wazua Thu, Apr 23, 2026
Welcome Guest Search | Active Topics | Log In

3 Pages123>
Landlord refusing to refund rent deposit
Options
Previous Topic · Next Topic
g-mi
#1 Posted : Wednesday, September 12, 2012 4:04:57 PM
Rank: New-farer

Joined: 1/10/2011
Posts: 29
Location: nyahururu
i moved out from a house in May, issued a notice of vacation in April and i had no rent arrears. I'v been trying to get my rent deposit since then but the landlord keeps lying saying "kesho 10". After talking to a few former tenants of the same house they told me they had the same problem and they were refunded after six months,this i feel is unacceptable. Any advice?
The opposite of love is not hate but apathy. So too, the opposite of courage is not fear but mediocrity
Back to top
  |
Vall
#2 Posted : Wednesday, September 12, 2012 5:00:21 PM
Rank: New-farer

Joined: 9/4/2012
Posts: 16
Had the same issue. Moved out in March and after following up for a month I just told the lady 'Kufa nayo'. It gets really frustrating!
So my new resolution, if I wanna punch holes on the wall, I will. If I wanna install my own heating system, I will. I dont care about any agreements because at the end of it all, you are still at the mercy of your landlord no matter what you do.
PS. Pole sana.
Back to top
  |
Lolest!
#3 Posted : Wednesday, September 12, 2012 6:35:37 PM
Rank: Elder

Joined: 3/18/2011
Posts: 12,069
Location: Kianjokoma
Have all your tenancy agreements in writing. This will remove any uncertainty and protect both parties. Should the landlady refuse to refund, use the police to harass her. I doubt there is a crime in delaying with deposit as this is a civil case. Alternatively, get a small time lawyer to do a letter to the landlord threatening court action!
Laughing out loudly smile Applause d'oh! Sad Drool Liar Shame on you Pray
Back to top
  |
g-mi
#4 Posted : Thursday, September 13, 2012 12:38:08 PM
Rank: New-farer

Joined: 1/10/2011
Posts: 29
Location: nyahururu
Lolest! wrote:
Have all your tenancy agreements in writing. This will remove any uncertainty and protect both parties. Should the landlady refuse to refund, use the police to harass her. I doubt there is a crime in delaying with deposit as this is a civil case. Alternatively, get a small time lawyer to do a letter to the landlord threatening court action!

i think i will threaten court action. coz this is ridiculous that landlords can actually do this and to so many tenants and no one does jack!!!
The opposite of love is not hate but apathy. So too, the opposite of courage is not fear but mediocrity
Back to top
  |
g-mi
#5 Posted : Thursday, September 13, 2012 12:40:19 PM
Rank: New-farer

Joined: 1/10/2011
Posts: 29
Location: nyahururu
Vall wrote:
Had the same issue. Moved out in March and after following up for a month I just told the lady 'Kufa nayo'. It gets really frustrating!
So my new resolution, if I wanna punch holes on the wall, I will. If I wanna install my own heating system, I will. I dont care about any agreements because at the end of it all, you are still at the mercy of your landlord no matter what you do.
PS. Pole sana.

Ati kufa nayo!! but its your money u put it up and if ur landie was anything like mine, i bet they weren't so patient when their rent was late.
The opposite of love is not hate but apathy. So too, the opposite of courage is not fear but mediocrity
Back to top
  |
mukiha
#6 Posted : Thursday, September 13, 2012 4:25:24 PM
Rank: Elder

Joined: 6/27/2008
Posts: 4,114
If a tenant delays rent, landlord has right to "levy distress for rent" using an auctioneer - doesn't a court order.

Do tenants have the same reciprocating right? Can a tenant "levy distress for deposit"? I hope so; but lawyers in the house can help.

Other wise find out from a good auctioneer how to deal with this fellow. If you want one, talk to Timothy 0722-517-742
Nothing is real unless it can be named; nothing has value unless it can be sold; money is worthless unless you spend it.
Back to top
  |
addidaskawembe
#7 Posted : Monday, September 17, 2012 4:27:59 PM
Rank: New-farer

Joined: 5/14/2010
Posts: 84
Location: Nairobi
g-mi wrote:
i moved out from a house in May, issued a notice of vacation in April and i had no rent arrears. I'v been trying to get my rent deposit since then but the landlord keeps lying saying "kesho 10". After talking to a few former tenants of the same house they told me they had the same problem and they were refunded after six months,this i feel is unacceptable. Any advice?



@g-mi.. I hear you and understand your loss, the best way to deal with errant landlords / landladies is;

1. Plan your exit such that by the time you are leaving the water bill is unpaid - this reduces the amount owed.

2. Don't pay the last month's rent and fake a reason for that e.g. abrupt notice of transfer of station & sit on the deposit as rent of the last month.

3. Get a cheap lawyer to draft the 'notice to vacate' letter i.e the one you use to notify him that you are leaving at the end of the month.

4. If it is a house with several doors, don't hand over the keys, to replace all the locks may be too expensive so he will just have to give you your deposit.
Back to top
  |
Elder
#8 Posted : Monday, September 17, 2012 5:06:33 PM
Rank: Elder

Joined: 9/7/2010
Posts: 2,148
Location: elderville
g-mi wrote:
i moved out from a house in May, issued a notice of vacation in April and i had no rent arrears. I'v been trying to get my rent deposit since then but the landlord keeps lying saying "kesho 10". After talking to a few former tenants of the same house they told me they had the same problem and they were refunded after six months,this i feel is unacceptable. Any advice?

