Most tenancy disputes in Kenya are argued by both sides as though the tenancy agreement were the whole of the law. For most tenancies it is the larger part. It is never the whole of it. Some rights are implied into every tenancy whether the document mentions them or not, and some tenancies sit under statutes that restrict what either side can do, however the agreement is worded.
This guide sets out how those pieces fit together. It deliberately does not give notice periods in days, rent thresholds or section numbers. Those depend on the type of premises and the terms of your tenancy, they change, and a confidently wrong figure on a page like this would do more harm than none. Where an answer depends on advice, it says so and says what to ask.
Start with your agreement
Read it before you need it. The agreement is where you will find:
- the rent, when it is due and how it is to be paid
- what else you pay: water, power, service charge, garbage
- the deposit, what it covers and when it comes back
- who is responsible for which repairs
- how much notice either side must give, and from when it runs
- whether and how rent can be reviewed
If you do not have a written agreement, you still have a tenancy. The terms are then whatever was agreed and how both sides have behaved, which is harder to prove. Ask for it in writing. Reading a lease before you sign covers the clauses that matter most.
The right to live there undisturbed
Every tenancy carries an implied promise from the landlord that you can have the property you are paying for. It is called quiet enjoyment, and it has very little to do with noise.
In practice it means:
- Entry is on notice. A landlord or agent coming in to inspect or repair should give reasonable notice, at a reasonable time, for a stated reason, unless it is a genuine emergency.
- No lockouts. Changing the locks, removing doors or windows, or blocking access to push you out is not a lawful way to recover rent or end a tenancy.
- No cutting off services as pressure. Disconnecting water or power because rent is late is not a collection method.
- Your belongings are yours. A landlord cannot simply remove or sell them.
There is a formal process by which unpaid rent can be recovered by seizing goods, called distress for rent. It is carried out by a licensed auctioneer under a defined procedure with protections in it. A caretaker carrying things out of your house is not that process.
Rent increases
During a fixed term, rent can usually only change if the agreement says how. Many leases contain a rent review clause that sets when and how a review happens. If yours does not, an increase mid-term generally needs your agreement.
At renewal, or on a periodic tenancy, the landlord can propose new terms with proper notice, and you can accept them or leave.
Some tenancies are controlled. Certain residential and business tenancies fall under statutes that restrict rent increases and give you a tribunal to go to. Whether yours is one depends on the premises and the terms. See controlled tenancy for the signs that it might be.
Whatever applies, ask for any increase in writing, with the date it takes effect and the clause it relies on.
Repairs
Who repairs what is mostly set by the agreement. In general, the structure, the roof, and the main water, power and drainage are the landlord's. Damage you or your visitors cause is yours. Ordinary deterioration from normal use, called fair wear and tear, is not something a tenant pays for.
The step that decides most repair disputes is reporting it in writing, with a photograph and a date. Reporting a repair so it gets fixed shows how.
Withholding rent over an unfixed repair is risky. It can put you in arrears and give the landlord grounds to act, even when the repair complaint is fair. Take advice before you do it, and keep paying while you do.
Your deposit
A security deposit is your money, held as security against unpaid rent and damage beyond fair wear and tear. It is not a fee and not a last month's rent, unless the agreement says it may be used that way.
What protects it is evidence: a dated record of the condition when you moved in, meter readings on both days, and a witnessed handover when you leave. What a deposit is actually for and moving out without losing money cover both ends.
If deductions are made, you are entitled to know what each one is for and how it was worked out. Ask for an itemised statement.
Ending the tenancy, and eviction
From your side: give notice in the form and for the period your agreement sets, counted the way it says. Many agreements count notice from the start of the next month, not from the day you send it. Get the end date confirmed in writing. See notice period.
From the landlord's side: a landlord who wants you out must follow the agreement and the law. That means proper notice, and where you do not leave, a process through a court or tribunal. It does not mean changing the locks. For controlled tenancies, an ordinary notice may not be enough on its own.
Your personal information
Your landlord or agency will hold your ID number, phone number, employment details and payment history. Kenya has a data protection law, and whoever holds that information is expected to keep it secure, use it for the tenancy, and not share it without a proper basis. You can ask what they hold about you.
Where a dispute actually goes
Try writing first. A short, dated message on one thread, stating what happened and what you are asking for, settles more disputes than any formal step.
If that fails, the right place depends on the tenancy:
- Certain residential tenancies go to the Rent Restriction Tribunal.
- Certain business premises go to the Business Premises Rent Tribunal.
- Other disputes, including many money claims about deposits and arrears, go to the courts. Smaller money claims may go to the Small Claims Court, which is designed to be used without a lawyer.
Which one applies to your tenancy is exactly the question to put to an advocate or a legal aid clinic before you file anything. Bring your agreement, your receipts and your written messages.
Keep a record that survives a question
Almost every right above is only as strong as your evidence. Keep the agreement, every receipt, the move-in condition record and every written message about repairs, rent or notice. If your agency is on our system, the tenant rent tracking app keeps every charge and payment itemised for you at no cost.
Common questions
Can a landlord lock me out for rent arrears in Kenya?
No. Changing locks, removing doors or blocking access to recover rent is not lawful self-help, and it undermines the landlord's own case. Recovering arrears runs through the tenancy agreement and a formal process carried out by a licensed auctioneer or through the courts.
Can a landlord increase rent in the middle of a lease?
Generally only if the agreement provides for a review and the review is carried out as the agreement says. Otherwise an increase during a fixed term usually needs your agreement. Some controlled tenancies have additional statutory limits.
How much notice must a landlord give a tenant in Kenya?
What the tenancy agreement states, unless the tenancy falls under a statute that requires more or a particular form. Because that depends on the premises and the terms, confirm it against your agreement and take advice if the notice affects your home or business.
Can a landlord enter my house without permission?
Not ordinarily. Entry for inspection or repair should be on reasonable notice, at a reasonable time and for a stated reason, except in a genuine emergency.
Where can I report a landlord in Kenya?
Start in writing to the landlord or agent. If that fails, certain residential tenancies go to the Rent Restriction Tribunal, certain business tenancies to the Business Premises Rent Tribunal, and other disputes to the courts, including the Small Claims Court for smaller money claims. An advocate or legal aid clinic can tell you which applies.
Can I stop paying rent if the landlord will not do repairs?
It is risky. Withholding rent can put you in arrears even where the repair complaint is fair. Report the repair in writing, keep paying, and take advice before withholding anything.
