In Kenya, landlords’ rights are protected under laws like the Landlord and Tenant Act, the Distress for Rent Act, and the Constitution (2010).
Being a landlord in Kenya comes with its share of rewards and challenges. From managing rental agreements to resolving disputes and handling unpaid rent, many landlords—especially those renting out single units or family homes—face uncertainties about their rights and responsibilities.
Without a clear understanding of the law, landlords risk disputes that can strain relationships and lead to financial losses.
Speaking to DN2 Property, Owen King’ori Maina, a conveyancing lawyer, offers an in-depth look at the rights and protections landlords are entitled to under Kenyan law.
Conveyancing lawyer Owen King’ori Maina.
His expert insights provide practical guidance for both experienced landlords and those new to property management, equipping them with the tools to navigate the challenges of renting out property with clarity, confidence, and fairness.
What are the fundamental rights of residential landlords in Kenya under the Landlord and Tenant Act?
In Kenya, landlords’ rights are protected under laws like the Landlord and Tenant Act, the Distress for Rent Act, and the Constitution (2010), balancing their interests with tenant protections. Landlords have the right to collect rent as agreed, and if tenants default, they can use distress for rent—seizing and auctioning tenant property via a licensed auctioneer without a court order, following proper notice procedures. They can also terminate tenancy for valid reasons such as non-payment or breaches, escalating to eviction through courts if needed.
Landlords expect tenants to maintain the property and can deduct from security deposits for damages or unpaid rent. They also have the right to rent adjustments which require written notice, with tenants allowed to contest changes. Right to security deposits on the other hand serve as safeguards but must be properly managed and refunded fairly.
Disputes can be resolved through mediation, Rent Tribunal, or courts, with the Tribunal offering a cost-effective option. However, landlords must respect tenants’ constitutional right to adequate housing by acting lawfully and fairly, avoiding arbitrary rent hikes or forced evictions. Following the law and good faith practices helps protect landlords’ interests and maintain good landlord-tenant relationships.
What key clauses should landlords include in tenancy agreements to protect their rights and are there limitations on tenant screening?
A tenancy agreement is vital for landlords, clearly outlining expectations and minimising disputes. While oral agreements are possible, a detailed written contract is best. Key clauses include rent amount, payment terms, and a rent adjustment notice (at least one month). The security deposit clause should specify amount, purpose, holding, refund process, and damage deductions. Lease duration and termination terms must define notice periods and valid grounds like non-payment or landlord’s need to reclaim the property. Maintenance responsibilities should be clearly assigned—landlords handle major repairs, tenants minor repairs and cleanliness.
Tenants must keep the property clean, dispose of waste properly, report damages promptly, and handle minor repairs.
A landlord’s right of entry clause should specify notice and emergencies. Property use clauses prohibit unauthorised subletting or business activities, and house rules help maintain order. Dispute resolution on the other hand should favour mediation before legal action. Eviction procedures must follow Kenyan law, requiring proper notice and court approval. Landlords should consult lawyers to ensure agreements are solid. Tenant screening is crucial but must comply with Kenya’s anti-discrimination laws under Article 27 of the Constitution, ensuring fair and legal tenant selection.
What rights do landlords have if tenants delay or refuse to pay rent and what is the legal process for adjusting rent?
Few things frustrate a landlord more than a tenant who doesn’t pay rent or remits it late. Thankfully, Kenyan law provides clear remedies, as long as actions remain within legal boundaries. The Distress for Rent Act allows landlords to recover arrears by hiring a licensed auctioneer to seize and sell the tenant’s movable property, such as furniture, after issuing a written notice. Proper documentation and adherence to procedures are essential to avoid legal repercussions.
Non-payment of rent is a breach of the tenancy agreement, warranting a termination notice. If the tenant refuses to vacate, landlords can seek an eviction order through the judicial system, which ensures due process is followed. Additionally, landlords may sue for arrears in tribunals or civil courts, including interest and legal costs if specified in the agreement. When adjusting rent, the law requires landlords to issue a written notice at least one month in advance, detailing the new amount, effective date, and reasons for the change.
Tenants have 30 days to object, during which courts may assess fairness based on market conditions or property improvements. For controlled tenancies, increases require Tribunal approval to prevent exploitation. Rent adjustments often occur during lease renewals, allowing both parties to negotiate based on prevailing market conditions.
Under what circumstance can a landlord legally enter a rented property, and how much notice is required?
Your right to enter a rented property is a careful balance between protecting your investment and respecting the tenant's privacy, as outlined in Article 31 of the Constitution of Kenya (2010). Entry is permissible under specific circumstances, including repairs and maintenance for major issues like leaks or faulty wiring, periodic inspections to ensure compliance with tenancy terms, and showings to prospective tenants or buyers when the lease nears its end. Emergencies such as burst pipes allow immediate entry without prior notice to prevent damage or ensure safety.
While Kenyan law doesn't mandate a specific notice period for residential properties, standard practice or tenancy agreements typically require 24–48 hours’ written notice. Entry requires tenant consent except in emergencies; forcing access violates the tenant’s right to quiet enjoyment and may lead to legal disputes.
To avoid conflicts, include a clear entry clause in your tenancy agreement, detailing notice requirements and conditions. If access is repeatedly denied, court intervention may be necessary to enforce your rights. Respecting privacy while maintaining authority is crucial for a harmonious landlord-tenant relationship.
