Kazakhstan Rental Laws: Pro-landlord, Neutral or Pro-tenant?

Kazakhstan landlord and tenant laws are judged by the Global Property Guide to be slightly Pro-Tenant between landlord and tenant. The laws provide tenants with solid protections, especially in residential leases, such as requiring formal eviction procedures and notice periods to prevent arbitrary removals. At the same time, landlords have the right to receive rent, enforce lease terms, and seek eviction through the courts when justified.

Rents: Can landlord and tenant freely agree rents in Kazakhstan?

Yes, in Kazakhstan, landlords and tenants are generally free to agree on rental amounts through mutual consent. This principle is supported by the Civil Code of the Republic of Kazakhstan, which allows parties to a lease agreement to set terms, including rent, as long as they do not violate public policy or mandatory legal provisions.

In Kazakhstan, landlords are legally permitted to raise rent, but this is subject to certain rules and limitations under the country’s Civil Code and Land Code. Rent increases are generally allowed no more than once per year unless the lease agreement allows more frequent adjustments. Any proposed increase must be based on mutual consent between the landlord and the tenant. Without such agreement or a specific clause in the contract allowing a rent raise—such as one tied to inflation rates or currency exchange fluctuations—a landlord cannot impose a higher rent.

Deposits

In practice, for residential rentals, it's common for landlords to request a security deposit equivalent to one month’s rent. For commercial leases, standard practice tends to be a deposit worth two to three months’ rent as a guarantee against damages or maintenance obligations.

While nothing in Kazakh law expressly limits deposit amounts to a certain number of months' rent, customary norms and market practice typically keep them within reasonable bounds. The actual permissible amount should be agreed upon in writing in the lease agreement.

What rights do landlords and tenants have in Kazakhstan, especially as to duration of contract, and eviction?

Lease agreements in Kazakhstan can be concluded for a fixed term (e.g., 1 year, 5 years) or for an indefinite period.

• Fixed-term leases automatically expire at the end of the agreed period unless both parties agree to renew. If the tenant continues using the property without objection from the landlord, the lease may be considered renewed on the same terms.

• Indefinite-term leases may be terminated by either party with advance notice, typically at least one month before termination, unless the contract specifies a different notice period.

Both residential and commercial leases can be long-term. There is no maximum duration set by law, and parties are free to negotiate multi-year or even multi-decade contracts (especially for commercial use or land).

Eviction in Kazakhstan must follow formal legal procedures, and a landlord is not permitted to evict a tenant without cause, especially while a lease agreement remains in effect. A landlord may seek eviction in specific situations such as when the tenant fails to pay rent for a certain period—typically two or three months—violates the terms of the lease through actions like illegal subletting or causing property damage, refuses to vacate after the lease has expired, or repeatedly engages in nuisance behavior or illegal activities on the premises.

If the tenant does not leave voluntarily, eviction usually requires a court decision. In the case of residential leases, summary eviction is not allowed, and landlords must obtain a judicial eviction order. Tenants have the right to receive proper notice before being evicted or having their lease terminated, to contest the eviction in court if they believe it is unjustified, and to be given an appropriate amount of time to vacate the premises, often as determined by the court.

Landlords, in turn, are prohibited from taking matters into their own hands by changing the locks, cutting off utilities, or otherwise attempting to remove a tenant without a court order. They also may not use threats, harassment, or physical force to evict a tenant. All actions must proceed in accordance with legal norms to ensure the protection of both parties' rights.

Legislation

In Kazakhstan, the relationship between landlords and tenants is primarily governed by several key laws. The main source of regulation is the Civil Code of the Republic of Kazakhstan, particularly its Special Part, which outlines the fundamental rules regarding lease agreements. This includes provisions on the rights and obligations of both parties, types of leases such as residential or commercial, the formation and termination of contracts, rent terms, eviction procedures, and responsibilities related to property maintenance.

For residential leases specifically, the Law on Housing Relations also applies. This law addresses issues related to the use of residential premises, the housing rights of citizens, access to social housing, and the maintenance and management of residential properties.

How effective is the legal system in Kazakhstan?

The legal system in Kazakhstan provides a structured and legally sound process for eviction, particularly in residential lease matters. Under the law, landlords must follow formal procedures and cannot evict tenants arbitrarily. Grounds for eviction—such as non-payment of rent, breach of contract, or the expiration of a lease—must be clearly established, and eviction generally requires a court ruling. This system is designed to protect the rights of both landlords and tenants and to prevent unlawful or forced removals.

In practical terms, the effectiveness of the eviction process varies. In major cities such as Almaty, Astana, and Shymkent, the courts tend to be more efficient, and legal services are more accessible, which contributes to smoother handling of such cases. However, eviction proceedings can still take a considerable amount of time, ranging from several weeks to a few months, depending on the complexity of the case and the workload of the court. Even after a landlord obtains a favorable judgment, the actual enforcement of the eviction—carried out by court officials—can be delayed if the tenant refuses to vacate the property voluntarily.

History: Recent changes in landlord and tenant law in Kazakhstan

Kazakhstan has recently undergone important legislative changes that impact the relationship between landlords and tenants, particularly in areas like housing distribution, the rights to privatize rental properties, and how residential buildings are managed.

In November 2024, President Kassym-Jomart Tokayev enacted a wide-ranging reform of the country’s housing policy. This reform aims to strengthen government support for citizens, including resettlers known as “kandas,” by improving access to better housing. One of the key aspects of this reform is the upgrade of Otbasy Bank into a comprehensive development institution. This new role empowers the bank to centrally manage the registration and allocation of housing. 

The reform law also includes measures that enable citizens—such as orphans and other vulnerable groups—to convert their rental housing into private ownership. Those who qualify can obtain these properties either for free, at a reduced residual value, or by paying in installments, as long as they satisfy the conditions set forth in the legislation.