Regardless of the situation you are in, it’s always important to know your rights as a tenant to avoid getting taken advantage of or used by the house owner. Having the right information makes it easier to address any challenge with confidence. It also empowers you to advocate for your interests effectively. Once you know your fundamental rights, it will be easier for you to get out of a controversial
situation that may arise along the way. The topic of tenants’ rights is as important as landlords’ rights.
If at all the tenant is not happy because there is something wrong with their rental house, the landlord needs to rectify the problems as soon as possible. It’s your right as the tenant.
Tenants’ rights begin right from the time they start looking for a house to the moment they move out of the house and safely secure their deposit.
If you want to lead a happy life as a tenant, here are some of the basic rights you need to be aware of. We have broken down into two parts: when moving in, when living in the house, and when moving out;
Tenant Rights When Moving In
Moving into a new rental home is an exciting step, but it’s important to understand your rights as a tenant from the start. Knowing these rights ensures you experience a fair and transparent process, protecting you from potential issues down the line. Here’s what you need to know about your rights when moving in.
Right to a Habitable House
As the tenant, you have the right to live in a place that is habitable and comfortable. The landlord or the property agent needs to ensure that the property is in excellent condition so you can enjoy a happy home. For instance, if there is an issue with the electricity, lighting, wiring, or water supply, he needs to fix them before you move in or as soon as possible in case you notice an issue when you have already moved in.
Tenant Has Rights To Maintenance
If you notice anything broken or in need of maintenance, you have the right to ask the landlord to fix it. He is responsible for every repair you request him to do. Usually, the tenant is given one month to assess the house and make sure everything is working well. After that one month, any other damage that may happen will be on the tenant’s side.
On the other hand, don’t make any major changes to the house since the landlord may not want any changes made to his rental houses. It might attract some of your deposits when you move out. Nevertheless, you can do some minor repairs on your own.
Right to information
As a tenant, you need to ensure you get a written tenancy agreement. It should outline key terms like rent, payment schedules, and responsibilities of both parties. It should also include house rules, lease duration, and conditions for termination. Be sure to request clarification on unclear terms before signing. Having such information will protect you from any unfair practices, such as rent increments, without prior notice.
Right to Know the Deposit Terms
You need to understand how your security deposit will be handled. The landlord has an obligation to disclose the exact deposit amount, how it will be used, and conditions for its refund. This includes deductions for repairs, unpaid bills, or damages beyond normal wear and tear. Ensure you do receive written confirmation of the deposit payment and a clear explanation of refund timelines when your tenancy ends. Having such transparency in deposit terms will help prevent disputes and protect you from any unfair deductions.
Right to a Rent Receipt
Immediately you pay your deposit, ensure you receive a receipt as proof of payment. Also, every time you pay rent, whether in cash, via mobile money, or bank transfer, the landlord must provide a receipt. The receipt should include details like the amount paid, the date, and the rental period it covers. It will protect you in case of disputes about payment. It also serves as evidence if the landlord claims you owe unpaid rent. Always request and keep your rent receipts safe for future reference.
Tenant Rights When In the House
As a tenant, your rights don’t end once you move into a rental property. Understanding your rights as a tenant while living in a rental house is very essential for a peaceful and fair tenancy. These rights protect your privacy, safety, and well-being. Here’s what you need to know.
Right Has Rights to Privacy
It’s your right to enjoy your rental home without unnecessary interference. Your landlord cannot enter the house without your permission unless there’s an emergency or they have given you prior notice. Inspections or repairs should only occur at agreed-upon times. The landlord should not interfere with your personal life, belongings, or guests. This right protects your dignity and allows you to feel secure and comfortable in your rented space.
Tenant Rights to Peaceful Enjoyment
It’s your right as a tenant to live in your rental house without harassment, threats, or interference. As mentioned earlier, your landlord cannot disrupt your daily life by entering the property unannounced or making unreasonable demands. They must address issues like noisy neighbours or disturbances on the premises if they fall under their responsibility. You also have the right to use the property as agreed in the tenancy terms without restrictions or penalties. This right protects your comfort, security, and ability to enjoy the home without fear or undue stress.
Right to Basic Services
It’s your right to access essential utilities like water, electricity, and waste management. The landlord is responsible for providing these services as agreed in the tenancy contract. They must ensure that connections are functional and bills are manageable unless stated otherwise. If utilities are shared, the landlord should provide clear billing details and avoid overcharging. Interruptions in services due to negligence, like unpaid utility bills by the landlord, violate your rights. This right guarantees your home remains hospitable and meets basic standards.
Right to Raise Complaints
You have a right that allows you to address any issues or concerns you have with the rental property or the landlord’s actions. If there are maintenance problems, safety concerns, or unfair treatment, you can raise these without fear of retaliation. The landlord should respond promptly and address legitimate complaints, such as broken appliances, water leaks, or excessive noise. If the landlord fails to act, you can seek help from the rent tribunal. This right ensures your concerns are heard and taken seriously during your tenancy.
