What are the rights and obligations of your tenants?

Ephraim Murigo, secretary general of Urban Tenants Association of Kenya (UTAK) never tires from sensitising tenants on their rights and obligations.

But he is upset that tenants remain ignorant of their rights and obligations despite the work he is putting into creating this awareness leaving themselves vulnerable to exploitation by landlords or other people when they fail in their obligations. 

“Most tenants are ignorant of their rights and obligations. They only learn from experience, when it is too late,” says Ephraim.

Among the core values of UTAK are addressing conflicts and disputes arising from landlords and tenants, advocating for tenants in case of infringement, awareness creation, education and training on tenants’ obligations among other things.

According to Ephraim, most conflicts between landlords and tenants usually arise when either of the two ignores the other’s concerns. For instance, the tenant may disregard paying rent at the agreed time thereby causing conflict.

A landlord may, on the other hand, rub tenants the wrong way, when he or she fails to carry out normal repair works in the rented house or apartment.

“These small things matter a lot. And if not addressed in time, may bring conflict,” Ephraim stressed.

Ignorance

But what are tenant’s rights and obligations as well as the landlord’s right and obligations? “ Basically, the landlord’s right is the tenants obligation, and vice versa” says Ephraim.

Although most Kenyans are not aware of this fact and others subconsciously do it, it is an important part of the tenant’s right to have with them their Landlord’s contact details. If possible, both the phone number and e-mail address.

The tenant is also obligated to contact the landlord whenever they deem necessary. However, please be humane and be mindful of their privacy.

For instance, take note of the time you contact the landlord and the matter in question. For sure your landlord will not be happy if you keep calling him at 10pm to discuss issues that may be going wrong in the house. The same applies in the case of an agent.

Tenants should be able to enjoy their stay in a rented house and be allowed to enjoy their privacy. Landlords are not to enter the tenant’s house without their prior consent or advance notification.

However, there are exceptional cases which allow their trespass, especially where a tenant becomes a nuisance to neighbours by being rowdy or where there is a life and death situation.

Exploited

Tenants are also called upon to pay rent at the agreed time to avoid any unpleasant situations with the landlord. They also have the right to be given notice, in case of termination of a leasing contract. Knowing one’s obligation shields them from being exploited by the landlord or being thrown out without notice.

Some tenants rent a house as one person and along the way, bring more people to live with them. The landlord deserves to know who the tenant is living with for accountability and security concerns.

Tenants can also ask for the rules in places where they intend to rent a house before moving in. Some landlords are strict and may not allow visitors or there may be a curfew on when you can come in.

But in any case, don’t be a nuisance to others or the landlord. Such action brings unnecessary conflict. Tenants are also obliged to keep the house in good condition.

Some tenants are notorious for damaging things in the house to the extent where the landlord has to make major repairs when the tenant moves out. It’s always best to treat the house like it is your own.

Landlords, on their part, are obligated to carry out regular repairs in the rented house and give proper information with regards to a contract. If you are not sure of what your rights as a tenant are, you can find more on your rights from legal experts and advocacy groups.

UTAK is just one among a number of organisations that advocate for tenants’ rights in the country. Others are the Kenya Alliance Residents Association and Kenya tenants Association.

Both of these associations exist to address the rights of tenants nationwide with the goal of solving the problems they face and guarding them against exploitation by ruthless home owners.

Residents and tenants can register to become members of either of the groups. However, the conditions they have set out have to be met.

One of them is that the person registering needs to be a tenant who pays rent promptly, so if you have a problem doing this, then think twice before you attempt to register.

“You can’t be a tenant if you don’t pay rent, you can also not complain about your landlord if on your part, you do not pay your rent regularly and on time,” says Ephraim.

Landlords, too, have a way of ensuring their rights are not overstepped. Most have entrusted their properties to lawyers who are well versed with leasing laws. This way, everything is put on paper and rules and regulations are clearly outlined.