Property & Landlord

Notice Disputing Eviction (Tenant)

A Notice Disputing Eviction puts a landlord on formal written record that the tenant disputes the eviction notice and will not vacate voluntarily. Covers controlled residential (Cap. 296), uncontrolled residential (Cap. 23), and commercial premises (Cap. 301).

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Who needs this document

You need a notice disputing eviction if you are a tenant who has received an eviction notice you believe is invalid, unlawful, or does not comply with the required notice period, statutory grounds, or proper procedure. This document is relevant to tenants in Kenya under all tenancy regimes and to tenants across all common law jurisdictions.

What this document covers

Tenant and landlord details
Full address of disputed premises
Reference to eviction notice being disputed
Tenancy type and applicable statute
Specific grounds for dispute
Tenant's formal position (will not vacate)
Warning against unlawful eviction
Reservation of rights
Acknowledgement of receipt slip
Certificate of service

Frequently Asked Questions

Can a tenant in Kenya refuse to vacate after receiving an eviction notice?
Yes, in many situations. For controlled residential premises under the Rent Restriction Act (Cap. 296), a notice to vacate has no legal force on its own — the landlord must apply to the Rent Restriction Tribunal for a possession order. For uncontrolled premises, if the notice is defective or the stated ground is disputed, the tenant can challenge it. A Notice Disputing Eviction puts the dispute on formal written record and requires the landlord to go through the proper legal process.
What is the difference between a Notice Disputing Eviction and an injunction?
A Notice Disputing Eviction is a written document served on the landlord formally stating that the tenant disputes the eviction and will not vacate voluntarily. It does not by itself stop the landlord from proceeding. An injunction is a court order that legally prohibits the landlord from evicting the tenant pending determination of the dispute. If the landlord ignores the Notice Disputing Eviction and attempts to evict without a Tribunal or court order, the tenant should immediately apply to the High Court for an urgent injunction.
What constitutes an unlawful eviction in Kenya?
An unlawful eviction occurs when a landlord removes or attempts to remove a tenant without a Tribunal or court order. This includes changing locks, removing the tenant's property, cutting off utilities (water, electricity), or physically intimidating the tenant. For controlled premises under Cap. 296, any eviction without a Tribunal order is unlawful regardless of the ground. Unlawful eviction can give rise to a claim for damages and, in serious cases, criminal liability under the Penal Code.

Related documents

Tenancy Agreement Deposit Return Demand Eviction Notice Settlement Agreement