Most tenancies in Nairobi are governed by the tenancy agreement you sign, backed by the general law. There are few rules written specifically for residential tenants, so what your agreement says matters a great deal. This is general information, not legal advice.

Your agreement comes first

  • Get it in writing before paying anything. It should state the rent, due date, deposit, notice period, service charge, who pays which bills, and how and when the rent can rise.
  • Keep copies of the agreement, and receipts for every payment. Pay by M-Pesa or bank transfer so there is a record.

See Finding housing.

Deposits

  • A deposit of one or two months’ rent is normal. There is no general legal cap.
  • It must be returned at the end, less only the reasonable, itemised cost of damage beyond fair wear and tear, and any unpaid rent or bills.
  • Record the condition of the flat with dated photos when you move in and when you leave.
  • Many landlords refuse to let the deposit count as the last month’s rent; check your agreement.

Rent increases

The landlord can raise the rent only as the agreement allows - for example once a year, with written notice. If the agreement says nothing, a landlord cannot simply impose a rise during a fixed term. When a fixed term ends, a new rent can be agreed.

Repairs

  • The landlord normally handles the structure, roof, plumbing, wiring and anything that makes the home unsafe or unusable.
  • The tenant handles damage they cause and minor upkeep.
  • Report problems in writing (email or SMS counts) and keep the record.

Stopping rent to force repairs is risky - it can put you in breach. Take advice first.

The landlord’s access

The landlord or agent should give reasonable notice before entering, except in an emergency, and come at reasonable times. Your agreement may set the details.

Eviction

  • The landlord must give the notice set out in the agreement, in writing.
  • If you do not leave, the landlord must go through the courts.
  • Self-help eviction is unlawful: removing doors, windows or roofs, cutting off water or power, changing the locks, or seizing your belongings without lawful process. Courts have awarded tenants damages for it.
  • For rent arrears, a landlord can also use a licensed auctioneer under the Distress for Rent Act, which has strict procedures, including written notice before goods are taken.

If you are threatened with an unlawful eviction, report it to the police, record what happens, and get legal help quickly.

Leaving

Give the notice in your agreement in writing, pay up to the end of the notice, and arrange an inspection with the landlord or caretaker before handing over the keys.

Where to take a dispute

  • Talk and write first. Many disputes end with a letter.
  • The Small Claims Court deals with claims up to KES 1 million, such as an unreturned deposit, without needing a lawyer.
  • The Rent Restriction Tribunal covers low-rent residential housing.
  • The Business Premises Rent Tribunal covers shops and business premises.
  • Legal aid. The National Legal Aid Service and organisations such as Kituo cha Sheria offer free legal help to people who cannot pay.

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