How To Evict A Tenant In Kenya
In this article Keweb. co tries to answer the question by publishing the ways one can Evict A Tenant in Kenya
Below are the most helpful ways to Evict A Tenant in Kenya
Eviction of a Tenant from business premises protected under Cap 301:
The Landlord and Tenant, (Shops Hotels and Catering Establishments) Act (Cap 301 Laws of Kenya) (hereinafter, “the said Act), is an Act that creates and is meant to protect ‘protected Tenants’ from eviction and exploitation. Under the said Act, a landlord cannot evict the tenant without issuing a two (2) monthly termination notice. Parties may agree to a lesser period than two (2) months.
The termination notice has to specify grounds (provided for under Section 7 of the said Act) for the termination.
Once the termination notice is served upon the Tenant, he/she may protest the notice by writing back to the Landlord indicating why he/she will not comply with the notice and file a reference, opposing the notice, to the Business Premises Rent Tribunal established under the said Act. The termination notice shall only continue being effective after the reference has been heard and dismissed by the Tribunal.
At the point when the Tribunal has dismissed the Tenant’s reference the notice shall run to its expiry and at the end of the notice period the Tenant becomes a trespasser.
At this point, the Environment and Land Court have jurisdiction over the matter. Eviction can only go ahead upon filing a suit at the Land and Environment Court contemporaneously with an application for eviction of the Tenant.
When can a landlord evict a tenant in Kenya?
If you don’t pay rent, then you are violating the terms of the agreement which will eventually get you evicted. According to the law, when a tenant pays the rent late, the landlord should serve you with a 30-day notice to give you time to raise the rent money. If not, they are allowed to evict you from the premise.
How long does it take to evict a tenant in Kenya?
Under the said Act, a landlord cannot evict the tenant without issuing a two (2) monthly termination notice. Parties may agree to a lesser period than two (2) months. The termination notice has to specify grounds (provided for under Section 7 of the said Act) for the termination.
What is the fastest way to evict a tenant in Kenya?
The law lays out a procedure for evicting tenants from properties. First, a landlord must give you a notice of termination. If you receive the notice, it must also set out the details and reasons for terminating the tenancy. After getting a notice, you must vacate the premises.
What are the tenant’s rights in Kenya?
Once you move in, the landlord can’t enter your property without your consent. It doesn’t matter what they are trying to do, they need to have your permission before they can access your house. The only exception would be if there is an emergency such as a fire.