Landlords and tenants enjoy statutory rights to guarantee fair treatment; therefore, both parties must understand their duties and entitlements.

1. Key Rights Under the Landlord and Tenants Act in Kenya

Rights of Landlords

Right to Receive Rent as per the Lease Agreement

Landlords are entitled to rent payments from tenants on the terms laid out in the lease contract.

This agreement outlines the amount of rent due, the payment schedule, and any penalties for late payments.

Landlords must ensure they collect rent on time to maintain their financial stability.

Right to Evict Tenants Under Specified Conditions

Landlords are entitled by law to terminate the relationship with tenants if they breach the contract or do not pay the rent.

However, this process must follow legal procedures, which typically involve providing notice to the tenant and obtaining a court order if necessary.

This step guarantees that the eviction is lawful and equitable.

Right to Maintain the Property and Enforce Lease Terms

Landlords are required to keep their properties habitable. This encompasses verifying that critical services such as water, electricity, and sanitation are operational.

They are also entitled to enforce lease agreement conditions, which could include provisions for regulating the use and maintenance of the property.

Right to Access the Property for Inspections or Repairs (with Notice)

Landlords are entitled to have their property for lawful inspections and repairs, which should be announced in advance to tenants.

This notice period lets tenants plan for the visit and guarantees respect for their privacy.

In general, it is advisable that landlords only make entry into the property in emergencies without notification.

Rights of Tenants

Right to a Habitable Living Environment

Tenants are entitled, as a matter of right, to live in safe and sanitary conditions. That is to say, landlords must guarantee that their properties comply with certain health and safety standards, such as sanitary facilities and structural soundness.

Right to Privacy

Tenants are entitled to privacy in their rented homes. Landlords are not allowed entry to the property without the owner’s consent, except in case of emergency or under lease agreement clauses.

Right to Receive Proper Notice Before Eviction

For a landlord to evict a tenant, they must give proper notice as provided by Kenyan law or the lease. This allows tenants time to find alternative housing.

Right to Request Repairs

Tenants may notify their landlords of repairs when problems such as plumbing or electrical malfunctions occur. Landlords are obligated to address these requests promptly.

Right to Non-Discrimination

Landlords are prohibited from discriminating against their tenants based on race, sex, religion, or other protected factors during the rental process.

Right to Seek Legal Redress

When tenants think their rights have been trampled on or have been subject to unfair treatment from their landlords, they are entitled to legal advice in Kenyan courts or other governing bodies.

2. Legal Framework for Eviction

Overview of the Landlord and Tenants Act

The Landlord and Tenants Act is a key piece of legislation in Kenya that governs the relationship between a landlord and tenants.

This law defines the rights and duties of the landlord and tenants, especially about eviction processes. It is desirable to safeguard tenants from capricious eviction and landlords concerning the management of their properties.

The Act sets out the legal steps to be taken in the case of tenant eviction and guarantees that the process is fair and equitable.

Types of Eviction Notices: With Cause vs. Without Cause

Notices with Cause

These are issued when a tenant has breached a lease agreement. Common reasons for issuing such notices include:

• Non-payment of rent: As the tenant does not pay rent on time, the landlord can serve a notice to quit the lease.

• Property damage: If a tenant causes significant damage to the rental property, this can also be grounds for eviction.

• Disturbing neighbours: Residents who exhibit destructive behaviours can have an ejection notice.

• Failure to vacate after lease expiration: If a tenant does not vacate the property after they have finished the lease, the landlord may issue a notice.

Notices without Cause

They are also issued when a landlord wishes to terminate a tenancy for no special reason connected to tenant conduct.

But even in these situations, landlords must still comply with legal processes, and the proper amount of notice must be given.

Required Notice Periods

Under the landlord and tenants law, landlords must give tenants sufficient notice before taking action about their eviction.

The usual notice period for residential tenants is 2 months. This means that if a landlord intends to evict a tenant, they must inform them at least two months in advance.

The announcement should be a detailed notice with a sufficient explanation of the reasons for eviction, if applicable.

Under the responsibilities of the Landlord and Tenant (Shops, Hotels, and Catering Establishments) Act, landlords are also obliged to give a two-month notice of termination, which shall indicate the causes allowed for terminating the tenancy.