Who is responsible for property maintenance and repairs during a tenancy, and what actions can a landlord take if tenants neglect their responsibilities?
Maintenance and repairs are common points of contention, but a well-drafted tenancy agreement clarifies responsibilities. As a landlord, you are responsible for maintaining the property in a habitable state, handling major repairs like structural issues or faulty plumbing, and ensuring compliance with building codes, including providing functional locks, ventilation, and safe wiring.
Tenants, on the other hand, must keep the property clean, dispose of waste properly, report damages promptly, and handle minor repairs like replacing light bulbs or unclogging drains caused by their actions unless stated otherwise. If tenants neglect their duties, you can deduct repair costs from the security deposit for damages exceeding normal wear and tear, provided you document everything with photos and receipts. You may also issue a written notice demanding action within a specific timeframe or, for severe neglect, seek legal recourse for compensation.
Non-payment of rent is a breach of the tenancy agreement, warranting a termination notice.
Persistent issues, such as unreported leaks causing mold, can justify tenancy termination with court approval if necessary. To prevent disputes, conduct a move-in inspection with the tenant, document the property's condition, and have both parties sign a checklist. Regular inspections during the tenancy help catch issues early and maintain clarity on responsibilities.
Can landlords reclaim their property for personal use, and how do tenants’ rights impact this process?
As a landlord, reclaiming your property for personal use requires adherence to legal and contractual obligations. Start by serving a written termination notice, typically one to three months, clearly stating your intent to occupy the property and specifying a move-in date to demonstrate good faith. If the tenant refuses to vacate, you may need to apply to the courts for an eviction order, supported by evidence of your genuine reasons aligned with the contract.
However, tenants’ rights under Kenyan law can complicate this process. Tenants may challenge the eviction in court, alleging bad faith, especially if you reclaim the property and re-rent it shortly after. Additionally, improper or vague notices can be invalidated, causing delays. Some agreements include a tenant's right of first refusal, requiring you to offer them the property again if it’s rented out after renovations. Ensuring proper notice and transparency can help minimize disputes and delays.
What taxes are landlords required to pay, and what zoning laws or regulations should they be aware of when renting out residential property?
Owning rental property in Kenya comes with critical tax obligations and zoning regulations that landlords must adhere to. The Kenya Revenue Authority (KRA) requires annual payment of Residential Rental Income (RRI) Tax, while county governments levy property rates based on land value. Additionally, tenants are responsible for stamp duty when signing tenancy agreements, and landlords must pay Capital Gains Tax when selling property. Keeping detailed financial records and working with an accountant familiar with KRA’s iTax system can help avoid penalties.
Zoning laws, under the Physical and Land Use Planning Act (2019), mandate that properties are used appropriately. Residential properties must be in residential zones; renting in commercial or industrial zones without approval risks fines or closures. Compliance with building codes, including safety and utility standards, is also required, with non-compliance potentially rendering a property uninhabitable.
Converting a property for mixed use requires county approval and public participation. Securing a Certificate of Compliance and conducting regular inspections ensures adherence to zoning and safety standards, protecting landlords from legal and financial setbacks.
Are landlords allowed to disconnect utilities due to unpaid rent, or does this violate tenants’ rights?
In Kenya, disconnecting utilities like water or electricity due to unpaid rent is illegal and could lead to legal trouble. The Constitution of Kenya (2010) guarantees tenants access to essential services as part of their right to adequate housing. Cutting off utilities is deemed a “self-help” eviction, violating the tenant’s right to habitable conditions and quiet enjoyment. Instead of risking a lawsuit, landlords can recover unpaid rent through legal means.
The Distress for Rent Act allows landlords to seize and sell tenant property via a licensed auctioneer. Alternatively, eviction proceedings can be pursued through the courts. If utilities are included in the rent and remain unpaid, landlords can issue a written demand for arrears but cannot disconnect services without tenant consent or a rare court order. To avoid legal conflicts, issue formal demand letters, explore lawful recovery methods, and document all communications for protection should disputes arise.
How have recent legal amendments impacted landlords’ rights, and how can they protect themselves from exploitation while complying with the law?
As of May 2025, the Law of Contract Act and Rent Restriction Act remain key for residential tenancies in Kenya, but recent changes have shifted the landscape for landlords. The 2025 Finance Act introduced tiered Residential Rental Income Tax rates with stricter monthly iTax filings and penalties for late submissions.
Counties like Nairobi and Mombasa now enforce zoning and building codes more strictly under the Physical and Land Use Planning Act, increasing inspections and penalties. Meanwhile, the Landlord and Tenant Bill 2021 aims to streamline laws for better protection of both parties. To protect yourself from tenant exploitation such as delayed payments or frivolous complaints, ensure you have a robust tenancy agreement drafted by a legal expert, conduct lawful tenant screening, keep meticulous records of payments and communications, and resolve disputes through legal channels like mediation or courts.
Regular inspections with proper notice help catch damages early, and seeking legal support or joining landlord associations can provide guidance in complex cases like eviction refusals. Being a landlord in Kenya involves balancing your rights to rent collection, arrears recovery, property maintenance, and reclaiming your property with the responsibility to follow legal procedures and respect tenant rights.
