The Landlord and tenant act is used to regulate the relationship between landlords and tenants hence promoting stability in the rental sector. The Kenyan landlord and tenant relationship is governed by the Landlord and Tenant Act of the Laws of Kenya. The goal is to balance the interests of the tenants and landlords by ensuring landlords earn a reasonable outcome and the tenant's protection from manipulation. It provides adjudication of disputes and connections. The Landlord and Tenant Act provides regulations and guidelines for the rights and obligations of landlords and tenants in Kenya. Here are some key points covered by the act:
Tenancy Agreements
The act recognizes both written and verbal tenancy agreements, though it is usually best to have written agreements to avoid problems. The contract should clearly state the terms and conditions of the tenancy, like the price of rent, how often it should be paid, how long the lease will last, and any other important details.
Rent Payment
Rent payment must be determined by a mutual agreement between the landlord and the tenant. A procedure must be followed for an increase or decrease in rent. This is in accordance to section 18 of the bill. The act sets rules for paying rent and makes it illegal for a landlord to raise the rent for no reason throughout a tenancy. But the landlord can raise the monthly payment as long as they give the tenant at least three months' notice. Increment of rent occurs due to the following reasons:
- The landlord incurs a capital expenditure
- inflation in the economy
- where an additional service is provided to the premises
- where land rates payable increase or becomes chargeable.
Security Deposits
Before a tenant moves in, the landlord is allowed to ask for a security deposit. At the end of the tenancy, the tenant should get their deposit back, less any fees for unpaid rent or damage that goes beyond normal wear and tear. The act doesn't say how much the security deposit should be, but it should be a fair amount.
Repairs and Maintenance
The landlord keeps the place in a state where people can live there. This includes making sure the building is safe and sound, providing essential services (like water and electricity), and fixing anything that needs fixing. But the tenant is also expected to take care of the property and let the property owner know right away if anything is broken.
Termination of Tenancy
The act gives rules about how to end a tenancy. It tells both landlords and tenants how long they have to give notice. When there is no set length of time for the lease, the notice period is usually three months. But if the lease is for a set amount of time, the notice period may be shorter.
Eviction
If a tenant doesn't follow the rules in the lease, the landlord can start the eviction process. But the court must give the order to move out. The act makes it illegal for landlords to use force to get rid of tenants or cut off essential services without following the law. You can find a sample eviction letter here
It's important to remember that there may be more rules and regulations at the county or city level, so it's best to check with local authorities or lawyers to make sure you're following all the laws.
