Of late, moving into new houses in Nairobi and other parts of the country comes with certain demands, including signing contracts with certain terms and conditions listed.
Most Nairobi landlords draft binding rules to streamline the real estate sector and ensure tenants' compliance with stipulated guidelines.
The rules act as a check and balance to ensure tenants are protected by the law while not violating the housing rules.
In upmarket estates such as Karen, Kilimani, Kileleshwa, Muthaiga Upperhill and Runda, tenants sign an agreement before moving into the apartments.
The rules are further enforced through representatives and associations which draft policies in collaboration with local authorities.
Details of the Contracts
According to the rules and regulations, tenants are only allowed to use the premises for residential purposes only. The policies bar them from conducting any business in or from their premises unless agreed on before moving in.
The rules dictate that tenants will not conduct activities or store products that will increase the risk of fire or that may conflict with fire or insurance regulations.
They are also expected to respect the rights of other occupants. Unreasonable shouting, loud music, violent character and portraying any form that violates the community moral standards is considered an offence.
Failure to abide by these regulations may lead to immediate termination of the tenancy contract.
"Tenants are responsible for the behavior of any and all of their guests, visitors, and invitees. Such persons may not break Tenants' Lease or these Rules and Regulations. Tenants are responsible to pay for any damages or clean-up resulting from the conduct of their guests, visitors, and invitees," the rules dictate.
"Tenants will not obstruct entrances, public areas, hallways or other corridors, stairs, exits, elevators, lobbies, driveways, parking areas, walks, or fire escapes," the rules add.
Some estates restrict driving nails or screws into walls, floors, tiles, ceilings, woodwork, or partitions. Driving nails is considered as defacing the property and thus attracts heavy fines.
Further, some landlords prohibit occupants from changing door locks and keys during their tenancy period.
Tenants are also not allowed to varnish, paint, paper, or otherwise decorate any walls, floors, doors, or woodwork without prior written permission of the Landlord.
Some landlords bar tenants from radio transmitters apart from antennas and aerials.
Others Rules
Tenants must perform reasonable housekeeping to maintain the cleanliness, neatness and sanitary condition of their premises. This includes painting gates, security and house walls. Some estates have standard colours that must be maintained throughout a tenant's stay.
Trash and garbage should be placed in the trash and recycle containers provided by the landlord, and container lids, if any, must be kept tightly closed at all times.
Unless expressly permitted by the landlord in writing, Tenants shall not display any signs, flags, pennants, placards, advertisements, notices, pictures, ornaments, stickers, handbills, or other lettering to be visible on the outside of the building or the premises.
The landlord provides light bulbs for all fixtures at the beginning of the lease term. Tenants replace light bulbs in all lighting fixtures in the premises during the lease term and will leave working light bulbs in all lighting fixtures at the end of the lease.
According to landlords and residents' associations, breach of the rules may lead to tenancy termination and even, in extreme cases, attract penalties.
However, tenants are also protected by the rules and regulations enshrined in the Constitution, which requires the landlords to issue a notice of vacation in case of a breach of the contract.
