Rent Increase Laws in Kenya and suing Landlord: Many tenants in Kenya feel oppressed by their landlords with regards to issues such as unfair terms, rent increment, or forceful evictions. The key to standing up to your landlord is familiarizing yourself with the rights of tenants. Below is a basic guide on what you should know about rent increment laws in Kenya.
In Kenya, the laws governing rent and landlord and tenant relationships are the Rent Restriction Act Cap 296 and the The Landlord and Tenant Cap 301.
While a landlord is allowed to increase rent, they must do this in accordance with the law. A landlord who intends to increase rent or alter any basic term in the tenancy agreement must serve the tenant a notice of at least one month.
According to section 4(5) of the Landlord and Tenant Cap 301, the notice should outline the reasons for the rent increment or the reason for changing any term in the tenancy pact.
A tenant who intends to object to the rent increase or to a termination of their tenancy has to inform the landlord within 30 days from the time they get the notice. Furthermore, an object is not enough. Before the time when the notice is to be effective, the tenant should forward the matter to the rent tribunal. After referring the issue to the tribunal, the notice shall be ineffective until a determination is made by the tribunal.
If you feel that your landlord has unfairly increase the rent to your house or you want to object to the increment, you need to consult a lawyer. Your lawyer will help you forward your claim to the rent tribunal. Additionally, in case your landlord has not issued sufficient notice for the rent increment, your lawyer will help negotiate a time allowance. In any case, if you win a claim against your landlord on the basis of rent increment, you will be subject to compensation.