Right to Fair Treatment
As a tenant, you deserve respect and fair treatment, free from discrimination. Under the Kenya Constitution (2010), Article 27 guarantees equality and freedom from discrimination. It ensures that you cannot be treated unfairly based on race, gender, religion, or other physical appearance. The Landlord and Tenant (Shops, Hotels, and Catering Establishments) Act (Cap 301) also prohibits landlords from discriminating against tenants in tenancy agreements. This includes setting terms that unfairly disadvantage certain groups. Fair treatment involves respecting your rights, addressing complaints fairly, and maintaining a healthy tenant-landlord relationship.
Tenant Rights to Safety
No matter the place you live, safety is critical. The landlord should ensure that all the locks, windows, and doors work properly for your safety. If you need extra locks, you have the right to install them.
Also, your rented property should be free from hazards that could harm your health or safety. The landlord is required to maintain the property in a condition that protects you from dangers like faulty wiring, structural issues, or lack of proper sanitation. They must carry out necessary repairs to ensure the house is safe to live in. Additionally, the landlord must ensure that the property complies with local building codes and safety standards. This right protects your well-being during your tenancy.
The Rights of Tenant When Moving Out
Moving out of a rental property is a crucial phase where understanding your rights as a tenant is really important. These rights protect you from unfair deductions, ensure proper handling of your security deposit, and guarantee a smooth transition. Here’s what you need to know.
Right To Get Your Deposit Back
Once the lease ends, it’s your right to get your deposit back. Your tenancy agreement will determine the duration your landlord will take to give it back. In case you don’t get all of it back, it’s your right to know how much was spent. The best real estate agent or the landlord will take the time to explain everything to you. To be on the safer side, maintain the house in good condition and remember to give one month’s notice when you decide to move out.
Right to Fair Deductions
Any deductions from your security deposit should be reasonable and justified. If the landlord claims damage to the property, they must provide clear evidence, such as receipts, photos, or repair estimates, to support the deduction. The deductions should only cover actual damage beyond normal wear and tear and not for issues that existed before your tenancy. You have the right to dispute unfair deductions, and the landlord must provide an itemized list of charges. This right protects you from unjustified or excessive claims, ensuring a fair settlement when moving out.
Right to Inspect the Property
You are allowed to request an inspection of the rental property, especially when moving out. This ensures that both you and the landlord agree on the property’s condition before you vacate. The landlord must give reasonable notice before entering to conduct an inspection. Any damages or issues beyond normal wear and tear should be noted and addressed. This right helps prevent disputes over the return of the security deposit, ensuring that you are only held responsible for actual damages. It also provides an opportunity to fix any issues before the final inspection, protecting your interests.
Right to Privacy During the Move-Out
You have the right to privacy while vacating the property. The landlord cannot enter the property without your consent or proper notice, except in emergencies. During the move-out process, they must allow you to pack and organize your belongings without unwarranted interference or pressure. This right protects you from any invasion of privacy, giving you the freedom to complete the move-out process at your own pace as long as it aligns with the terms of the tenancy agreement.
Right to Know Why You Got Evicted
In case the landlord decides to give you an eviction notice, it’s your right as the tenant to have the reason behind it. If there is an issue, the landlord should let you know so that you can fix it before they serve you the notice.
Under Kenyan law, eviction must be based on specific grounds, such as non-payment of rent, violating lease terms, or causing damage to the property. The landlord must provide written notice detailing the reason for eviction. They should also explain the actions you can take, such as paying overdue rent or addressing any breaches. This right protects tenants from arbitrary eviction and ensures that the process is fair, transparent, and in line with legal procedures.
Right To End Your Lease Agreement
If you don’t want to live in the house any longer, it’s your right to serve your landlord or the property agent with a one-month notice and move out. Depending on what the tenancy agreement states, any of the parties can end the tenancy agreement. If you feel that the landlord is not listening to your request and you are not happy in that house, you can always move out. There is no worry about making such a change; after all, you are the one paying the rent.
Responsibility of the Landlord in Case of Building Collapse
The cases of buildings collapsing are so familiar here in Kenya. We feel it’s important to educate you on this as well.
Usually, the building collapses due to negligence during construction, poor maintenance, or failure to adhere to safety regulations. This has raised concerns about tenant safety, as landlords are responsible for ensuring the buildings are safe for habitation. The landlord must maintain properties in a safe and habitable condition. If the landlord’s negligence causes a building to collapse, they are liable for any injuries or property damage. As a tenant, you have the right to compensation for medical expenses, property loss, or displacement. You can pursue legal action or file insurance claims to recover all accrued losses.
Take Away on Tenant Rights in Kenya
Knowing your rights will help you solve a lot of issues and make your stay comfortable. When you know your rights, you can maintain a respectful relationship with your landlord and ensure your comfort and safety in the rental property.
Tenancy agreements vary; thus, before signing on those dotted lines, ensure you take the time to read and understand all the requirements.
At Bluman Properties, we are here to help you navigate the rental process and protect your interests. Whether it’s finding the right home or understanding your legal rights, we’re committed to supporting you every step of the way.
Finally, remember that Kenyan law protects your rights. If you feel someone is violating them, don’t hesitate to seek legal advice.