Rights and Responsibilities of Landlords under this Act in Kenya.
1. Right to collect rent
Landlords should be able to receive rent from their tenants at the end of the month or as they agreed for that lease.
2. Right to a peaceful environment
Tenants should maintain a calm environment at all times for the sake of their neighbors.
3. Right to initiate eviction
A tenant who fails to keep their agreement can get evicted or notified by the landlord to leave. For example, failure to pay rent/ on time or disturbing other tenants.
4. Right to frequent scouting of the premises
The landlord has a right to visit and inspect the premises frequently or as discussed with the tenants.
Responsibilities
1. Landlords should maintain their properties and perform checks to ensure they are habitable. They should also ensure they are in good condition.
2. Landlords are expected to pay taxes for their property by the authorities. This usually depends on the value of their said property and the category or tax bracket they fall under.
3. Landlords have a responsibility to keep the tenants' personal information confidential. They should not share it or use it for other purposes without the tenants’ consent. They are also not supposed to collect unnecessary information. If they break confidentiality, they are liable to pay damages to the tenants among others.
4. Landlords are supposed to follow all legal requirements as required by relevant laws. They should adhere to all rental property laws as set by relevant authorities. They should also have all the necessary licenses and permits required to manage their properties.
Landlords should always remain true and dutiful to their tenants. In case of a damaged item e.g. broken hinge, the landlord is supposed to respond immediately to the complaint. This makes sure that the tenant is living under the right conditions. This also prevents further loss to the tenant.
Rights and responsibilities of tenants
1. Right to a calm environment
Tenants have a right to experience a calm and quiet environment while residing. They should live without any form of disaster caused by the landlord or their neighbors.
2. Right to Privacy and Security
Landlords should ensure the premises are secure for living. They should also provide the tenants with the privacy they need.
3. Right to a written agreement
The tenant should get a written agreement from the landlord before the lease begins. This agreement has conditions that the tenant should observe while staying on the premises and any other policies.
4. Right to repairs and maintenance
Landlords should make repairs and maintain their property to make it safe for living.
5. Right to solve disputes
Tenants have a right to seek legal action in case of a dispute through courts or the tribunal.
5. Right to fair rent
Landlords should charge a reasonable amount of rent. They should not hike prices without prior notice to the tenant.
Responsibilities
1. Tenants have a responsibility to maintain and use the property properly. They should not disrupt the premises.
2. Tenants have a responsibility to pay rent to the landlord as the property guidelines require them to. They should also ensure to pay rent on time.
3. Tenants should ensure they always follow the conditions of their tenancy agreement. For example, abiding by any house rules the landlord might have set. Some of the landlords ban tenants from keeping pets while on their property.
4. Tenants also have to keep an active record of all the documents exchanged between them and the landlord, e.g. rent receipts.
