A section of landlords in different parts of the country restrict single and unmarried people from occupying their houses.
Unmarried individuals, especially in Nairobi residential areas, are compelled to seek alternative houses despite proving their financial ability due to strict guidelines that block them from signing tenancy agreements.
Besides being single, other property owners turn away individuals below a certain age denying them tenancy rights.
Speaking to Kenyans.co.ke, property and real estate lawyer, Ken Mugambi, indicated that guidelines prohibiting unmarried individuals from renting a house are not anchored in the law.
"There are no legal provisions at the moment that allow landlords to block tenants from occupying a house because of their marital status," Mugambi stated.
"These are just preferences set by landlords which can be interpreted as discrimination against a tenant," Mugambi added.
Why Some Tenants are Blocked
Hygiene
According to a property owner from Katani, Machakos County, who spoke to Kenyans.co.ke on condition of anonymity, some landlords prefer married people over singles due to the issue of cleanliness.
He argued that most unmarried people fail to honour the tenancy agreement's clause on keeping their houses clean, attracting complaints from neighbours.
To avoid friction, some landlords prefer turning down tenancy applications from tenants.
"Some bachelors fail to abide by my rules on cleanliness. This, in most cases, is highlighted by other tenants, so avoid getting into those disagreements; we decide not to allow them.
Disorderly
Some estates in Nairobi do not allow single men or women below a certain age to occupy their property. In most cases, university students are the most affected.
According to most property owners, young and unmarried individuals are synonymous with causing noise disturbance by playing loud music, especially at night.
Subletting
Speaking to Kenyans.co.ke, Collins Maroa, a realtor at Chacha Real Estate Company, stated that a few landlords impose those laws to avoid clashing with bachelors who end up subletting their houses.
According to Cap 301 of the 2010 Constitution, landlords are allowed to terminate the tenancy agreement if a tenants sublets a house.
"That the tenancy was created by the subletting of part only of the premises comprised in a superior tenancy of which the landlord is the owner of interest in reversion expectant on the termination of that superior tenancy, and that the aggregate of the rents reasonably obtainable on separate lettings of such premises in parts would be substantially less than the rent reasonably obtainable on a letting of such premises as a whole, and that on the termination of the tenancy the landlord requires possession of such premises as a whole for the purpose of letting or otherwise disposing of the same as a whole," the Cap reads in part.
Misconduct
Some landlords fear that single men and women are likely to perpetuate behaviour that is against social norms. According to various social media reports, some tenants are blocked because landlords fear that they are likely to turn their houses into partying dens.
"We are just wary of our house turning into a party spot, as single guys often throw weekend bashes," Katani property owner stated.
However, Charles Sigei, tenant-based in Rongai, Kajiado County, refuted the claims arguing that some unmarried individuals are disciplined and even conform to standards set by landlords.
"Landlords who block unmarried tenants from occupying their property do so on the basis that they will cause disturbance. This is not always the case, there are some people who are very disciplined and who are unmarried not because of age or anything, but rather out of choice. So no, landlords should not block unmarried tenants from occupying their property," Sigei stated.
Financial autonomy
Some landlords block unmarried tenants because they lack financial autonomy. Some bachelors below 30 years old depend on their parents and receive other financial support to offset their bills.
According to lawyer Mugambi, landlords tend to avoid getting into tenancy termination rows that escalate, leaving them with huge legal bills.
Security
According to Maroa, a realtor, some landlords impose those restrictions for security reasons. Defending his sentiments, he argued that it is easy to track married people.
"You know most married people cannot just disappear. They have to plan and organise on how to move out with their families. But some single people can just disappear," Maroa stated.
However, Maroa indicated that most landlords are dropping those restrictions due to high competition in the real estate sector.
Maroa added that government tax policies have compelled landlords to bend the rules in order to meet the revenue quotas.
