Basic rights of a Kenyan tenant
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Many tenants in Kenya are not aware of tenants rights hence they continue to be taken advantage of and harassed by their landlords. The tenants choose to stay and suffer due to lack of enough and affordable housing, especially in Nairobi. Tenancy is no longer a choice BUTÂ this should not be the case. Tenants rights in Kenya are made to help tenants tackle any problem with confidence and make their voices to be heard. These rights are active from the time you start looking for a house, when you identify your ideal house, when paying the deposit till when you decide to move out. AÂ real estate agent confessed that Kenyans will continue to suffer in the hands of landlords as long as they don’t know their rights and they stay desperate. Below are the basic rights you need to know as a tenant which have been classified into 3 stages:
- When searching for a house
- When moving in
- When moving out
When searching for a house
During this stage, you must know that you have the right to live at any place of your interest no matter your age, sex, race, occupation, religion, mental state or any kind of group people are identified with. Even though some properties have their own gender-specific, knowing your rights help you argue your point.
When moving in
- Tenants rights when getting into a new house
When getting into a new house, you have the right to raise an issue with the property. Make sure that you read carefully the tenancy agreement document before signing it or even ask for help from a professional who can explain it in details
  2.  Right to habitable house
It is your right as a tenant to live in a place that you feel is safe and comfortable. The landlord should maintain the property leaving it in a good condition for people to live in. it is the duty of the landlord to repair and fix all the issues before moving in or as soon as you report the issue
  3.  Right to maintenance
Most tenants in Kenya don’t know that they have a right to ask their tenants to fix issues in the property. Any repairs in the house should be done by the landlords to avoid making changes in the house leading to the reduction of the deposit you paid when moving in the house.
   4.  Tenants rights to privacy
Once you pay for your house, that property no longer belongs to the landlord. This means that he or she has no right to enter your house without your permission. Emergencies are the only exception in which you are in need of help.
   5.  Tenants right to safety
As mentioned earlier, the landlord owes you the right to a safe environment. This is the most important right that you have as a tenant. This includes making sure all windows, doors, gates are in good condition such that only the authorized can get in. You can also recommend a gateman who will be watching and making sure you are safe
When moving out
   6.  Right of the tenant to get the deposit back
Most tenants when moving out don’t get their deposit back and are forced to move out without the deposit or ‘’sit on it’’. You have the right to get your deposit back and if not the whole amount, inquire how the missing amount was spent. However, this depends on the agreement document signed while moving in
   7.   Right to know the cause of your evictionÂ
If a tenant tells you to move out, you have the right to know the reason behind your eviction. This is especially if the lease is not over. If there is an issue, you can try to solve the issue until the end of your lease.
   8.  Tenant right to end lease agreement
Depending on the lease agreement, you have the right to issue a notice and move out. If you are no longer comfortable with the place you are residing and the landlord is not listening to your complaints, you can move out without any worries.
Knowing your rights as a tenant is a step forward to living a stress-free life in your house. Carefully read every document issued to you by your landlord before signing it to avoid regrets. Stand firm for your rights as a tenant.
You can move a step further and check the top Nairobi Houses for Sale.
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The SkyWay Apartment For Sale in Kileleshwa
65 comments
Josephat
That’s good but is it in order for your landlord to lock your door when you have a one month rent arrears and you have promised him the date you should pay?
freshia
no, as per the kenyan law, the landlord should give you an additional 30 days after your rent is due, however, after the 30 days are over he is allowed to evict you
Anonymous
No,I don’t think the landlord has any right to do so because if at all you used to pay comfortably and fail in one month doesn’t amount to lock you out
Hillary
Is it a must for landlord to hold your properties in the name of you must clear the deposit before moving out. No rent arrears I have have and also no document I have signed
Freshia Njeri
no that is not right….read this article for better understanding https://commercialpropertykenya.com/your-right-as-a-tenant-when-you-are-evicted-this-corona-period/
Peter manyonge
The had time came the time I lost my job, but before I was paying her house rent now she has decided to lock me and family outside
Anonymous
Can a landlord refuse with de posit and still charge you for repairs
Freshia Njeri
no, the deposit is supposed to pay for the repairs
Evans Murithi
I have an issue with electricity and raised the issue with the landlord but he doesn’t want to help how do i go about it where do i even report because the police can’t really help much.
Anonymous
Is it right for the landlord to charge fees for the tenancy agreement?
Freshia Njeri
some of the fees by landlords are just scams….no you should not pay anything in the name of tenancy agreement
Anonymous
Is it fair for a landlord to lock your door at the middle of the month just because the paying date has passed with a few days?? Does he have the right to kick me??
