Kenya: Landlord and Tenant
Country Rating » 
In Depth
- Overview
- Taxes and Costs
- Buying Guide
- Landlord and Tenant
- Inheritance
- Living There
- Country Statistics
Directory
Global Statistics
Regional Statistics
- Sq. M. Prices
- Rental Yields
- Rents
- Price/Rent Ratio
- Buy/Sell Costs
- Rental Income Tax
- Capital Gains Tax
- Landlord & Tenant Law
- GDP Per Capita
- GDP/Cap Growth 1 yr
- GDP/Cap Growth 5 yrs
- Economic Freedom
- Ec. Freedom 5 yrs
- Competitiveness
- Property Rights Index
- Currency +/- Value
Landlord's rights are strong in Kenya
Kenyan rental market practice is PRO-LANDLORD.
Rents: Can landlord and tenant freely agree rents in Kenya?
There is no rent control, except for units with a monthly rent below KES 2,500 (US$35) as of January 1, 1981.
Deposits
Prior to occupancy, the tenant normally pays a quarter’s rent in advance and an additional one month’s rent as security deposit (rental payments are usually made quarterly). The deposit is refunded if the property is returned in its original condition at the end of the contract.
What rights do landlords and tenants have in Kenya, especially as to duration of contract, and eviction?
Long-term rentals usually last for one to two years. If the landlord or the tenant decides to terminate before the contract’s expiration, a notice must be served three months prior to vacancy.
The landlord can seize the tenant’s possessions if the tenant is unable to pay rent, under the Distress for Rent Act (Cap 293). The tenant must pay within 14 days or else the things will be auctioned to compensate the landlord.
How effective is the Kenyan legal system?
Under the law, only the courts can order an eviction of tenants. But in practice, landlords carry out evictions themselves, due to lack of any other forum for hearing disputes.
Landlord and tenant disputes can be heard by Rent Restriction Tribunals, though in theory, their authority is limited only to rent-controlled units. But most the cost of bringing cases to the tribunal discourages their use. Another problem is the backlog of cases in the tribunals. The lack of a proper forum for hearing disputes works in favor of landlords.
Some landlord and tenant disputes are mediated in community based organizations or the office of the Provincial Administration; but agreements here are not binding.
EVICTION FOR NON-PAYMENT OF RENT |
|
| Duration until completion of service of process | 12 |
| Duration of trial | 122 |
| Duration of enforcement | 121 |
| Total Days to Evict Tenant | 255 |
| The Lex Mundi Project | |
Legislation
The Registered Land Act requires landlords to keep premises fit for habitation. The Landlord and Tenant (shops, hotels and catering establishments) Act (Cap 301) covers commercial leases, however, some of its provisions are sometimes used for residential dwellings. The Distress for Rent Act (Cap 293) allows landlords to auction the possessions of the tenants for compensation. The Indian Transfer of Property Act requires landlords to disclose defects in the rental unit. The Rent Restriction Act, (Cap. 296 of the Laws of Kenya) provides rent control for units with monthly rent not exceeding KES 2,500 (US$34.57) as of January 1, 1981.
Kenya - more data and information
Post a comment
Subscribe to our Newsletter!
Enter your email address to sign up.
Your Comments
posted by Peter Gitau | 2007-03-21
Security Supplies, Mamlaka Road
Can a lawyer serve a Distress letter and at the same time distrain goods?
posted by Matthew Pollock | 2007-03-25
Editor, Global Property Guide
Can any Kenyan lawyers out there answer Peter?
posted by S.A.SAID | 2007-09-07
Businessman, THIKA
I would like to find out if a landlord is allowed to encrease rent to about 80% for a godown. Also the last rent encrease was just 2 and half years ago and it was 40%. I am in this premises for the last 22 years and the landlord has not spent a single cent for anything during this period.They have not painted the place, floor repairs, plumbing masonry or any other work. Please advice before I engage a lawyer and please advice what kind of a lawyer is recommended fdor this kind of work.
posted by AMOS KAMAU | 2007-10-18
College Tutor., Nakuru
Is there a prescribed limit by which the rent should be increased per annum by the Landlord and before such an increase what should be the duration of the notice in order for the tenant to respond to the increament. Please advice, urgent.
posted by Albana | 2008-01-11
Receptionist, Toronto, Canada
I am looking forward to find Mr. Amos Kamau's email address.
posted by Valerie Otieno | 2008-01-22
Researcher, Nairobi
The lease with my landlord is annual,in November of 2007,he gave a notice for an increment in garbage collection which was on the higher side.On calling for a meeting with the other tenants,i was served with a months eviction notice for incitement.Don't tenants have a right to meet and discuss issues affecting them? Do i ignore the notice or have to vacate for false allegations?Now that am not in category ofthe protected tenant does that mean my landlord has more rights than i do?