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Rights of Tenants and Landlords in Kenya – How To Protect Yourself
Both the tenant and the landlord in Kenya have rights under the Kenyan constitution. These rights help the two parties to have a legal relationship, and where these rights are breached, the Law provides remedies for the same. This article looks at the rights of tenants and landlords in Kenya to help you protect yourself regardless of where you fall.
The Legal Basis for the Rights of Tenants and Landlords in Kenya
It is important for the tenant and a landlord to have a clear lease agreement that states the rights of each party, the obligations of each party, the duties of each party, the methods that will be used to rectify any breach of these rights, and duties, and how the lease agreement may be terminated.
What are the Rights of Tenants and Landlords in Kenya?
The rights of tenants include the right to live in a habitable space that is clean and fit for the purpose and the right to live in a peaceful and serene environment without any disturbance. This means that the landlord cannot be dropping in at any time unannounced and that he or she must give notice to the tenants before doing so.
The landlord also has his or her rights as per the constitution and our land laws, and these rights include the right to receive rent on time per the lease agreement and the right to inspect the property to make sure it is being used in the manner that was agreed on.
Legal Remedies to Breaches of Rights
There are instances that arise where there is a breach of the rights of tenants and landlords in Kenya. A good example of this is where the right of the tenant to have needed repairs done by the landlord is breached; either the landlord refuses to do the needed repairs or fails to have them done in a reasonable time. It is the right of the tenants to have needed repairs done in a timely manner, as some of these repairs can lead to injuries. Where there is a breach of these rights, the best approach is for the tenant and the landlord to have a calm conversation and see whether the breach can be resolved in a timely and sound manner. If this is impossible, the tenant can get a reprieve from various agencies such as the Rent Tribunal.
Should the landlord wish to develop his or her property or make changes from residential to commercial or any other use, he or she must issue the tenant with at least one month’s notice for the tenant to vacate the premises.
What About Hotel Guests?
Hotel guests also enjoy rights as they stay in hotel rooms. These include the right to a clean and habitable room and the right to privacy. The hotel owner and/or management cannot drop by the hotel guests’ rooms at any time, and they also have the right to security. It is important to note that the hotel guests have the right to enjoy all the amenities advertised as per their contracts.
Along the same line, the hotel owner (or management) also enjoys rights, and these include the right to be paid the agreed rates in the manner agreed upon on time and the right to dictate the checking and check-out time for their guests.
It is, hence, important for hotel guests to carefully read the hotel rules of a hotel before settling on that hotel so that they can be on the same page with the hotel owner and/ or management. This knowledge will help in reducing instances where there may be disagreements, as both parties will be on the same page.
It is also worth noting, as we conclude, that tenants and landlords ought to have a written and clear agreement denoting the rights, duties, and obligations of each party. Furthermore, they must both understand what is to be expected of each party to reduce instances where there may be disagreements and where there may be breaches. The lease should also set out the way forward in case of disagreements, whether this is through alternative dispute resolution or legal recourse.
Need Help Navigating the Rights of Tenants and Landlords in Kenya?
Navigating the rights of tenants and landlords in Kenya can be quite a challenge, especially where clear lease agreements are not in place. Our legal experts are well-versed in handling such issues and will guide you on what to do to protect yourself both legally and financially. For more on this, book a consultation with our experts using the form below.