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How Do I Deal With Undesirable Tenant?
Rank: Elder Joined: 2/11/2007 Posts: 1,680 Location: nairobi
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wanyuru...i will forward your name to Mututhos wanted list....Mukiha, you dont need an enemy.
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Rank: Member Joined: 9/11/2009 Posts: 132 Location: nairobi
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my issue would be a shoe on the other foot, in august we got an inflated bill of 82000kshs which was revised to 11000shs we each contributed and paid it off (house comprises main house and bedsitter)the payment was in addition to the normal monthly bills then come november we got another for 5000shs, we were livid and refused to pay the sum, the landlord doesnt want to hear about our issue, we however paid the december bill which was within our normal consumption range.the power got disconnected and now the landlord hicked the rent and sent us vacation notice, he said our deposits will be used to clear the outstanding electricity bill,we paid half the bill of 2500shs but still there is a much higher balance of 7000shs that does not reflect in our normal bills,the electricity meter is not in our compound but the next house, our efforts to have the landlord tranfer the meter to our compound have hit a dead end.what can be done about this? Don't fight a battle if you gain nothing by winning.” Erwin Rommel
When I was a child, I spoke like a child, thought like a child, and reasoned like a child. When I became an adult, I no longer used childish ways.
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Rank: Elder Joined: 9/7/2010 Posts: 2,148 Location: elderville
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Ceinz wrote:mukiha wrote:wanyuru wrote:i know of a guy called Murefu. he's and expert un kicking those buggers out. Fees, equivalent of two months rent. Who pays? Landlord or tenant? Of course you (the landlord). Alternatively just hire some goons and have them forcefullly evict the tenant. Land lord and Tenants Act allows this, as long as you had served the tenant with a notice. Which Act is that? Does it even exist? @mukiha another option is to give notice of an increment of the monthly rent to say 100k a month. If he is wise he shall bolt if he wants to make you more money you should not complain. He who can express in words the ardour of his love, has but little love to express. - Petrach, Son. (That men by various ways arrive at the same end. - Montaigne, The Essays of.)
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Rank: Veteran Joined: 12/9/2010 Posts: 894 Location: Nairobi
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I think that this is not as easy as you may look at it, The law favours the tenant a lot as he is perceived to be the weaker party. I would advise you to be careful since you are dealing with a middle class tenant who obviously has access to legal channels/redress. Watch out as the guy may be waiting for one stupid move and he pounces. Also take note that The one month notice is no longer effective since you accepted the subsequent month's rent thus it has been overtaken by events. Consider the option of having your lawyer serve him with the notice to avoid lagal loop holes,or dialogue. All the best in finding a solution Don't wait for the Last Judgment. It happens every day. ~Albert Camus, The Fall, 1956
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Rank: Elder Joined: 5/24/2007 Posts: 1,805
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mukiha wrote:I disagreed with my tenant late last year and I decided I don't want him any more. So, on 1st December 2010, I gave him 30-days written notice to vacate the house - By 31st Dec.
31st Dec came and passed, but the guy did not move out. Then he delayed the Jan rent past the the deadline [now you understand why I don't want him!]. So I engaged an auctioneer to collect.
They went and attached some of his property and two weeks later [Friday last week] the guy paid the rent. The auctioneer is still holding on some property because the guy did not pay their fees...
How do I get this guy out of the house? I am told that the court process can take a very long time. Would harassing the guy with "Sungu-Sungu" or other such like work?
HELP! PLEASE...
Some basic info:
*We signed agreement which provides for 30-days notice of termination in writing.