Freshia Njeri
no he does not have the right. most of the landlords will lock your door on failure to pay rent by the due date. this is against the law which states that a tenant should be given an additional of 30 days to pay…after those 30 days, then he may lock your door or evict you.
also remember to read and understand lease agreements before you sign since most of them have rent due dates and their penalties, which may work against you
virginia
Today on 19th/9/2021 we had an issue of electricity..and I decided to call the landlord coz landlady’s phone was off..after the lady came back she was furious that I reached his husband for the issue..so finally she told me to look for house by next month ..which law should i use
Freshia Njeri
This is not right and you have the right as a tenant to sue the landlord since the eviction is not legal. according to the law of Kenya. all evictions should follow the law, not when the landlord or caretaker feels like it. However, you can also choose to sit and solve the issue since taking the case to court may drain you financially and also take a while before the case is solved.
tony
who has the right to do normal repairs and maintenance in the rented house: like replacing circuit breakers, sockets etc
Superhum
How about a landlord who lets you in the house,after about a week he asks for your phone number,ID no.and the name.
After about 3 or 4 months he asks for a copy of the national ID,…I am worried some may use tenants IDs to obtain loans.
Is it legal for a landlord to have a tenants copy of National ID card ?
Anonymous
I was a student at machakos ..and was in industrial attachment before the closure of hotels .its now 15months since i haven’t paid my rent ..my landlord is holding my stuff and my documents. he has refused to give them to me ..i cant get employed without proof of my studies ..kindly help
Odera
If your property (car) get damaged in the place you live and the landlord refuses to show you the CCTV footage to see who/what caused the damage, should you hold the landlord responsible for the damage?
Gibson
My landlady is threatening my wife and told us to vacate by date 5 of November 2021.
Is this right and I only have her rent debt of last month ???
Emma
I have rent arrears and I’m unable to pay,the amount keeps on increasing, what can I do?
Zaida Baraza
My landlord locked me out and later broke into my house and confiscated my household items and said she does not recognize me but my husband who signed the tenancy agreement. Is that lawful?
Kiprono Kilel
Can one operate a a warehouse in an estate?
James
My landlord increased my rent and threatening to evict me from the apartment with my wife and kid on my rent due date because I refused to pay the amount she requested for. Is that legal?
And what can I do?
Peter ooko
I have only a rent of 1 month and agent telling me to come out else throwing my properties out is this right
Anonymous
Wanted to vacate and was told the deposit can’t be refunded since i asked when it’s late,so I had to pay and was promised my deposit will be refunded on 30th of the month,so I paid and now it’s past end month still asking for my deposit all they tell me is that I remove my households so that my deposit can be sent to me.
Kelvin
Landlord told me to vacate next month due to querl between caretaker’s wife and my wife
Anonymous
What happens when you are unable to pay your house rent, it gets locked for some months and the landlord decides to break in and hold your property. Then after holding the property for another several months, now the tenant goes for his/her property. Are there monthly charging for the holding period?
Anonymous
What about water from borehole that is untreated
And poor security procedures
Spencer
I gave a notice to vacate on Jan end of the month to the landlord instead of the agent. In the meantime I had no cash we made an agreement I pay the arrears on 2nd Wednesday 2022,Talking to him he is insisting I ahould pay the whole months rent and he has locked the house. I was forced to lodge tonight.
Judy
My caretaker is telling me to vacate due to late payment of rent..
Alina Pendo
An Auctioneer came to my house and took everything from my house property worth 960,000 because of a rent arrers of 27,000 i took the matter to a tribunal court and a court order was issued i served them and they returned nothing what should i do.
Florence
The caretaker has been frustrating me ever since and she hates me so much she even Denise me tap water which I pay for ,she messes with my electricity, she falsely accuse me all the time to the agents and the agent supports her…if I raise an issue of repairs the told me to do it myself,,, yesterday on 27 February 2022 the agent texted me on WhatsApp to evict the building before 5th march 2022 for the door to be repaired which can actually be repaired when I’m inside the house … Lemme copy paste the text “”Dear madamFlorence , please don’t pay rent for March towards us, kindly vacate to pave way for your hse renovation since the condition of the hse is not good at all by 3rd of March to 5th of March 2022 hope you will have vacated regards””
Peris
Hi I shifted to my new house in 1st February and sincethen the lady acting as the care taker/landlady has been abusing me and also denying my son to play in the compound. Also I have told them I’m shifting by the end of the month that is end of March 2021. But about the deposit she has said she will check the house first then refund of which I’m not sure if she will refund. Such a scenario where am I suppose to report first so that I can get my deposit.
Abigael
We paid rent and the message was misplaced cz we used a different number . The agent came and locked the house and threw my kids out and it was raining is it right? Where can I report this?
Anonymous
Get a copy of the message from your service provider that you used
Anonymous
I asked the care taker for the keys and failed to give me to open the tap and fetch water, so I decided to cut it, is this unlawful?
Ken
How often should the landlord do maintenance on his/her residential house?
