A template you can adapt, or compare against the lease a landlord hands you. It is written to be readable, and it includes the clauses that matter most when the deposit is on the line.
Not legal advice
This is a starting point. For a long lease, a house, or a large deposit, have an advocate review it. Some leases must be stamped and registered to be enforceable against third parties; an advocate will tell you if yours does.
The template
RESIDENTIAL TENANCY AGREEMENT
This agreement is made on [date] between:
THE LANDLORD: [full name], ID / company no. [____], KRA PIN [____],
of [address], phone [____] ("the Landlord"),
and
THE TENANT: [full name], ID / passport no. [____],
phone [____], email [____] ("the Tenant").
1. THE PROPERTY
House / apartment no. [__] in [building / court], on [road],
[area], Nairobi, together with [parking bay no. __ / DSQ / other]
("the Property"), and the items listed in the inventory attached.
2. TERM
The tenancy starts on [date] and runs for [12] months, ending on
[date]. It may be renewed by agreement in writing.
3. RENT
The rent is KES [____] per month, payable in advance on or before
the [5th] day of each month, to:
[bank name, account name and number / M-Pesa paybill and account].
The Landlord will issue a receipt for every payment.
4. RENT REVIEW
The rent will not be increased during the term. Any increase on
renewal will be notified in writing at least [two] months before the
term ends.
5. DEPOSIT
The Tenant has paid a security deposit of KES [____] (equal to [__]
months' rent). The Landlord will return it within [30] days of the
end of the tenancy, less only the reasonable cost of repairing damage
beyond fair wear and tear and any unpaid rent or bills, itemised in
writing with receipts. The deposit may not be used as the last
month's rent without the Landlord's written agreement.
6. SERVICE CHARGE AND BILLS
Service charge of KES [____] per month [is included in / is additional
to] the rent, and covers [security, cleaning of common areas, garbage,
generator for common areas]. The Tenant pays for electricity (prepaid
meter no. [____]), water (meter no. [____]) and internet.
7. REPAIRS
The Landlord is responsible for the structure, roof, external walls,
plumbing and wiring, and for repairing them within a reasonable time
of being told. The Tenant is responsible for damage caused by the
Tenant, household or visitors, and for minor items such as bulbs.
8. USE
The Property is for residential use by the Tenant and household only.
The Tenant will not sub-let without the Landlord's written consent.
9. ACCESS
The Landlord may inspect the Property on at least [24 hours'] notice,
at a reasonable time, except in an emergency.
10. ENDING THE TENANCY
Either party may end this agreement by giving [one month's] written
notice [after the first six months]. At the end, the Tenant will
return all keys and leave the Property clean and in the condition
recorded in the inventory, fair wear and tear excepted.
11. INVENTORY AND CONDITION
The condition of the Property, meter readings and the items in it are
recorded in the inventory and photographs attached and signed by both
parties.
12. NOTICES
Notices under this agreement are given in writing to the addresses
and email addresses above.
Signed:
LANDLORD TENANT
______________________ ______________________
Name: Name:
Date: Date:
Witness: Witness:
______________________ ______________________
Name / ID: Name / ID: