Evicting a stubborn tenant in Kenya requires landlords to follow a legal process to avoid lawsuits or financial loss. The Landlord and Tenant Act and other relevant laws outline the correct procedures to remove tenants who refuse to vacate despite valid reasons for eviction. Here’s a step-by-step guide to handling a difficult tenant legally in Kenya.
Legal Grounds for Eviction in Kenya
Before initiating an eviction, ensure you have a legally valid reason. Common grounds for eviction include:
- Non-Payment of Rent – A tenant who fails to pay rent within the agreed period can be evicted.
- Breach of Lease Agreement – Violating lease terms such as subletting without consent, illegal activities, or property damage.
- Expiry of Tenancy Agreement – If the lease term ends and the tenant refuses to vacate.
- Owner’s Need for the Property – If the landlord intends to use the property for personal use or redevelopment.
- Illegal Occupation – When a tenant stays without a valid contract or refuses to leave after receiving notice.
Step-by-Step Process to Evict a Stubborn Tenant
1. Issue a Formal Notice to Vacate
The first step is serving the tenant with a written eviction notice as per the lease agreement. Common types of notices include:
- Notice to Pay Rent or Quit – Usually given when a tenant has rent arrears.
- Notice to Quit – Given when a landlord does not intend to renew the lease.
- Breach Notice – Issued when the tenant violates lease conditions.
Notices should comply with the Landlord and Tenant Act and provide reasonable time for the tenant to comply.
2. Seek Mediation or Alternative Dispute Resolution (ADR)
Before taking legal action, try resolving the matter through negotiation or mediation. Engaging the tenant amicably can prevent lengthy court battles and expenses.
3. File an Eviction Case in Court
If the tenant refuses to comply with the notice, the next step is to file an eviction suit in the Rent Restriction Tribunal (for controlled tenancies) or the Environment and Land Court for other tenancies. The court will issue summons for the tenant to appear and respond.
4. Obtain a Court Order for Eviction
If the court rules in your favor, you will be granted an eviction order. The court may also issue an order for rent arrears or damages if applicable.
5. Engage a Court Bailiff to Enforce Eviction
Once an eviction order is granted, you must hire a court bailiff to enforce it. Using force or self-eviction measures, such as changing locks or disconnecting utilities, is illegal and can result in penalties.
What Not to Do When Evicting a Tenant
- Do not forcefully remove the tenant – Self-eviction is unlawful.
- Do not harass the tenant – Threats, intimidation, or cutting off utilities can result in legal consequences.
- Do not dispose of the tenant’s belongings – Wait for the legal process to conclude.
How Long Does the Eviction Process Take?
The eviction timeline varies depending on the complexity of the case. If the tenant complies with the notice, it can take 30–60 days. However, if the case goes to court, it may take several months to resolve.
Conclusion
Evicting a stubborn tenant in Kenya requires patience and adherence to the legal process. Following the correct steps ensures a smooth eviction without legal repercussions. If faced with a difficult tenant, consult a real estate lawyer to guide you through the process.
Need legal help with tenant eviction? Contact a property lawyer today!