**The house is in a mid-level estate; rent =sh32k pm
Why did you accept the Jan rent? Instead of auctioneers, you should have gotten some goons and kicked the bugger out then went ahead to rent the house to someone else. If the guy goes to court, it is ok. He argues while out of the house, with a proper notice issued as per the agreement and your house is earning you income from another tenant. Surley, no judge can ask him to go back to a house that is already occupied. You can now go to court till the chicken come home ... You may need to restart the process. And di not pay the auctioneers.. that is his problem. I Think Therefore I Am
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Rank: Veteran Joined: 5/7/2009 Posts: 1,032 Location: Sea of Transquility
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@ elder, The Landlord and Tenants Act, cap 302, Laws of kenya. Is that how u wanted me to put it? Some times abbrev. is appreciated. “small step for man”
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Rank: Elder Joined: 6/19/2008 Posts: 4,268
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bwenyenye wrote:
Why did you accept the Jan rent? Instead of auctioneers, you should have gotten some goons and kicked the bugger out then went ahead to rent the house to someone else. If the guy goes to court, it is ok. He argues while out of the house, with a proper notice issued as per the agreement and your house is earning you income from another tenant. Surley, no judge can ask him to go back to a house that is already occupied. You can now go to court till the chicken come home ... You may need to restart the process. And di not pay the auctioneers.. that is his problem.
You might get slapped with hefty "damages" especially if he gets a loose end. I'd say, for this one, look for a good lawyer friend and seek a legal advise on how to proceed and whether those suggestions floated here can be safely used without getting yourself into more trouble. if they can be used, then you dont have to take it all legal coz it is also expensive.... some of them can tell you how to go around the legal system without breaking the law but still with same results. And hopefully your tenant is not one of the many "guests" on this thread! ;-)
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Rank: Elder Joined: 9/7/2010 Posts: 2,148 Location: elderville
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bwenyenye wrote:
Why did you accept the Jan rent? Instead of auctioneers, you should have gotten some goons and kicked the bugger out then went ahead to rent the house to someone else. If the guy goes to court, it is ok. He argues while out of the house, with a proper notice issued as per the agreement and your house is earning you income from another tenant. Surley, no judge can ask him to go back to a house that is already occupied. You can now go to court till the chicken come home ... You may need to restart the process. And di not pay the auctioneers.. that is his problem.
But the court will award the tenant damages. And they can be very high. You will be surprised at how imaginative tenants can get. They will mention the 500k they had in cash in the house, that plasma tv they never had but now they do, the very expensive sound system etc all the stuff that were either lost or damaged at the time of the unlawful act by the landlord. And given that you would have been going to court 'till the chicken come home' the legal/lawyers costs would also be very high. EDIT: Wendz beat me to it. He who can express in words the ardour of his love, has but little love to express. - Petrach, Son. (That men by various ways arrive at the same end. - Montaigne, The Essays of.)
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Rank: Elder Joined: 9/7/2010 Posts: 2,148 Location: elderville
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Ceinz wrote:@ elder, The Landlord and Tenants Act, cap 302, Laws of kenya. Is that how u wanted me to put it?
Some times abbrev. is appreciated. Was asking because the only 'Landlord and Tenants Act' I know of does not apply here. That one is Cap 301 - Landlord and Tenant (Shops, Hotels and Catering Establishments) Act. As the full name suggests it is only relevant for tenancy in Shops, Hotels and Catering Establishments and not to residential houses. So I thought maybe you meant another and that is why I asked. Was not meant in a bad way. Just wanted to know. However the one you have just quoted to the best of my knowledge does not exist too. Cap 302 is Land Control Act. Could there be another one you might have meant? He who can express in words the ardour of his love, has but little love to express. - Petrach, Son. (That men by various ways arrive at the same end. - Montaigne, The Essays of.)
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Rank: Elder Joined: 5/30/2009 Posts: 1,390
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Elder wrote:
Was asking because the only 'Landlord and Tenants Act' I know of does not apply here. That one is Cap 301 - Landlord and Tenant (Shops, Hotels and Catering Establishments) Act. As the full name suggests it is only relevant for tenancy in Shops, Hotels and Catering Establishments and not to residential houses. So I thought maybe you meant another and that is why I asked. Was not meant in a bad way. Just wanted to know.
However the one you have just quoted to the best of my knowledge does not exist too. Cap 302 is Land Control Act.
Could there be another one you might have meant?
That's right @ elder. There's only one Act that deals with residential properties-The Rent Restriction Act. What a wicked man I am!The things I want to do,I don't do.The things I don't want to do I find myself doing
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