Legal Rights & Responsibilities of Landlords in Kenya

The relationship between landlords and tenants in Kenya is governed by laws designed to ensure fairness, transparency, and accountability. Whether you own a single apartment or a portfolio of rental properties, understanding your legal obligations as a landlord is crucial to maintaining good relations with tenants and avoiding costly disputes.

1. Key Legal Frameworks

Landlord-tenant relations in Kenya are guided by the following laws:

• The Landlord and Tenant (Shops, Hotels, and Catering Establishments) Act, Cap 301 – Governs controlled tenancies for commercial and hospitality properties.
• The Rent Restriction Act, Cap 296 – Applies to residential properties with monthly rent below KSh 2,500 (rarely applicable today).
• The Land Act, 2012 and Land Registration Act, 2012 – Outline ownership, leasing, and transfer of land.
• The Residential Tenancy Bill (pending) – Expected to modernize and consolidate residential rental laws.

These legal instruments define the rights, duties, and remedies available to both landlords and tenants.

For tenants’ obligations, see our related guide on Legal Rights & Responsibilities of Tenants in Kenya.

2. Landlord Rights in Kenya

a) Right to Receive Rent

A landlord is legally entitled to timely rent payments as agreed in the tenancy agreement. Rent can be paid monthly, quarterly, or annually depending on the lease terms.

b) Right to Repossess the Property

Upon expiry or lawful termination of the lease, a landlord has the right to regain possession of the premises—provided due notice is issued as per the lease and law.

c) Right to Increase Rent

Landlords may increase rent, but only in accordance with the tenancy agreement. In controlled tenancies, any rent increase must be approved by the Business Premises Rent Tribunal (BPRT) or relevant authority.

d) Right to Evict for Breach

A landlord can legally evict a tenant who breaches the lease terms (e.g., non-payment, property damage, or illegal activities). However, eviction must follow proper legal procedures—self-help evictions (changing locks or cutting utilities) are illegal.

e) Right to Inspect Property

Periodic inspection, with reasonable notice, allows the landlord to check the property’s condition and ensure compliance with the lease.

3. Landlord Responsibilities

a) Maintaining the Property

Landlords must keep the premises in a habitable condition, including structural repairs, plumbing, electrical maintenance, and compliance with safety standards.

b) Respecting Tenant Privacy

Landlords cannot enter the property without reasonable notice (typically 24–48 hours). Entry should only be for repairs, inspection, or emergencies.

c) Providing a Written Tenancy Agreement

A written lease protects both parties. It should clearly outline rent terms, duration, responsibilities, and termination clauses. For more insights on creating strong agreements, check out How to Finance an Apartment Purchase in Kenya, which also covers ownership and leasing fundamentals.

d) Returning the Security Deposit

At the end of the tenancy, landlords must refund the tenant’s deposit—minus any lawful deductions for damages or unpaid rent.

e) Paying Applicable Taxes

Landlords must declare rental income and pay Rental Income Tax to the Kenya Revenue Authority (KRA)—currently at 7.5% of gross monthly rent (for residential properties earning KSh 24,000 to KSh 15 million annually).

4. Common Disputes and How to Avoid Them

Common landlord-tenant disputes involve:

• Rent arrears
• Unauthorized rent increases
• Property damage
• Unlawful evictions

To prevent conflicts:

• Always use written agreements.
• Issue receipts for rent payments.
• Provide clear communication and written notices.
• Seek mediation or file cases with the BPRT instead of resorting to illegal eviction.

For related legal and cultural considerations in property design and tenant relations, read Incorporating Kenyan Culture in Modern Home Design.

5. Best Practices for Kenyan Landlords

• Screen tenants thoroughly before leasing.
• Insure your property against fire and liability.
• Document the property condition before move-in and after move-out.
• Stay updated on emerging rental regulations, including the upcoming Residential Tenancy Bill.

For an overview of market trends influencing property ownership, explore Rental Market Forecast for Nairobi 2025/2026.

Conclusion

Being a landlord in Kenya involves more than collecting rent—it requires understanding your legal rights, fulfilling your obligations, and maintaining professionalism in all dealings. Adhering to the law not only protects your investment but also builds trust and long-term value in the rental market.