Know your rights: How tenants can legally address snoopy landlords

A landlord talking to tenants. (Courtesy/iStock)

Some relationships between tenants and landlords turn sour when end month approaches and payment of rent delays slightly. There is also a section of tenants who accuse house owners of invasion of privacy.

For instance, there are landlords who enter into business premises or houses of their tenants unannounced to allegedly inspect the property. The landlord could be the impatient one who knocks on your door on the first day of the month even after you agreed to be paying rent on the 5th.

There are also landlords who spend hours, uninvited, in houses of their tenants allegedly watching football. Some property owners even threaten to evict tenants who complain of their (landlords) invasion of privacy.

Are there written laws to ensure landlords have decorum when dealing with their tenants?

Chris, Nairobi

Some relationships between landlords and tenants turn sour over myriad reasons, especially when there was no tenancy agreement signed before moving in.

Some arrogant landlords are among reasons some Nairobians crave privacy and strive to own homes even though interest rates on mortgages remain on the roof. People who value their privacy and refuse to be at the mercy of stubborn landlords and cannot afford homes mostly shift in the hope of a better one.

However, nosy landlords can be sued for trespass as tenants should basically have quiet enjoyment of rented premises.

Landlords may be the property owners but should give notice before entering houses of their tenants, which must be at a time convenient to the tenant.

Tenants too are obliged to allow the property owner to view the condition of their property at a convenient time.

Property laws mainly seek to protect tenants from the harassment of landlords especially when the two never agreed on terms of the tenancy.

Landlords should not take advantage of tenants who moved into their premises on verbal agreements believing the law would favour them.

Tenants whose landlords trespass can report them to rent restriction tribunals if they pay rent of below Sh2,500 per month and to court if it exceeds.

Business people who are at loggerheads with their landlords can be cushioned at the business premises rent tribunal. Tenants who fail to fulfill their obligations like non-payment of rent and run to the tribunals for redress may not be assisted.

Having a lease agreement with the landlord should not keep one at the mercy of a stubborn landlord. Suing for damages or revoking the contract are options.

- Harold Ayodo is an Advocate of the High Court of Kenya