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How Do I Deal With Undesirable Tenant?
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kadonye
#21 Posted : Wednesday, February 02, 2011 2:29:10 PM
Rank: Elder

Joined: 5/30/2009
Posts: 1,390
@mukiha, what was the term of the tenancy agreement?Ordinarily it should be 1 year.

Evict this fellow.In contract, he has already breached the agreement by not paying rent and thus provided good grounds for termination and eviction.
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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mukiha
#22 Posted : Wednesday, February 02, 2011 2:41:31 PM
Rank: Elder

Joined: 6/27/2008
Posts: 4,114
kadonye wrote:
@mukiha, what was the term of the tenancy agreement?Ordinarily it should be 1 year.

Evict this fellow.In contract, he has already breached the agreement by not paying rent and thus provided good grounds for termination and eviction.

It was two years.

Isn't this the normal practice? I have always had 2-year contacts even when I am the tenant. I have never seen a one-year tenancy contract in my entire life... and it's a long life!
Nothing is real unless it can be named; nothing has value unless it can be sold; money is worthless unless you spend it.
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mukiha
#23 Posted : Wednesday, February 02, 2011 2:44:58 PM
Rank: Elder

Joined: 6/27/2008
Posts: 4,114
kadonye wrote:
@mukiha, what was the term of the tenancy agreement?Ordinarily it should be 1 year.

Evict this fellow.In contract, he has already breached the agreement by not paying rent and thus provided good grounds for termination and eviction.

When you say "evict", what do you mean? Do I hire some young men to go and remove his property from the house? What if he claims that he had Sh500k in the house?

Another thing I'm worried about: what if I push him too much and he moves out, but not before damaging the house?

You see my dilema?
Nothing is real unless it can be named; nothing has value unless it can be sold; money is worthless unless you spend it.
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2012
#24 Posted : Wednesday, February 02, 2011 2:48:59 PM
Rank: Elder

Joined: 12/9/2009
Posts: 6,592
Location: Nairobi
mukiha wrote:

It was two years.

Isn't this the normal practice? I have always had 2-year contacts even when I am the tenant. I have never seen a one-year tenancy contract in my entire life... and it's a long life!



Now-a-days they are one year leases and not two.
Si your contract says one month notice in writing? Use that as most people would rather vacate than waste money and time going to court against the landlord.

BBI will solve it :)
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Sober
#25 Posted : Wednesday, February 02, 2011 3:34:57 PM
Rank: Elder

Joined: 11/27/2007
Posts: 3,604
if the tenant anakusumbua, pay some goons they do their thing and you live happily ever after.
African parents don't know how to say sorry.. the closest you will get to a sorry is a 'have you eaten'
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wanyuru
#26 Posted : Wednesday, February 02, 2011 3:46:44 PM
Rank: Veteran

Joined: 11/29/2007
Posts: 948
Sober wrote:
if the tenant anakusumbua, pay some goons they do their thing and you live happily ever after.


ever after??? what if the guy hires 'njaramba' later on to wipe mukiha's face as they call it
Sad
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christy
#27 Posted : Wednesday, February 02, 2011 5:01:36 PM
Rank: New-farer

Joined: 1/19/2011
Posts: 14
Assuming you have a lease & the notice is one months, i suggest you want to renovate your house at the end of Feb since you took the Jan rent let Feb be the notice period by another letter. Then start renovating your house by first removing the door. Nobody wants to sleep in a house without a door. appear with some chaps whom you start to give instructions on what you want done (false) & the guy should leave instantly if he is wise.
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Ceinz
#28 Posted : Wednesday, February 02, 2011 5:02:51 PM
Rank: Veteran

Joined: 5/7/2009
Posts: 1,032
Location: Sea of Transquility
kadonye wrote:
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.

Good to see we've got alert minds in Wazua. Well you are rights, seems like i've got to go back and re-read. I stand corrected. Thanks.


“small step for man”
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Tommy
#29 Posted : Wednesday, February 02, 2011 5:27:18 PM
Rank: Veteran

Joined: 12/9/2010
Posts: 894
Location: Nairobi
also try the area chief, people ignore these channel yet its verdict is legal and binding, and its rulling is admisible in court.
Don't wait for the Last Judgment. It happens every day. ~Albert Camus, The Fall, 1956
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MaichBlack
#30 Posted : Saturday, February 05, 2011 2:37:17 PM
Rank: Elder

Joined: 7/22/2009
Posts: 7,910
@Mukiha - I suggest you increase the rent to 100k with 5k penalty for every day delayed after deadline. Give the chap one months notice before 'implementation'. No court will stop you. If he doesn't like the new terms, he should move - and that is what you want any way. The rent tribunal - whatever it is called - covers low end market - used to be 2,000/= and below - so it will not be used against you.

You can also organize visits by "auctioneers" every weekend - when he has guests over - to remind him of his unpaid rent bla bla bla. If he has any shame he will leave ASAP!

Make sure you report back here. What you did and how it went.
Never count on making a good sale. Have the purchase price be so attractive that even a mediocre sale gives good returns.
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