You come home to find a new padlock on your door, the roof removed, or your belongings outside. Can a landlord really do that?
In general, no. Article 43 of the Constitution recognises the right to accessible and adequate housing, and Article 40 protects property. Kenyan courts have repeatedly said that a landlord who wants a tenant out must follow the law and the tenancy agreement, not take matters into their own hands. Locking a tenant out, cutting water or electricity to force them out, removing doors or the roof, or seizing belongings without a court process are forms of unlawful "self-help" eviction.
Notice
How much notice you are owed depends on your agreement and the type of premises.
- Homes: check your tenancy agreement. If you pay monthly and the agreement says nothing, a month's notice is the usual expectation.
- Shops, hotels and catering premises with no written lease or a lease of five years or less are covered by the Landlord and Tenant (Shops, Hotels and Catering Establishments) Act. The landlord must give at least two months' notice in the prescribed form, and the tenant can challenge it at the Business Premises Rent Tribunal.
Rent arrears. Owing rent does not cancel your rights. A landlord can recover arrears, including through a lawful distress process carried out by a licensed auctioneer under the Distress for Rent Act, but must follow that process.
Your deposit. A deposit is your money, held as security. When you leave, the landlord may deduct genuine unpaid rent or the cost of repairing damage beyond normal wear and tear. They should not keep the whole deposit without reason.
What to do
- Keep your tenancy agreement, rent receipts or M-Pesa statements, and photos of the house when you moved in and out.
- If you get a notice, reply in writing and keep a copy.
- If you are locked out, report it at the nearest police station and get an OB number.
- For business premises, you can go to the Business Premises Rent Tribunal. For homes, disputes go to the courts; a legal aid clinic can help.
Not sure where you stand? Describe your situation to Ask Haki.