This guarantees that the tenants have sufficient time to prepare for their move or settle any issues the landlord presents.

3. Grounds for Eviction

1. Non-Payment of Rent

Eviction due to nonpayment of rent is among the most prevalent reasons. The landlord can respond if a tenant needs to pay rent on time.

Conventionally, landlords will first give the tenants notice of the overdue rent and sometimes allow them grace to make rent.

The landlord can serve an eviction notice if the tenant does not pay. This notification must also comply with legal standards, such as stating the amount owing and establishing a reasonable deadline for the tenant to pay the debt before the landlord evicts the tenant.

2. Violation of Lease Terms

Tenants are required to comply with the conditions of their lease contracts. If they violate these terms, landlords can seek eviction. Common violations include:

3. Property Damage

A Tenant’s damage to the property beyond normal wear and tear may constitute a reason for a tenant to be evicted. For instance, the landlord may serve an eviction notice if a renter breaks a window or damages plumbing fixtures.

4. Disturbances

Tenants should, of course, maintain peace and neighbourliness with the other tenants.

As a tenant acts in a disruptive way, for example, by loud parties or harassing other tenants, the landlord can act.

5. Unauthorised Subletting

When a tenant sublets the apartment without the landlord’s consent, this may be a reason to evict.

6. Expiration of Lease Agreement

Upon expiration of a lease agreement, landlords can remove tenants who have not renewed their lease or have yet to make preparations to continue their residency.

Landlords are required to give adequate notice before the end of the lease, indicating that the tenants are to leave the dwelling.

This procedure guarantees both parties understand their rights and obligations under the lease term as it expires.

4. Tenant Protections

1. Requirement for Court Orders Before Eviction

Landlords are prohibited in Kenya from evicting tenants without going through legally required processes.

Court orders of eviction must be obtained first. Consequently, to evict a tenant for nonpayment of rent or any other reason, the landlord must first appear before the court and get a warrant to allow the landlord to evict the tenant.

This requirement safeguards tenants from illegal evictions and guarantees that their dignity is recognised.

2. Obligations of the Landlord and Tenants Act (Shops, Hotels and Catering Establishments)(Cap 301).

This Landlord and tenants act, however, adds further safeguards only to the tenants of commercial premises, like shops and hotels.

It guarantees that landlords cannot evict a tenant for “no just cause” and must follow particular procedures when ending a tenant’s lease like this facility.

For instance, landlords must give proper written notice and legal justification for removal. They must defend against sudden evictions that detrimentally affect a business/tenant’s job.

3. Prohibition Against Unlawful Eviction Methods

Tenants in Kenya are protected from unlawful eviction methods. I.e., landlords are not allowed to force, intimidate or coerce tenants out of their properties).

For instance, changing locks without notice or forcibly removing belongings is illegal. If a landlord takes such steps, tenants are entitled to report such occurrences to authorities or take legal action.

5. Dispute Resolution Mechanisms in Kenya

Disputes between landlord and tenants can arise for various reasons, and it is essential to have effective mechanisms in place to resolve these issues. In Kenya, formal and informal dispute resolution mechanisms exist.

 Formal Dispute Resolution

The Business Premises Rent Tribunal is a specialised body established to handle disputes related to rental agreements for commercial properties.

All too often, the court is tasked with assuring that disputes among landlords, and between those landlords and tenants, can, in principle, be resolved fairly and expeditiously.

When a landlord issues an eviction notice, a tenant who believes the notice is unjust can file a complaint with the tribunal.

The procedure usually starts by submitting a written application and a description of the dispute, including the contents of the eviction notice and the grounds of objection.

The tribunal will then set a hearing with the possibility for both sides to present. The tribunal has jurisdiction to have binding adjudications in disputes.

It may sustain or overturn eviction orders, compel landlords to remedy defects, or even award damages to tenants for violations of their rights.

The tribunal is intended to give prompt answers, and usually, it does so, not performing the slow lane of the court proceedings.

Alternative Dispute Resolution (ADR)

Mediation and Arbitration Options Available to Landlords and Tenants

Alternative Dispute Resolution (ADR) is an approach to dispute resolution that does not involve a traditional civil trial in court. The two most frequent types of ADR are mediation and arbitration.

