Skip to content

Security deposit

Also called: deposit · rent deposit · damage deposit · caution money

A sum paid by a tenant at the start of a tenancy, held by the landlord or agent as security against unpaid rent and damage beyond fair wear and tear, and refundable at the end to the extent it is not properly applied.

A deposit is not a payment. It is the tenant's money, held by someone else, against defined risks. Everything that goes wrong with deposits follows from forgetting that sentence.

What it can and cannot be applied to

Legitimately applied to: rent left unpaid at the end, charges outstanding such as water or service charge, and the cost of making good damage that goes beyond fair wear and tear.

Not for: repainting on a cycle the landlord would have done anyway, replacing items that simply reached the end of their life, covering a shortfall the landlord feels aggrieved about, or a general "administration" deduction with no underlying cost.

Cleaning is its own category. A unit returned dirty is a cleaning cost evidenced by an invoice, not a repair rate and not a round number.

Know what you actually paid

At the start of a tenancy several amounts change hands at once, and the commonest cause of a dispute at the end is a single lump-sum receipt that nobody can now break down.

  • Rent deposit. The security deposit itself. Refundable.
  • Utility deposit. Held against final water and power bills. Refundable, and often released later because the final readings have to come in first.
  • First month's rent. Not a deposit at all, and it should be receipted separately.
  • Agency or viewing fee, where charged. Not refundable and not a deposit.

Get one receipt per item, each stating what it is for.

The protections that actually work

  • An inventory and condition report at move-in, dated, with photographs, signed by both sides. See schedule of condition.
  • The deposit held as its own balance, visible from the day it is paid, not folded into rent received. On an agency, that means a client account.
  • An itemised deduction statement at the end, with quotes or receipts against each line, not a round number.
  • The same photographs repeated at move-out, mirroring the move-in set.

Getting it back

The sequence that works, in order:

  1. Give notice properly, in writing, counted as the agreement says, and keep proof of sending.
  2. Keep paying rent to the end. Withholding the last month because "you have the deposit" is the single most common way a strong position becomes an arguable one.
  3. Ask for a pre-inspection two weeks out. Twenty minutes with the agent naming anything that would be deducted gives you the chance to fix it yourself at your cost rather than theirs.
  4. Repair the small things yourself. Almost always cheaper than a contractor's rate applied as a deduction.
  5. Close the utilities. Final readings taken and photographed, final bills paid and receipted.
  6. Hand over in person, and get a signed note of what was returned, covering keys, remotes and cards, plus anything raised on the day.
  7. Photograph every room empty, and send both sets in one message.
  8. Ask for the closing statement in writing: rent to the end date, utilities, each deduction with what it was and what it cost, deposit held, amount returned.

Where a deposit is disputed

A tenant is entitled to ask for the itemisation in writing, and most disputes end there, because a deduction that has to be written down and evidenced is often a deduction that does not survive being written down.

Where it does not resolve, the route depends on the tenancy and the premises, and it may involve a tribunal. That is a point to take advice on rather than work out from a template. Keep it civil and keep it in writing throughout, because the correspondence is the case.

Common questions

How long does a landlord have to return a deposit in Kenya?
Start with what your tenancy agreement says, because a stated period is the standard you can hold them to. Where it is silent, promptness once the final utility readings are in is what is expected, and an unexplained delay is itself worth raising in writing.
What can be deducted from a security deposit?
Unpaid rent and charges, repair of damage beyond fair wear and tear, cleaning where the unit was left unclean, and unreturned keys or items. Each should be evidenced by a quote or receipt, and none should charge the price of a new item to replace a worn old one.
Can I use my deposit as the last month's rent?
Not unless the agreement says so. Withholding the final month on the basis that the landlord holds your deposit is the single most common way a tenant with a strong position turns it into an arguable one, because you have then breached a term you were relying on them to honour.
What if the landlord will not itemise the deductions?
Ask in writing, on one thread, naming the amount held and the date the tenancy ended. A deduction that has to be written down and evidenced often does not survive being written down. If it still does not resolve, the route depends on the tenancy and the premises, so take advice on your specific situation.

Read more on this

Last reviewed 18 September 2026. This entry explains how the instrument works and is not legal or financial advice.