Tenant Rights in Kenya: Deposits, Notice and Rent

Last reviewed: 17 October 2026. This guide is general information, not legal advice. Which rules apply depends on your property, your rent and your lease, so speak to an advocate or the relevant tribunal about your situation.

Kenya does not have one single tenancy law. The rules that apply to you depend on what kind of premises you rent, how much rent you pay and, above all, what your lease says. That is why so much tenancy advice online is wrong or out of date. This guide explains the framework as it stands in 2026, in plain language.

The laws that matter

What about the Landlord and Tenant Bill?

A Landlord and Tenant Bill was introduced in 2021 to replace and modernise older laws. According to legal commentary, it lapsed after the 2022 elections and has not become law. Until a new law is passed, the framework above applies. Be careful with articles that describe its proposals as if they were in force.

If you rent a typical home in a town

Most homes in Nairobi, Mombasa, Kisumu and other towns rent for far more than KES 2,500 a month, so the Rent Restriction Act does not cover them. For these tenancies:

• Your lease is the rulebook. Read it, keep a signed copy and ask for anything promised verbally to be written in.
• General contract and land law fill the gaps. Courts look at what was agreed and at fairness.
• Disputes about money, such as an unreturned deposit, can go to court, including the Small Claims Court for claims within its limit.

Deposits

• Amount. There is no general statutory cap. One or two months' rent is common. The lease should state the amount.
• Purpose. A deposit covers unpaid rent and damage beyond normal wear and tear, as the lease sets out.
• Refund. At the end of the tenancy you should get the deposit back, less properly justified deductions. Ask for deductions to be itemised in writing.
• Protect yourself. Take dated photos and videos when you move in and move out, and record meter readings.
• If it is withheld. A High Court decision has confirmed that tenants can bring deposit refund claims in the Small Claims Court, which hears claims up to KES 1 million.

Rent and rent increases

• Pay rent as the lease states, and always get a receipt
• A landlord can only increase rent as the lease allows. If your lease is silent, an increase is effectively a new term, and you can negotiate or give notice
• For premises covered by the Rent Restriction Act or Cap. 301, the relevant tribunal can hear disputes about rent

Notice to end a tenancy

• Fixed-term lease: it ends on the date stated, unless it says otherwise or both sides agree
• Month-to-month tenancy: notice periods should be in the lease. Where they are not, a period at least equal to one rent period is a common starting point, but get advice before relying on it
• Controlled business tenancies under Cap. 301: the landlord must use the prescribed form, and tribunal decisions confirm that a termination notice cannot take effect earlier than two months after it is received

Give and ask for notice in writing, and keep proof of delivery.

Repairs and the condition of the home

The lease should say who repairs what. Generally:

• The landlord keeps the structure, roof, plumbing and wiring in working order
• The tenant keeps the home clean and repairs damage they or their visitors cause
• Report problems in writing, with photos, and keep the messages

If the landlord does not act, do not stop paying rent without advice. Withholding rent can give the landlord grounds to act against you.

Entry and privacy

Your home is your home. A good lease sets out when the landlord or caretaker can enter, for example for repairs or viewings, and how much notice they give. If yours does not, ask for a reasonable notice clause before signing. Emergencies such as a burst pipe or fire are different.

Eviction: what a landlord cannot do

A landlord who wants you out must follow the lease and the law. The following "self-help" tactics are not a lawful way to remove a tenant, and courts and tribunals have ruled against landlords who used them:

• Locking you out or changing the locks
• Removing doors, windows or the roof
• Cutting off water or electricity to force you out
• Throwing out your belongings

For unpaid rent, the lawful route is a demand, then the remedies in the lease and the law, such as distress through a licensed auctioneer or a court claim. If you face an illegal eviction, document everything, report to the police and get legal help quickly.

Where to take a dispute

1. Talk and write first. Many disputes end with a clear written message and a reasonable deadline.
2. Mediation. Some disputes can be settled through mediation, which is cheaper and faster.
3. The right forum:
   • Rent Restriction Tribunal, for premises within the Rent Restriction Act
   • Business Premises Rent Tribunal, for controlled business tenancies
   • Small Claims Court, for money claims within its limit, including deposits
   • Magistrates' courts and the Environment and Land Court for other matters
4. Get advice from an advocate, a legal aid clinic or the tribunal registry.

A tenant's checklist

• Signed lease with rent, deposit, notice, increases and repairs spelled out
• Receipts for every payment
• Move-in photos, videos and meter readings
• Repairs requested in writing
• Notice given and received in writing

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