The Urban Tenants Association of Kenya secretary general Ephraim Murigo says a majority of the oppression cases on tenants are unaware they are protected by Landlord and Tenant Act.
The law provides that landlord with property that costs less than Sh 2,500 per month to rent should move to the Rent Restriction Tribunal to seek permission to recover arrears.
On the other hand, the Distress for Rent Act provides spells out procedires landlords should follow to recover rent arrears for premises that costs over Sh 2,500 per month. For such properties, disputes can be handles at the high court.
Tenants have a justification to stop paying monthly rent if a rented property is inhabitale six months after destrcion by fire and after issuing a one-month notice.
Tenants also have a right to oppose eviction or termination of tenancy by opposing application of the landlord at the tribunal.
In addition the landlord has authority to instruct a lawyer to engage licensed auctioneer to sell and seize and sell a renters property to recover arrears, but this must be done with permission of tribunal.
But illegal seizure amount to trespass and could earn the defiant tenants compensation that is double value of their properties taken away.
Rental premises must be fit for the purposes, which they are rented and the owner must disclose defects the tenant cannot discover ordinarily.
The law also bars occupants from transferring, charging or sub-letting the rented property without written permission of the landlord.
And legal action to recover defaulted payments, should commence within six months from the date the rent was last acknowledged to be due.
