As a landlord, much of the focus is often on tenant rights, leaving your rights overlooked. Just as the tenants have their rights, you as a landlord, have them too.
Yet, understanding your rights is just as crucial for protecting your property and cultivating a fair landlord-tenant relationship. You will be able to handle issues like unpaid rent and make sure tenants follow the lease. It also helps you stay fair and within the law. Here’s what you need to know as a landlord.
Why Landlord Rights Matter
As a landlord, your property is a valuable investment that needs proper care and protection. Understanding your rights helps you manage your property effectively and ensures tenants follow their responsibilities. Without knowing your rights, you might face problems like unpaid rent, damage to your property, or conflicts with tenants. Your rights protect your finances and help create a fair and respectful relationship with tenants.
Remember, you also play an important role in providing a place for people to live, offering stability and comfort for your tenants.
Once you stay informed, you can handle issues confidently, enforce the lease, and provide a positive experience for both you and your tenants.
Your Rights as the Landlord Before the Tenant Moves in
Before a tenant moves into your property, it’s important to know your rights as a landlord. These rights help you choose the right tenant, set clear rules, and make sure your property is in good condition. Here are six key rights you have before the tenant settles in.
Rights To Choose a Tenant
As a landlord, your right to choose tenants goes beyond simply selecting someone to occupy your property. You have to ensure that the tenant you choose is a good fit for your property.
You have the right to select a tenant using rental history, credit references, credit check income information, and guarantees. However, you cannot refuse a tenant based on disability, family status, marital status, sexual orientation, age, ethnic origin, religion, race, or birthplace.
Landlord Holds the Rights to Set Lease Terms
As a landlord, you have the right to decide the terms of the lease, such as how much rent to charge, how long the lease will last, and any rules for your property. This helps you set clear expectations for your tenant and protect your property. It could be about pets, maintenance, or how to renew the lease. You have the power to create terms that work best for you and your property. This is the only way you will enjoy a respectful and smooth tenancy.
Right to Collect a Security Deposit
As a landlord in Kenya, you have the right to collect a security deposit from your tenant before they move in. This deposit acts as a safeguard against damage to the property by the time they are moving out. You can set the deposit amount based on your preference. It could be one month, two, or even three months. Note that the deposit is not meant to be used as rent unless you agree in writing with your tenant.
When the tenant moves out, you are required to refund the deposit within a reasonable time, usually within 30 days, after deducting any costs for repairs or unpaid dues. If there are no issues, the full deposit should be returned. The deposit cannot be used as rent unless the tenant agrees to it in writing.
Landlord Has Rights to Approve or Reject Tenants
As a landlord, you have the right to decide who rents your property. You can approve or reject tenants based on legal and fair criteria, such as their ability to pay rent, rental history, or references.
It gives you the ability to align with the values and rules you’ve set for your property. You can assess applicants based on their rental history, financial stability, and references to find a good match. However, this right comes with the responsibility. You need to act fairly and avoid discrimination based on race, gender, religion, or other protected traits under Kenyan law.
Landlord Rights Once the Tenant Moves In
As a landlord, it’s important to understand what rights you hold when a tenant moves in. Here are some of your rights:
Right to Charge for Late Rent
As a landlord, you have the right to charge a late fee if the tenant fails to pay rent on time. In Kenya, the law allows landlords to charge up to 10% of the rent as a penalty for late payment, provided this is clearly stated in the tenancy agreement. This late fee serves as an incentive for tenants to pay on time and compensates you for the inconvenience caused by delayed payments.
Right to Evict (With Cause)
As a landlord, you have the right to evict a tenant if they breach the terms of the lease. While eviction should always be a last resort, it is important to understand the valid reasons that can justify this action. Common reasons include non-payment of rent, property damage, illegal activities, or violating the rules outlined in the agreement. However, eviction must follow legal procedures in Kenya, such as providing written notice and allowing the tenant time to address the issue if possible. If the tenant fails to comply, you can proceed with legal action through the Rent Tribunal or the courts. This right ensures you can protect your property and enforce accountability. However, the rule should always be exercised fairly and lawfully to avoid disputes.
Right to Enter the Property (With Notice)
As a landlord, you have the right to access your property for valid reasons, such as conducting repairs, inspections, or addressing emergencies. However, you must respect the tenant’s privacy and provide reasonable notice, typically 48 hours, unless it’s an urgent situation. This right allows you to ensure the property is well-maintained and any issues are resolved promptly while maintaining a respectful relationship with your tenant.
