Rights of the Landlord

Just as the tenants have their right, landlords have them too. The rights and responsibilities vary from one place to another; that is why it's important for the tenants to read and understand the lease before they sign.
Landlord Rights
  1. Rights To Choose a Tenant
As the landlord, you have the right to select a tenant using rental history, credits references, credit checks,
           
income information, and guarantees. However, you cannot refuse a tenant based on disability, family status, marital status, sexual orientation, age, ethnic origin, religion, race or birthplace.
Rights Once the Tenant Moves In
These are the most crucial landlord rights once the tenant moves in;
  • Rent Deposit collection
Once the tenant sign tenancy or lease agreement, you can correct the rent deposit. The amount can be one to three months deposit same as the rental charges.
  • Rent Collection
On the day the rent is due, you are entitled to collect rent.
  • Rent Increase:
After every 12 months, the landlord can increase the rent according to the lease agreement. However, they must follow guidelines when increasing rents such as giving 60 days written notice for commercial properties and thirty days for rental home and more.
  • Entry to the Rental Properties:
You have the right to enter the rental houses when you want to; complete repairs or maintenance, show a potential tenant the premises or when there is an emergency. However, apart from the time, there is an emergency case, the moment they have signed the agreement, you need to alert the occupant before you get in.
  • Tenant Eviction
As the landlord, you have the right to evict a tenant in some situations. If you give them notice and fail to comply or choose not to leave, you have the right to file an application with rent tribunal.
Some of the Reasons to evict a tenant include:
  • They don't pay rent, or they frequently pay you late
  • They do something illegal in the unit or the building
  • They cause excessive damage to the building or the apartment
  • They cause unreasonable disturbance to other tenants in the apartment
  • They bring too many people to live in the unit. "Too many" in this case means a number against safety, health and housing standards.
  • They lied about their actual income when they were signing the rental agreement
  • You want to move -in a member of your family to the apartment. "Family" in this case means your spouse, spouse's parent or a child. 
  • If you want to renovate the whole building or change the entire unit for something else
Landlord cannot Evict a Tenant for Reasons Such as
  • The tenants have children, or the children are too noisy
  • They have joined tenant association
  • They have asked for repairs
  • They have a pet (unless it causes disturbances to other tenants)
Landlord Responsibilities
It's the responsibility of the landlord to keep the property safe. This involves basic safety such as flooring that won't cause one to trip, proper wiring to prevent electrical problems, etc.
Take Away

Landlord rights are likely to be more comprehensive within a tenancy agreement, although some conditions may vary from one landlord and property to the next. Sometimes you can negotiate with the landlord the bills to be included, but in the end the landlord is the one to decide. For rental houses in Kenya, the amount of rent is based on current market prices, and there is no limitation to what landlord can ask for.

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