CAN A LANDLORD EVICT YOU FOR FAILING TO PAY RENT IN KENYA?

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 Now onto today’s topic; 

In Kenya, a landlord can evict you for not paying rent, but they cannot simply throw you out or lock your doors whenever they please. Non-payment of rent is considered a breach of the tenancy agreement, but Kenyan law strictly prohibits landlords from taking the law into their own hands to recover their property.

1.WHEN CAN A LANDLORD START THE PROCESS?
 
A landlord has valid legal grounds to seek your eviction if your rent is 30 days or more overdue. Other common grounds include:
  • Breaching terms of the lease (e.g., unauthorized subletting or property damage).
  •  Engaging in illegal activities on the premises.
  •  The expiration of a lease without a renewal agreement.
2. THE ILLEGAL PROCEDURES
 
Many landlords mistakenly believe they can force a tenant out through harassment. Under Kenyan law, the following actions are unlawful landlord practices:
  • Locking the tenant out or changing locks for late rent.
  • Disconnecting essential utilities like water or electricity to pressure a tenant to pay or leave.
  • Confiscating or seizing household goods without a legal process to cover arrears.
  • Verbal or informal threats, including notices sent via WhatsApp or SMS, which do not constitute formal legal notice.
Landlords who bypass the court system and use these self-help methods can be sued for wrongful eviction, and tenants may be awarded damages for emotional distress, property loss, or reinstatement into the house.
 
3. THE STEP BY STEP EVICTION PROCESS
 
For an eviction to be legal in Kenya, a landlord must follow a strictly regulated procedure. If any step is skipped, the eviction is considered unlawful.
 
Step 1: Issuance of a Formal Written Notice
 
The landlord must serve you with a written notice stating the reason for eviction and the period you have to vacate.
  • For non-payment of rent, the standard notice period is typically 30 days.
  • For commercial premises (under Cap 301), a two-month notice is required.
  • The notice must be formal; verbal notices are invalid.
Step 2: Tenant’s Opportunity to Remedy
 
In many instances, the law expects the landlord to act in good faith by allowing the tenant a chance to fix the issue, such as paying the outstanding rent, within the notice period to avoid further legal action.
 
Step 3: Filing a Suit in Court or Tribunal
 
If the notice period expires and you have not moved out or paid the arrears, the landlord cannot forcibly remove you. They must file an eviction suit in the appropriate forum:
  • Rent Restriction Tribunal: For residential units where the rent is Kshs. 2,500 or less.
  • Magistrate’s Court (ELC Division): For most standard residential disputes where rent exceeds Kshs. 2,500.
  • Business Premises Rent Tribunal (BPRT): For commercial or protected tenancies.
Step 4: Obtaining a Court Order
 
A formal hearing will take place where both sides present evidence, such as lease agreements and payment records. Only if the judge or tribunal rules in the landlord's favor will an official eviction order be issued.
 
Step 5: Execution by a Licensed Bailiff
 
Even with a court order, the landlord is not allowed to personally evict you. The eviction must be carried out by licensed court bailiffs or auctioneers. They are the only ones authorized to remove you and your belongings legally.
 
4. TENANT'S REMEDIES AND PROTECTIONS
 
If you are facing an illegal eviction (e.g., your landlord has locked you out without a court order), you have several legal options:
  • File for an Urgent Injunction: You can apply to the court for an order to stop the eviction or restore your access to the property and utilities.
  • Claim Damages: You can sue for compensation for damaged property, the cost of alternative accommodation, and the trauma of the forced removal.
  • Report Harassment: You can report criminal conduct, such as threats or break-ins, to the police.
 
Always keep a paper trail. Pay rent via traceable methods (M-Pesa, bank transfers) and keep copies of all communications with your landlord. Without proof of payment or copies of illegal notices, it becomes much harder to defend your rights in court. 
  
 

Catch you in the next blog!

 

Disclaimer- The information provided is for general informational purposes only and should not be considered as professional advice. Please consult a qualified professional for specific guidance. 

 
 
 
 
 
 
 
 
 
 

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