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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