Tenants have right to sue nosy landlords

Some relationships between tenants and landlords turn sour at the beginning of every month when rent is due in Nairobi. It has been worse this year following the runaway cost of living. Job losses are also on the increase due to high taxation, making those affected unable to pay rent. Such instances that lead to either delayed or non-payment of rent encourage the love-hate relationship between tenants and landlords. Beatrice, Nairobi.

Some tenants accuse homeowners of invasion of privacy when the landlords use ‘cheeky’ ways of getting delayed rent. For instance, there are landlords who enter into business premises or houses unannounced to allegedly inspect the property.

The landlord could be the impatient type who knocks on your door on the first day of the month even after you agreed to be paying rent on the 5th.

There are also landlords who spend hours – uninvited – in the houses of their tenants allegedly watching football. Others knock on the doors of tenants to instruct them to reduce the volume of their sound systems.

Some property owners even threaten tenants who complain of invasion of privacy with eviction.

Arrogant landlords are among the reasons some Nairobians strive to own homes despite high mortgage rates. People who refuse to be at the mercy of stubborn landlords but cannot afford homes mostly move, hoping they will find a better one.

However, nosy landlords can be sued for trespass as tenants should enjoy their rented premises.

Landlords should give notice before entering the houses of their tenants. And this should be at a time convenient to the tenant. Tenants too are obliged to allow the property owner to view the condition of their property at a convenient time.

Property laws mainly seek to protect tenants from the harassment of landlords especially when the two never agreed on terms of the tenancy.

Landlords should not take advantage of tenants who moved into their premises on verbal agreements believing the law would favour them.

Tenants whose landlords trespass can report them to rent restriction tribunals if they pay rent of below Sh2,500 per month and to court if it exceeds this amount.

Entrepreneurs can report cases at the business premises rent tribunal.

Tenants who fail to fail to pay rent and run to the tribunals for redress may not be assisted.

A lease agreement should not make one put up with a stubborn landlord – suing for damages or revoking the contract are options.

Harold Ayodo is an Advocate of the High Court of Kenya