Property & Landlord

Tenancy Agreement

A Tenancy Agreement sets out the rights and obligations of landlord and tenant in Kenya. Compliant with the Rent Restriction Act (Cap. 296) and the Law of Contract Act — covers rent, deposit, and termination.

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What this document covers

Landlord and tenant details
Property address and description
Monthly rent and payment date
Security deposit amount and deduction conditions
Tenancy start date and duration
Permitted use of premises
Repair and maintenance obligations
Notice period for termination
Governing law (Rent Restriction Act Cap. 296 or Law of Contract Act)

Frequently Asked Questions

What law governs tenancy agreements in Kenya?
Kenyan tenancy agreements are governed by the Rent Restriction Act (Cap. 296) for controlled residential premises, the Landlord and Tenant (Shops, Hotels and Catering Establishments) Act (Cap. 301) for commercial premises, and the Law of Contract Act (Cap. 23) for uncontrolled tenancies. The applicable law depends on the premises type, location, and rent level.
What is the minimum notice period to terminate a tenancy in Kenya?
Under Cap. 296, a landlord must obtain a court order to evict a controlled residential tenant — notice alone is insufficient. For uncontrolled residential and commercial tenancies governed by the Law of Contract Act, one month's notice is standard unless the agreement specifies otherwise.
Is a verbal tenancy agreement enforceable in Kenya?
Yes, but only for tenancies not exceeding three years (which can be created orally under the Land Act 2012). For longer tenancies, a written and registered lease is required. A written tenancy agreement is always strongly recommended to avoid disputes over rent, deposit, and obligations.