Mediation

In mediation, a neutral third party, known as a mediator, facilitates discussions between the landlord and tenant to help them reach a mutually agreeable solution.

The mediator does not make decisions but guides the conversation, helping both sides understand each other’s perspectives.

Arbitration

In arbitration, an arbitrator is, in fact, like a judge and delivers a final, binding ruling following the presentations of both sides.

This is a less formal proceeding than mediation, yet a less structured proceeding than a trial. Parties generally also agree on whether the arbitration should be binding or non-binding.

6. Benefits of ADR in Resolving Landlord and tenants Disputes Amicably

Speed

ADR procedures are, on the whole, more rapid than trials, which can span months or even years to complete. Mediation sessions are often able to be booked easily, with quick resolution.

Cost-Effectiveness

Since ADR processes are briefer and less structured, they are usually less expensive than the judicial route. This can result in both landlord and tenant savings from considerable legal expenses.

Confidentiality

Unlike legal proceedings, which are public records, ADR disputes are typically confidential. This secrecy permits individuals to talk openly and freely about potentially embarrassing matters.

Preservation of Relationships

As ADLR emphasises cooperation rather than antagonism, landlords and tenants can stay on good terms. This is particularly important in ongoing rental situations where future interactions are likely.

7. Procedure to Follow if a Landlord or Tenants Feel their Legal Rights Have Been Infringed Upon:

If either party believes their rights have been violated, they should take specific steps:

• Document Everything: Keep detailed records of all communications related to the dispute, including emails, texts, and notices received or sent.

• Seek Advice: Seek guidance from legal practitioners or tenant advocacy organisations relating to the steps to be taken in light of the circumstances.

• File a Complaint: Informal negotiation will not bring about the solution; if so, either party may submit a complaint to the Business Premises Rent Tribunal or take legal action directly in court.

Importance of Legal Representation in Landlord and tenants Disputes

Legal assistance may greatly influence the settlement of controversies:

Expertise- Tenant Lawyers know the applicable landlord and tenant law and can give important counsel for how to proceed with a dispute.

Representation in Proceedings- A rental lawyer can prosecute the accused party or defend the plaintiff in tribunal hearings and court proceedings, ensuring their rights are properly defended.

Negotiation Skills- Often, lawyers possess a keen negotiating aptitude that may lead to a desired outcome in a settlement to be reached during mediation or arbitration.

Conclusion

As an overview, landlord and tenants in Kenya each have significant rights and responsibilities that contribute to an equitable rental environment.

Landlords are entitled to receive rent, to upkeep their properties, and to expel tenants under certain circumstances.

However, tenants are entitled to a safe home, adequate warning before eviction, and access to legal aid from an eviction lawyer if their rights are infringed.

FAQs

How do Tenant protections differ between residential and business premises in Kenya?

Tenant protection in Kenya differs for domestic and commercial properties. Residential tenants are afforded protection under the Landlord and Tenant Act, concerning which landlords must provide a 2-month notice before eviction.

Business tenants enjoy protection under the Landlord and Tenant (Shops, Hotels and Catering Houses) Act (Cap 301).

This act also has a 2-month advance notice provision but has some added protections to prevent the business tenants from being evicted without a valid cause.

What are the common reasons landlords use to issue eviction notices in Kenya?

Landlords in Kenya frequently send eviction notices for multiple reasons. The most frequent reason is non-payment of rent.

Other reasons include violating lease terms, such as having unauthorised pets or causing disturbances, damaging property, engaging in illegal activities, and failing to vacate after the lease expires.

How can tenants dispute an eviction notice in Kenya?

Tenants can challenge an eviction notice by taking a few steps. At first, they must write their opinion to the landlord, stating why the eviction is unfair.

Then, they are entitled to file a claim for unfair treatment with the Business Premises Rent Tribunal.

It can also be useful for tenants to collect evidence, such as receipts, and to consult a lawyer or a tenant advocacy organisation.

Under Kenya’s Landlord and Tenant Act, what are the specific conditions for a termination notice?

According to the Landlord and Tenant Act, a notice to terminate must have certain standards.

To be effective, it must be in writing and provided at least 2 months before a person is evicted.

The notice shall include (as applicable) a reason for termination, such as non-paying rent.

It must be delivered by hand to the tenant or sent by registered mail, which the tenant will receive.