5 Tactics Tenants Use to Revenge When Landlords Delay Deposit Refunds

A collage of a person pouring oil down the drain (left) and an apartment block in Nairobi (right)
A collage of a person pouring oil down the drain (left) and an apartment block in Nairobi (right)
Photo/Rent Kenya

Kenyans on Wednesday, April 19, exposed payback tactics they allegedly adopted when landlords failed to repay their rent deposit even after issuing a notice.

While others suggested it was wrong to take revenge, many disagreed with the sentiments claiming that they had no other options other than to vandalise property. 

On top of the list was flushing cement down the toilet to damage the building's sewerage system. The dreaded tactic was listed to cause permanent damage to the building.

Secondly, some tenants post the building on several highways as it is frowned upon by the Kenya National Highway Authority (KENHA). KENHA penalises anyone who defaces the highway and other road furniture, with fines of up to ksh85,000. 

A block of apartments in Nairobi.
A block of apartments in Nairobi's Kilimani Estate.
Photo
Rent Kenya

Some tenants claimed they poured cooking oil, flour, or molten wax, down the kitchen sink to clog the drainage. 

Some went to the extent of stealing the electricity meter. An electrician noted that he often tampered with the electricity connection forcing the landlord to seek Kenya Power's aid. 

Pouring super glue in the main gate's padlock and other doors was also listed. 

Speaking to Kenyans.co.ke Collins Maroa, a Chacha Real Estate realtor, debunked the issue, noting that it was an eye-opener for tenants, landlords, and agents.

He argued that all the stakeholders should learn about their rights and responsibilities to avoid such unfortunate instances.

According to the realtor, some of the payback tactics adopted by Kenyans were way costly to the landlord giving an example of flushing cement down the toilet.

Maroa noted that as realtors, they were educating tenants and landlords to foster a good relationship.

"I urge landlords to provide the service the tenants paid for. It is unrealistic for the tenants to b disregarded because they are moving out. Give the tenants their deposit back," he told Kenyan.co.ke.

A collage of an apartment block in Nairobi (left) and a mix of cement at a construction site (right)
A collage of an apartment block in Nairobi (left) and a mix of cement at a construction site (right)
Photo
Rent Kenya/Construction Kenya

A tenant, rather than resort to violence, can file their cases with the Landlords and Tenants Association of Kenya, where they would enjoy a right to a free hearing. 

However, if caught, Maroa, underlined, the landlord can sue the tenant for the damages.

Section 339 (1) of the Penal Code states, "Any person who willfully and unlawfully destroys or damages any property is guilty of an offence, which, unless otherwise stated, is a misdemeanor, and is liable, if no other punishment is provided, to imprisonment for five years.”

Nonetheless, lawsuits are handled on a case-to-case basis, and some suspects were slapped with fines of up to Ksh5 million in the past. 

Further, according to the Landlord and Tenant Bill (2021), the tenant is supposed to award compensation to the landlord for damage to the premises and order a refund of the deposit or any other sum paid.

'Provided that the tenant has restored the premises to the condition in which it was when the tenancy commenced and has paid all the utility bills," read the Bill in parts.

Some landlords, nonetheless, inspect houses before a tenant leaves and during packing and moving out. 

A block of apartments in Nairobi, Kenya.
A block of apartments in Nairobi, Kenya.
Photo/ Rent Kenya
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