This archive report was first published on 24 August 2021.
Landlords to Give Tenants a Month to Vacate If They Fail to Pay Rent ¶
August 24, 2021
Members of Parliament have proposed reducing the period landlords can give tenants to vacate their premises from three months to one month in case of failure to pay rent.
The proposal, contained in the Landlord and Tenant Bill, 2021, is aimed at protecting tenants from being evicted without sufficient notice.
According to the Bill, landlords will be required to give tenants a one-month notice to vacate their premises if they fail to pay rent, instead of the original three months proposed by Majority Leader Amos Kimunya.
However, no landlords will seize a tenant's property for default in the payment of rent, or for the breach of any other obligation of the tenant without legal process.
"A landlord shall provide a tenant with receipts for reasonable expenses incurred for repairing premises that the landlord proposes to deduct from any security deposit held," reads the report.
Committee chairman, Mr David Pkosing, said the contents of the report reflect views collected from Kenyans during public participation.
"Committees are conveyor belts of what the people say. What you see in that report is a collection of what people -- both tenants and landlords, told us during our public sessions," Mr Pkosing said.
"The proposals contained in our report are a result of the compromise between landlords and tenants and as legislators, we make laws that benefit both," Mr Pkosing added.
He pointed out that the proposals as contained in the report are not final, as the House has an opportunity to either adopt or reject them.
Other proposals contained in the Bill include the requirement for landlords and property owners to keep a registry of tenants, containing personal details such as names, postal addresses, phone numbers and emails.
Additionally, the Bill proposes that a tenant who does not oppose 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.
However, it is now good news to tenants as MPs are proposing that if they are leaving, then the landlords will be required to provide them with receipts of repairs done before deducting any amount from their deposit.
