By Harold Ayodo
The year has kicked of with the usual war of words between tenants and landlords after expiry of lease agreements.
Grace Kerubo is one of the many tenants who have emailed to enquire about their rights. Kerubo says her landlord in Lang’ata slipped a notice under her door to report that rent will increase by Sh3,000 starting February.
"The landlord attributes the increment to inflation and increased interest rates in banks from 14 per cent to 24 per cent," Kerubo says.
According to her landlord, he took a mortgage that messed him up after banks and mortgage firms increased interest rates towards the end of last year.
"My landlord says the houses are his sole source of income and increasing rent is his surest way of servicing the mortgage lest his flats are auctioned," Kerubo says.
Mark Macharia in South B says his landlady has refused to return the Sh25,000 deposit he paid when moving in.
"The lease stipulated that she shall refund the deposit before I move out after issuing one month notice, which I did in November last year," Macharia writes.
Macharia has now resolved to move out at the end of this month, arguing he is living on the controversial deposit.
In cases where landlords and landladies breach tenancy/lease agreements, the tenant has a right to sue the landlord.
According to complaints, it is not only on refund of deposits, but also failure of house owners to abide by other clauses in the agreement. Some readers claim house owners have threatened them with eviction if they fail to pay arbitrarily increased monthly payments.
In some cases, landlords and landladies either lock or change door locks to reign in on ‘cheeky’ tenants who engage them in hide and seek. Some tenants, however, say they did not sign leases and wonder how they can seek redress.
Legally, tenants and landlords have their responsibilities, which may be presumed even without written agreements. Such responsibilities include paying rent and other bills on time and maintaining the house in good condition.
Tenants should also not sublet the house without the written permission of the owner and must move out on the agreed date.
On their part, landlords must ensure the house is in good condition and tenants enjoy their stay and privacy. They must also refund deposits as agreed in writing and pay the required land rates and land rent to the Government.
House owners should also insure their property against loss or damage caused by fire and other calamities. They must also strive to keep the main walls, roofs and other exterior structures of the houses clean.
Landlords should also ensure electrical lighting, sanitary installations, water heater tank pipes and gutters are in good condition.
The writer is an advocate of the High Court of Kenya.
