Rental Eviction Laws: Landlords who kick out their tenants or take over their tenants’ property due to rental defaults risk jail term and fines.
This is according to proposed laws that have been formulated to govern the residential and commercial rental business. According to the proposed Landlord and Tenant Bill, 2021 the landlords could face up to six months in prison or a fine of up to twice the amount in dispute.
“A landlord and any agent or servant of a landlord who evicts a tenant without the authority of a tribunal or willfully subjects a tenant to any annoyance with the intention of inducing or compelling the tenant to vacate the premises or to pay, directly or indirectly a higher rent for the premises commits an offence,” says the proposed law.
This law has been sponsored by Leader of Majority in the National Assembly and the Member of Parliament for Kipipiri Constituency Amos Kimunya.
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“No landlord shall, without legal process, seize a tenant’s property for default in the payment of rent or for the breach of any other obligation of the tenant,” the proposed law further says.
According to a related report that appeared in The Standard on Thursday, the landlords will also be compelled to keep signed records of all the rent paid and share the record with tenants.
“The rent records shall contain details of the person or people that are parties to the tenancy, details on the rented premises and of all rent paid. Failure to keep a record could earn a landlord a fine not exceeding one month’s rent,” the report says.
It notes that if a tenant dies or abandons the premises while in rent arrears, landlords will be required to apply to the rent tribunal to sell or dispose of the tenant’s property still within the premises.
“In case a member of the tenant’s family or an administrator of the estate claims the property within six months, the landlord will be required to deposit any excess proceeds from the sale of the tenant’s belongings, less rent arrears or expenses incurred in the auction,” the report said
According to the report, the Landlord and Tenant Bill will repeal the Distress for Rent Act (Cap 293), the Rent Restitution Act (Cap 296) and the Landlord and Tenant (Shops Hotels and Catering Establishments) Act. Rental Eviction Laws.