Explained: Your Rights When Landlords Suddenly Raise Rent in Kenya

Tenants across Kenya have continued to face disputes with landlords over rent increases, evictions, disconnection of water and even electricity.

For some, the landlord can wake up one morning and increase rent, and the tenants are forced to pay without questioning or protesting, or they will be thrown out.

Unbeknownst to many, however, you can actually sue your landlord for increasing your rent, and he will be forced to pay hefty fines or even face jail terms.

In Kenya, tenants have a legal right and cannot be evicted, their rents increased, or essential services like electricity and water disconnected.

Many tenants remain unaware of the protections provided by the Rent Restriction Act, a law that regulates rents and protects tenants from unlawful landlord actions.

In an explanation, lawyer Danstan Omari has moved to lay down the protections tenants enjoy against evictions and other inhumane actions by landlords.

Increase in Rent

Omari explains that landlords cannot simply increase rent or evict tenants without following the proper legal procedures.

In his argument, Omari says that for a landlord to increase house rent, they first need to seek approval from the rent restriction tribunal.

“Before a landlord increases rent, they must seek approval from the Rent Restriction Tribunal. The law is settled. If your landlord wants to increase rent, they must go to the tribunal to seek an assessment. The landlord cannot increase rent without the authority of the tribunal,” Omari stated.

The tribunal operates in several towns, including Nairobi, Mombasa and Nakuru, where it handles disputes between landlords and tenants and determines whether rent adjustments or evictions are justified.

Omari further advises tenants that, in cases where their rent is increased, they should seek intervention from the tribunal, where the landlord can be jailed for a period of six months, pay a fine of Ksh 4000, or both.

Under the law, landlords are also prohibited from disconnecting utilities, such as water and electricity, to force tenants out due to rent arrears. Such actions, the lawyer says, must first be authorised by the tribunal.

But despite these protections, tenants continue to suffer unlawful evictions and harassment, particularly in urban areas where the demand for housing remains high.

When You Delay Paying Rent

In some cases, tenants report being locked out of their homes, having their doors removed, or having their utilities disconnected without notice for failing to pay rent on time. These actions, the lawyer says, amount to harassment under Kenyan law.

“If the landlord is found to have disconnected these utilities, he will be fined Ksh 2000 or face imprisonment of between 1 month and 7 months or both,” he added.

The law also places responsibilities on landlords, including maintaining rental premises in a habitable condition. Failure to carry out necessary repairs may attract legal penalties.

When Landlords Can Evict Tenants

The law also provides clear guidance on circumstances that may allow a landlord to evict a tenant.

Omari explains that if the landlord wants to evict you from his house, the law requires that, before issuing an eviction notice, the landlord must seek the tribunal’s help and show an intent to evict the tenant. You cannot be evicted without an eviction notice.

He states that “No landlord, except with the prior consent of the tribunal, shall remove anybody from the place they are staying.” The same laws also apply to furnished apartments.