2. Key statutes & rules
- Landlord and Tenant Act, Cap. 238 (2023 Revision) — s.34 (termination only under the Act or the agreement); s.38(2)–(4) (residential notice: 7/30/60 days; lesser contractual notice void); s.29 (rent default: suit for arrears; re-entry after 30 days' default with LC official and police; small-claims rules apply within the limit); s.43 (re-entry on refusal to vacate, in the presence of area LC officials and police); s.45 (unlawful eviction: court relief or relief equivalent to three months' rent, plus damages); s.41(2) (court may order reinstatement where termination is successfully challenged); s.42 (accepting arrears after notice does not invalidate the notice); s.30 (security deposit capped at one month's rent or one-twelfth of annual rent, whichever is less); s.26 (rent increases: at least 60 days' notice, maximum 10% annually unless otherwise agreed); s.48 (landlord entry on at least twenty hours' written notice; contravention is an offence).
- Constitution (Land Evictions) (Practice) Directions, 2021 (Legal Notice No. 2 of 2021) — court-issued eviction or demolition orders require 90 to 120 days' notice (para. 9). These Directions govern court-ordered evictions, not the contractual termination notice under the Act.
- Land Act, Cap. 236 (2023 Revision) — s.33 (lawful and bona fide occupants may only be evicted by court order, and only for non-payment of the annual nominal ground rent, with at least six months to vacate) — a different regime from tenancies under the Landlord and Tenant Act.
3. Practical guidance
Confirm the Act applies: the tenancy must be of residential or business premises (s.1(1)), not transient lodging or employment-tied housing (s.1(3)), and check what the written tenancy agreement says about termination (a tenancy of UGX 500,000 or more must be in writing to be enforceable, s.4).
Establish a lawful ground and route: either termination in accordance with the Act or the agreement (s.34), or the rent default route under s.29.
Serve a written notice of termination giving at least the statutory minimum for residential tenancies — 7 days for a weekly tenancy, 30 days for a monthly tenancy, 60 days for a tenancy from year to year (s.38(2)). For business premises, follow the agreement and the Act; the s.38(2) table is expressly residential.
Keep proof of service of the notice, and do not worry about accepting rent arrears after serving it — acceptance of arrears does not invalidate the notice (s.42).
For rent default: sue for the arrears in a court of competent jurisdiction, including a local council court (s.29(1)); the Judicature (Small Claims Procedure) Rules apply within the small-claims limit (s.29(4)). Where the default has continued beyond thirty days, the Act entitles you to re-enter and take possession — in the presence of an area local council official and the police (s.29(2)).
If the tenant does not vacate on the date in the termination notice, re-enter and take possession only in the presence of the area local council officials and the police (s.43) — never by locking out, removing property or cutting utilities on your own.
If the eviction is disputed or resistance is expected, take the dispute to court instead and execute through the court — court-ordered evictions carry their own notice regime of 90 to 120 days under the Constitution (Land Evictions) (Practice) Directions, 2021.
Return the security deposit position lawfully: the deposit is capped (s.30(2)) and cannot be withheld for normal wear and tear (s.30(4)).
This note is a practitioner orientation, not legal advice, and does not create an advocate–client relationship. Ugandan law changes and chapter and section numbers were revised in the 2023 Laws of Uganda. Verify every statute, rule and authority against the current primary source — and the specific facts of your matter — before filing or relying on it.