Right to Enforce Lease Agreements
As a landlord, you have the right to enforce the terms outlined in the lease agreement. This includes ensuring tenants pay rent on time, follow property rules, and maintain the premises as agreed. Suppose tenants breach any part of the lease, such as causing damage or engaging in prohibited activities. In that case, you have the right to take appropriate action, including issuing warnings or pursuing legal advice. As a landlord, you should ensure clear communication from the start. This means discussing the lease terms, expectations, and any rules with the tenant before they move in.
Landlord Has Rights to Terminate the Lease
As a landlord, you have the right to terminate a lease under specific circumstances, such as when the tenant breaches the agreement, fails to pay rent, or engages in illegal activities. You may also terminate the lease if you need the property for personal use or plan to sell it. However, keep in mind that you need to follow the notice period required by Kenyan law, which is typically 60 to 90 days. To ensure there is fairness and avoid disputes, be sure to follow a proper legal procedure.
Right to Address Complaints
As a landlord, you have the right to address any complaints made by tenants regarding the property or any other issue relating to the house. This includes issues related to maintenance, cleanliness, noise, or disputes with neighbors. Addressing complaints promptly not only helps maintain a positive tenant-landlord relationship but also ensures the property remains in good condition. A quick response demonstrates your commitment to providing a safe and comfortable living space for your tenants. It will also help you retain tenants for a longer period.
Rights of the Landlord Once the Tenant Moves Out
When the tenant is moving out, there are things you need to know. These rights are meant to help you address damages, recover unpaid rent, and prepare the property for the next tenant. Here are the key rights you have when a tenant is moving out:
Right to Inspect the Property
As a landlord, you have the right to inspect your property once the tenant moves out to assess its condition. This allows you to check for damages beyond normal wear and tear in order to leave the house in acceptable condition. You should do the inspections once the tenant vacates the house and with proper notice to maintain professionalism. This step helps you decide if deductions from the security deposit are necessary and ensures the property is ready for the next tenant.
Right to Retain a Portion of the Security Deposit
As a landlord, you have the right to retain a portion of the security deposit to cover specific costs allowed under the lease agreement. This includes unpaid rent, property damages beyond normal wear and tear, or cleaning fees if the tenant leaves the property in poor condition. However, you must provide a clear breakdown of the deductions to the tenant. Ensure there is transparency to maintain fairness and avoid disputes over the deposit.
Right to Recover Unpaid Rent
As a landlord, you have the right to recover any unpaid rent owed by the tenant at the time they move out. If the tenant fails to clear their rent balance, you can deduct the amount from their security deposit. If the deposit is insufficient or unavailable, you may pursue legal action to recover the outstanding rent. This ensures you are compensated for the time the property was occupied without full payment.
Right to Charge for Repairs Beyond Normal Wear and Tear
As a landlord, you have the right to charge tenants for any damage that goes beyond normal wear and tear. Normal wear and tear refer to natural, minor deterioration that happens over time. However, if the tenant causes excessive damage, such as broken doors, you can charge them for the repair costs. In fact, you can deduct these costs from the security deposit, or you can bill the tenant directly for the repair. Note that, it’s important to keep records of the damage and inform the tenant to avoid misunderstandings.
Right to Relet the Property
Immediately after the tenant gives a notice, you have the right to start looking for new tenants. This allows you to minimize the time the property remains vacant and continue generating income. Besides, you don’t have to wait for the full notice period to pass before advertising or showing the property to prospective tenants. It will only make you incur unnecessary loss of rental income.
Right to Withhold Deposit for Cleaning Costs and Repainting the House
As a landlord, you have the right to withhold a portion of the security deposit to cover cleaning and painting costs if the tenant leaves the house in an unsatisfactory condition. This could include areas with excessive dirt, trash, or neglect that require professional cleaning to return the property to its original state. However, the cleaning charges must be reasonable and in line with the lease agreement terms.
Right to Change Locks
As a landlord, you have the right to change the locks once the tenant moves out to ensure the security of the property. This is particularly important if the tenant did not return all keys or there are concerns about unauthorized access. Changing the locks helps protect your property and the next tenant’s safety.
Take Away on Landlord Rights
As a landlord, your rights are clearly outlined in the tenancy agreement, though they may vary depending on the property. Tenants can discuss things like bills, but you have the final say. In Kenya, rent is based on market prices, and there’s no limit on how much you can charge. Understanding these rights helps you manage your property better and make fair decisions.