Landlords have a little bit of stake when entering into a rental agreement with tenants. To help them manage their properties without clashing with tenants there are laws set by the government that protect them.
These laws are contained in Cap 301 of the 2010 Constitution that allows them even to terminate the tenancy agreement.
However, there is a tribunal that makes the final decision after a landlord asks a tenant to vacate their property. The laws also apply to commercial property.
Here are the instances when a landlord can terminate the tenancy agreement
According to section of 4 of Cap 301 of the Kenyan Constitution, a landlord can apply for the termination of the tenancy agreement if he intends to occupy the premises himself for a period of not less than one year.
A landlord can apply for tenancy termination if the occupant of the premises fails to comply with obligations to carry out repairs and if he intends to carry out maintenance.
"Where, under the tenancy under which the tenant holds for the time being, the tenant has any obligations in respect of the repair and maintenance of the premises comprised in such tenancy, that the tenancy ought to be terminated in view of the state of repair of the premises, being a state resulting from the tenant’s failure to comply with the said obligations," the law states.
The law also stipulates that a landlord can file for tenancy agreement termination if a tenant has defaulted in paying rent for a period of two months.
"That the tenant has defaulted in paying rent for a period of two months after such rent has become due or payable or has persistently delayed in paying rent which has become due or payable," that section explains.
Property owners can also file for termination of tenancy if the occupant of their premises commits other substantial breaches of obligations under tenancy. Different landlords have different obligations stated in their tenancy agreement.
The law also allows landlords to evict a tenant on grounds that they are have offered to provide or secure the provision of alternative accommodation for the tenant. The provided alternative accommodation should however first match the tenants demands.
A landlord is also allowed to terminate the agreement if a tenant enters into a subletting agreement and subverts the owners' expectations. In most cases this happens when a tenant rents out the property and obtains superior figure than what is remitted to the landlord.
Moreover, landlords can terminate the agreement if they intend to demolish or reconstruct the premises comprised in the tenancy or a substantial part of it.
However, in the proposal contained in the Landlord and Tenant Bill 2021 before the Senate, they are expected to issue a three-month eviction notice.
The Bill however indicates that a tenant who does not oppose an increase of rent after receiving notice of an intended increase within 30 days of the notice, will be deemed to have accepted the rent increase.
