Under the Landlord and Tenant Act and 2021 Rental Housing Regulations, landlords cannot forcefully evict tenants without following due process. Key rules:

1. No "lockouts" or intimidation – Changing locks or confiscating belongings is illegal.

2. Proper notice must be given – Typically 1-3 months depending on the lease.

3. Court order required – Only a magistrate can approve an eviction.

🚨 Penalties for illegal evictions: Up to cash fine or some jailtime.

📝 Step-by-Step Process for Handling Rent Arrears
1. Communicate Early (Before Arrears Pile Up)
Send a polite reminder (SMS/email) when rent is 3-7 days late.

Offer a payment plan if the tenant has temporary financial issues.

2. Issue a Formal Rent Demand Letter
If unpaid for 14+ days, send a dated, signed letter via:

Registered mail (for proof of delivery)

Witnessed hand delivery

Template content:

"This is a formal notice to settle the outstanding rent of Ksh XX within 7 days. Failure to comply will lead to legal action."

3. Apply for Rent Tribunal Mediation (Alternative to Court)
Under the 2021 Regulations, tenants/landlords can seek help from the Rent Tribunal (cheaper/faster than court).

How it works:

File a complaint at your county Rent Tribunal office.

Mediators will negotiate a payment plan or eviction timeline.
NOTE: The Tribunal is unable to determine disputes where the monthly standard rent payable exceeds KSh. 2,500.

4. File for Eviction in Court (Last Resort)
If mediation fails:

Serve a termination notice (1-3 months, depending on lease terms).

File an eviction suit at the Magistrate’s Court.

Attend hearings – Present lease agreement, rent records, and demand letters.

Court issues eviction order.

⚠️ 5 Illegal Eviction Tactics to Avoid
1. Cutting utilities (water, electricity).

2. Removing doors/windows.

3. Harassing the tenant (threats, verbal abuse).

4. Seizing belongings as "collateral."

5. Changing locks without notice.

💡 Alternative: Offer a "cash-for-keys" deal (pay the tenant to leave voluntarily).

🛡️ Tenant Rights in Kenya
Tenants can challenge evictions if:
✔ No proper notice was given.
✔ Rent was paid on time (keep receipts!).
✔ The eviction is retaliatory (e.g., after requesting repairs).

💼 Landlord Best Practices

1. Keep detailed records (signed lease, payment history).
2. Include a clear arrears clause in the lease (late fees, grace periods).

📌 Makao Spaces Tip: Always try negotiation before court—it saves time and money!

#KenyaRentals #LandlordRights #TenantEviction #LegalAdviceKenya #MakaoSpaces

💬 Have you dealt with rent arrears? Share your experience below! ⚖️