Stacey
My caretaker is harrasing me and claiming to have given an eviction notice of which its not true n has no evidence of such…to the extent she comes with her husband n extra muscle to claim they can even evict me that tym with no false claims of eviction since its not a financial issue n I have all the evidence to back me up n the landlords bn brainwashed by her what to do
Habby james
Is it right for the landlady to refuse with ur document becoz of arrears inccured and also having removed my things from the house…..
I have tried to ask her to give me at least my education document, birth certificates etc ..but she has refused siting the case is with the tribunal
Anonymous
If am given three months notice to vacate from business premises am I supposed to pay rent for that period of notice?
Mathew
Hi!my house is locked,I moved to another place n well the caretaker has my money n has refused to give me n my belongings locked for 2months n the agents still I will continue paying rent,I have arrears n ready to pay but not the rent, pliz help
Mathewmwangi
Hi!my house is locked,I moved to another place n well the caretaker has my money n has refused to give me n my belongings locked for 2months n the agents still I will continue paying rent,I have arrears n ready to pay but not the rent, pliz help
Micah Ndurumo
My new agent lock my house date 11 just because i have not pay my rent and he is asking for my property so that can stand for before getting money on tuesday next week please assist
Michael
What can I do when a landlord switches off electricity and water due to late payment of rent
Irene
My landlord changed the management less than a month after I have moved in and the agreement I was given by the Agent is not what we agreed on before I agreed to take the house I live in.
What am I supposed to do??? cause I am not going to sign the new agreement which also indicate locking my house incase of delayed payment…
Anonymous
Are you supposed to pay full rent amount if you vacate in the middle of the month?
Anonymous
Mine is a question I had an emergency so I want to shift on the agreement you had to give a one month notice ,the problem is they are insisting I pay first and I’m telling them since they have my deposit they are not supposed to deny me from shifting kindly advise
Anonymous
remember you pay to stay not the other way round…you dont have any arrears at all…
Hilda
My sister lives in Westland and wen the time came to move out they refused to allow her to move out yet they have her deposit of 80k yet they still demand her give them another 40k is that really fare
Dennis
Are the agents and caretaker have a right to lock my house then a week later broke into my house and threw my belongings out because had failed to pay arrears of 1000 plus this month fee?Can I sue them in this case?
Phil
Can painting of an house go past 2k and further more,when I got in the house was not painted. Also the house had poor ventilation condition. So after moving out they charged me 5k for repairs 4500 for painting and 500 water bill. I feel robbed ??
Charles kioko
Am not payed the rent 2 months but agents was locked my house what can I do inthe law
Anonymous
I went to watch game last night then come back after the game bt to my surprise my door was locked..was it fair
George Omondi
It’s just yesterday when my door was locked for failing to clear my rent on 10th at the same time refused to deduct for me the amount I spent on repairs.. what is the way forward?
Anonymous
An agent has refused with my deposit, can I be helped.
Anonymous
What can I do if the landlord is refusing for me to move out yet I have no rent unpaid and my deposit is still intact. They are claiming I need to pay this month’s rent yet I don’t have it and It’s just the beginning of the month.
Anonymous
What if they landlord has locked and you’ve been in the house for four days ,and when asking them to open the demand payment ,id it legal to lock someone in
Kristin
Why would a landlord refuse to give back the deposit when moving out and have paid all the bills and agreed to refund and 6 months down the line he hasn’t paid neither does he pick calls or respond to my msges,but he’s just there
Anonymous
Landlord has refused to pay back my deposit despite having cleared my bills 6months down the line.
He had promised to send thro mpesa, but he doesn’t pick my calls nor answer msges,but he’s there.
He kept promising ,but went silent and I badly needed the cash coz it’s mine and u owe him nothing.
Wat am I supposed to do?
Anonymous
Hi my question is am a tenant… N I own the landlord some money, he sent a notice for us to vacate his rentals, gave a notice of 1 month now that am I have been an able to raise the money in the given time he doesn’t want me to vacate, am promising to pay the arears in the next 2 months.. Should I report the matter or what am I supposed to do
Joyce
Hi my question is am a tenant… N I own the landlord some money, he sent a notice for us to vacate his rentals, gave a notice of 1 month now that am I have been an able to raise the money in the given time he doesn’t want me to vacate, am promising to pay the arears in the next 2 months.. Should I report the matter or what am I supposed to do
Anonymous
My landlord wants me to move out without a notice because of some issues with electricity bill which came abnormally, and we do share a metter among the 3of us, is this lawful?
Sheila
Hi am in a house that I pay 12,000 per month and water is separate now my issue the house contain moles no vetentilation its build in away that you can’t have open the windows at times breathing is a problem please help coz this houses are poorly constructed. He is constructing more of the same design
Antonio
Is it legal for the landlord to increase 200% rent in a 90 day notice ?