Landlord and tenant laws

The Landlord and Tenant Act regulates the relationship between landlords and tenants, ensuring stability in the rental sector. In Kenya, this relationship is governed by the Landlord and Tenant Act, which aims to balance the interests of both parties—allowing landlords to earn a reasonable return while protecting tenants from exploitation. The Act also provides mechanisms for resolving disputes and outlines rights and obligations for both landlords and tenants.

Below are key points covered by the Act:

Tenancy Agreements

The Act recognizes both written and verbal tenancy agreements. However, written agreements are preferable to avoid misunderstandings. A tenancy contract should clearly state essential terms such as rent amount, payment frequency, lease duration, and other important conditions.

Rent Payment

Rent payment terms must be agreed upon by both the landlord and the tenant. Section 18 of the Act stipulates procedures for rent increases or decreases. Landlords cannot arbitrarily increase rent; they must provide tenants with at least three months' notice. Rent increments may occur due to the following reasons:

• The landlord incurs capital expenditure.
• Inflation affects the economy.
• Additional services are provided to the premises.
• Land rates increase or become chargeable.

Security Deposits

Before moving in, tenants may be required to pay a security deposit. This deposit should be refunded at the end of the tenancy, minus any deductions for unpaid rent or damage beyond normal wear and tear. While the Act does not specify an exact amount, it must be reasonable.

Repairs and Maintenance

Landlords are responsible for maintaining habitable living conditions. This includes ensuring the structural integrity of the building, providing essential services (such as water and electricity), and addressing necessary repairs. However, tenants are also expected to take care of the property and report damages promptly.

Termination of Tenancy

The Act outlines the procedures for terminating a tenancy. The required notice period depends on the lease terms:

• If the lease has no fixed duration, a three-month notice period is standard.
• If the lease has a fixed duration, the notice period is determined by the agreement.

Eviction

A landlord can initiate eviction if a tenant breaches the lease terms. However, eviction must follow legal procedures, and a court order is required.

It is essential to be aware of additional county or city-level regulations that may apply. Consulting local authorities or legal professionals ensures compliance with all relevant laws and protects the rights of both landlords and tenants.