Suing landlord in Kenya: A significant percentage of Kenyans live in rented premises. The housing industry is booming business in Kenya and this is one of the reasons landlords are exploiting ignorant Kenyans. As a tenant there are several grounds for suing your landlord.
Not Giving You Back Your Security Deposit
When you move into a house, the landlord will ask you for a security deposit plus rent. The law requires a landlord to refund your security deposit. There are many cases where landlords refuse to give back the security deposit of tenants who want to move out of their premises. The only exception is where the tenancy agreement states the reasons why he should not refund it. If the tenancy agreement does not have any such provision, you can sue them. However, it is not reasonable to sue a landlord for a security deposit of 3,000Kshs and end up spending 50,000Kshs in court. It is advisable to sue only when the security deposit is a significant amount of money.
Entering Your Home Illegally
Many landlords are in the habit of bashing into their tenant’s premises unannounced. A landlord cannot enter your house without giving you prior notice. Additionally, the landlord should tell you the reason why they want to enter your house. In the event that your landlord comes into your house without gaining your approval, you can sue them and get awarded damages.
Wrongful Eviction
You may be evicted from a rented house for various reasons. However, if you are evicted without being given a court order, you have the right to sue the landlord. It is important that you know the grounds under which a landlord can evict you so you know whether your law suit will succeed or fail.
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Unsafe Living Conditions
You can sue your landlord if the conditions of their property are unsafe. An overflowing sewage, unkempt compound, or leaking roofs are all examples of unsafe conditions. It is your right to reside in a habitable house. The landlord is required to make repairs to ensure their tenants live comfortably. Furthermore, if you sustain injuries in your house because of the landlord’s negligence, you can sue them and get awarded damages.
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