As a tenant in Kenya, it is important to understand the terms of your tenancy agreement and your rights as a renter. Whether you are new to renting or have been a tenant for years, it is crucial to read and fully understand your tenancy agreement before signing it. In this article, we will discuss the key aspects of tenancy agreements in Kenya.
1. Types of Tenancy Agreements
There are various types of tenancy agreements in Kenya, including fixed-term, periodic, and assured shorthold tenancies. A fixed-term tenancy agreement typically lasts for a specified period, whereas a periodic tenancy agreement is open-ended, with rent payments made on a weekly or monthly basis. An assured shorthold tenancy is a specific type of tenancy in which a tenant has a guaranteed right to remain in the property for a certain length of time.
2. Rent
The amount of rent you will pay should be clearly stated in your tenancy agreement. It is important to understand when rent is due, how much notice you need to give, and whether there are any penalties for late payments. Additionally, your tenancy agreement may address how rent increases will be handled.
3. Deposits
Most landlords in Kenya require tenants to pay a deposit, usually equivalent to one or two months` rent. Your tenancy agreement should clearly state the amount of the deposit, how it will be held, and under what circumstances it may be withheld.
4. Maintenance and Repairs
Your tenancy agreement should specify who is responsible for maintenance and repairs. Typically, landlords are responsible for major repairs, such as fixing structural issues or replacing appliances. However, tenants are usually responsible for minor repairs, such as replacing light bulbs or fixing small leaks.
5. Subletting
Some tenancy agreements in Kenya prohibit tenants from subletting the property without the landlord`s consent. If subletting is not allowed, it is important to clarify this before signing the tenancy agreement.
6. Pets
If you have pets or plan to get them, it is important to check whether your tenancy agreement allows pets. Some landlords prohibit pets altogether, while others may permit them under certain conditions.
7. Ending the Tenancy
Your tenancy agreement should specify the notice required to end the tenancy, and what happens if either you or the landlord want to terminate the agreement early. It is important to understand these terms before signing the agreement, as they will impact your ability to end the tenancy.
8. Eviction
In Kenya, landlords cannot evict tenants without a court order. However, your tenancy agreement may outline specific circumstances under which the landlord can terminate the agreement, such as non-payment of rent or breach of the tenancy agreement terms.
9. Tenant Rights
As a tenant, you have certain rights, including the right to peaceful enjoyment of the property, the right to privacy, and the right to a safe and habitable dwelling. Your tenancy agreement should not infringe on these rights, and you should be aware of your rights before signing the agreement.
10. Dispute Resolution
Finally, your tenancy agreement should specify how disputes between you and your landlord will be resolved. This may include provisions for mediation or arbitration, or it may simply state that disputes will be resolved in court.
In conclusion, understanding your tenancy agreement is essential for a smooth and trouble-free tenancy. Be sure to carefully read and fully understand your tenancy agreement before signing it, and seek legal advice if you have any questions or concerns.