Understanding the tenant eviction laws in Kenya and eviction process: Landlords usually exert unreasonable control over tenants with regards to payment of rent, increasing the rent, and evictions. The main reason is because the tenants do not know their rights. Here is a general look at the tenant eviction laws in Kenya.
Types of Tenant Evictions
Any landlord in Kenya should be aware of the following types of tenant evictions;
- Eviction notices that are with cause or;
- Eviction notices that are without cause
Notice for cause
There are different forms of eviction notices for cause but they all arise when a tenant does something wrong or something that violates the conditions of the lease. The common types of eviction notice for cause are:
- Pay rent or go notices: These notices are given when a tenant is always delaying their rent payments. These types of notices give tenants a brief period within which they should pay rent or face a suit for eviction.
- Cure or stop notices: These notices are mailed when a tenant violates the terms of a lease agreement or do something wrong. These notices give the tenant a brief period of time to rectify the defect or face eviction.
- Unconditional quit notice: These notices are only used when a tenant pays late rent, or refuses to pay rent, or damages rental property, or has engaged in illegal or dangerous activity on the rental premises.
Notice without cause
Unlike evictions that come without any form of notice, evictions without cause means that there is no reason for a tenant’s eviction. In such cases, the landlord should give the tenant between 30-60 days notice before pursuing an eviction suit. Therefore, if a tenant is evicted for no reason without being given prior notice, they have the right to remain in the premises until the 30-60 day window period lapses.
If you are a tenant and you suspect foul play in your eviction, you should consult your lawyer to determine whether you eviction meets any of the above conditions. Your attorney will be able to file a claim in your defense depending on the circumstances surrounding your eviction. On the other hand, if you are a landlord who wishes to evict a tenant, you should consult a lawyer to ensure you have met all the required steps and grounds for evicting a tenant.
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Hi, my neighbor is some one who does not embrace the policy of brotherhood and is always ready for a conflict even on small issues that do not deserve that. After engaging in that conflict, he becomes the first one to run to mama mtaa because they are friends who advises him on how to record statement that can warrant the arrest of the victim. So many people have fallen his victim with mama wa mtaa. In this situation how can we be able as neighbors who are now fed up with his presence around including the landlord who has tried to evict him in vain deal with such a situation for this neighbor to be evicted from this area for peace to prevail.
Joseph kuria mungai says
Hey my sister and his husband lives in my house without my permission . And the husband workes at revenue as a drive and he is given house allowance but never even repair my house from 2016 till now. Should I use force to move them in my house please.
My landlord, giving me a verbal evictions notice, due to non suppotive alegations, what if he gives me a officials notice, due to things that’s don’t have ground for eviction, and if it were to shift what is the minimum duration am supposed to be issued???
Dave Stephani says
just follow the above legal procedures
Justine zakayo says
Im also going through the same situation and I strongly feel the agancy is taking an advantage coz I’m not in a position to pay a lawyer. My mum passed on a few months ago. We had paid 2 months deposit . I stayed on one month deposit then the showed me their deduction and my balance but now the are saying it will be hard the get the balance