Slippery ground you are on here. First ask yourself. When you vacated the house did you get say a letter from your ex-landlord confirming all was in order? Did you have a checklist to confirm that all were as you found them when you moved in? Have you gotten the ex landlord to commit in writing (evidence) that he/she shall pay back the deposit?

Was your deposit security for rent or security for the 'well being' of the house or both. People usually assume that the deposit is for rent and expect do be refunded which is normally not the case.In most cases the deposit is security for the damage your stay would occasion to the house and rent.

Depending on your agreement/or non-agreement, if the ex landlord can prove that he/she had to do substantive repairs to the house after you vacated then you might end up with the ex landlord demanding for more money from you - on top of your deposit.

So I imagine you going to a lawyer who writes a demand letter, then your ex-landlord also goes to a lawyer who writes back listing all the repair he/she had to do to the house (fictional or otherwise but with documentary evidence) and demanding even more from you.

When renting a house unless your landlord is feeling philanthropic enough or ignorant be ready to lose your deposit or part of it (which you would still lose indirectly if you carry out the repairs yourself) as you will rarely leave the house in the state in which you found 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.)
Back to top
  |
King G
#9 Posted : Tuesday, September 18, 2012 8:39:34 AM
Rank: Elder

Joined: 6/20/2012
Posts: 3,855
Location: Othumo
Elder wrote:
g-mi wrote:
i moved out from a house in May, issued a notice of vacation in April and i had no rent arrears. I'v been trying to get my rent deposit since then but the landlord keeps lying saying "kesho 10". After talking to a few former tenants of the same house they told me they had the same problem and they were refunded after six months,this i feel is unacceptable. Any advice?

Slippery ground you are on here. First ask yourself. When you vacated the house did you get say a letter from your ex-landlord confirming all was in order? Did you have a checklist to confirm that all were as you found them when you moved in? Have you gotten the ex landlord to commit in writing (evidence) that he/she shall pay back the deposit?

Was your deposit security for rent or security for the 'well being' of the house or both. People usually assume that the deposit is for rent and expect do be refunded which is normally not the case.In most cases the deposit is security for the damage your stay would occasion to the house and rent.

Depending on your agreement/or non-agreement, if the ex landlord can prove that he/she had to do substantive repairs to the house after you vacated then you might end up with the ex landlord demanding for more money from you - on top of your deposit.

So I imagine you going to a lawyer who writes a demand letter, then your ex-landlord also goes to a lawyer who writes back listing all the repair he/she had to do to the house (fictional or otherwise but with documentary evidence) and demanding even more from you.

When renting a house unless your landlord is feeling philanthropic enough or ignorant be ready to lose your deposit or part of it (which you would still lose indirectly if you carry out the repairs yourself) as you will rarely leave the house in the state in which you found it.



@Elder, well siad and very informative/education. Most of the time people just sign agreements without reading between the line. Applause
Thieves
Back to top
  |
rock
#10 Posted : Wednesday, September 19, 2012 9:44:19 AM
Rank: Veteran

Joined: 2/25/2009
Posts: 973
King G wrote:
Elder wrote:
g-mi wrote:
i moved out from a house in May, issued a notice of vacation in April and i had no rent arrears. I'v been trying to get my rent deposit since then but the landlord keeps lying saying "kesho 10". After talking to a few former tenants of the same house they told me they had the same problem and they were refunded after six months,this i feel is unacceptable. Any advice?

Slippery ground you are on here. First ask yourself. When you vacated the house did you get say a letter from your ex-landlord confirming all was in order? Did you have a checklist to confirm that all were as you found them when you moved in? Have you gotten the ex landlord to commit in writing (evidence) that he/she shall pay back the deposit?

Was your deposit security for rent or security for the 'well being' of the house or both. People usually assume that the deposit is for rent and expect do be refunded which is normally not the case.In most cases the deposit is security for the damage your stay would occasion to the house and rent.

Depending on your agreement/or non-agreement, if the ex landlord can prove that he/she had to do substantive repairs to the house after you vacated then you might end up with the ex landlord demanding for more money from you - on top of your deposit.

So I imagine you going to a lawyer who writes a demand letter, then your ex-landlord also goes to a lawyer who writes back listing all the repair he/she had to do to the house (fictional or otherwise but with documentary evidence) and demanding even more from you.

When renting a house unless your landlord is feeling philanthropic enough or ignorant be ready to lose your deposit or part of it (which you would still lose indirectly if you carry out the repairs yourself) as you will rarely leave the house in the state in which you found it.



@Elder, well siad and very informative/education. Most of the time people just sign agreements without reading between the line. Applause

Ditto! Most people are very submissive when renting a house,they act like the landlord is doing them a favor!You should insist on a lease agreement and take time to read and understand it before you sign.
Back to top
  |
3 Pages123>
Forum Jump  
You cannot post new topics in this forum.
You cannot reply to topics in this forum.
You cannot delete your posts in this forum.
You cannot edit your posts in this forum.
You cannot create polls in this forum.
You cannot vote in polls in this forum.

Wazua SME Theme
Powered by YAF | YAF © 2003-2009, Yet Another Forum.NET
Copyright © 2026 Wazua.co.ke. All Rights Reserved.