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How Do I Deal With Undesirable Tenant?
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mukiha
#1 Posted : Wednesday, February 02, 2011 11:37:02 AM
Rank: Elder

Joined: 6/27/2008
Posts: 4,114
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
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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  | | Edit by user: Wednesday, February 02, 2011 11:40 AM | Reason: Not specified
anasazi
#2 Posted : Wednesday, February 02, 2011 12:05:23 PM
Rank: Veteran

Joined: 6/8/2007
Posts: 675
Wow. This can be a tough one, especially if the tenant knows he can cause you pain. I'm curious to know what solutions people have for this.
Form is temporary, class is permanent
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idris
#3 Posted : Wednesday, February 02, 2011 12:07:14 PM
Rank: New-farer

Joined: 1/5/2011
Posts: 6
Location: Nairobi
I once saw a ruthless landlord deal with a stubborn tenant in on of the estates along Mbsa road by removing the gate, all doors (toilet, bathroom, cupboards, whardrobes) and leaving the tenant exposed.


Needless to say, tenant vacated

Whether or not this was legal is another story altogether!
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wanyuru
#4 Posted : Wednesday, February 02, 2011 12:18:38 PM
Rank: Veteran

Joined: 11/29/2007
Posts: 948
i know of a guy called Murefu. he's and expert un kicking those buggers out. Fees, equivalent of two months rent.
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Wendz
#5 Posted : Wednesday, February 02, 2011 12:20:53 PM
Rank: Elder

Joined: 6/19/2008
Posts: 4,268
idris wrote:
I once saw a ruthless landlord deal with a stubborn tenant in on of the estates along Mbsa road by removing the gate, all doors (toilet, bathroom, cupboards, whardrobes) and leaving the tenant exposed.


Needless to say, tenant vacated

Whether or not this was legal is another story altogether!



Plus the cost implication.
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  | | Edit by user: Wednesday, February 02, 2011 12:25 PM | Reason: Not specified
mlefu
#6 Posted : Wednesday, February 02, 2011 12:28:30 PM
Rank: Elder

Joined: 2/11/2007
Posts: 1,680
Location: nairobi
the auctioneer idea was a bad one considering that you had given the notice a month earlier,maybe something is bugging him and his new bar talk now involves "you" as part f the problem..i am not saying that he is planning to take care of you but if possible, find out the auctioneers fees, its kidogo,pay them,let the tenant have his plasma back and he will leave..that i can bet..but as long as he knows that you are holding his plasma which he bought at 110k and you gave a value of 7k..he is cooking something
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mukiha
#7 Posted : Wednesday, February 02, 2011 12:30:37 PM
Rank: Elder

Joined: 6/27/2008
Posts: 4,114
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?
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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milken
#8 Posted : Wednesday, February 02, 2011 12:41:54 PM
Rank: Member

Joined: 4/25/2008
Posts: 192
Location: Nairobi
If the KPLC/Nairobi Water account is in your name talk to them to disconnect the power and water. Then cause a scene at his place for a few days.
If it does not work go his place of work and cause another scene.
Alternatively, why don't you talk to the guy and reach an understanding. Sometimes tenants will fail to pay coz they are disgruntled about something.
Itari muting'oe ihuragwo ngi ni Ngai
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Ceinz
#9 Posted : Wednesday, February 02, 2011 12:42:19 PM
Rank: Veteran

Joined: 5/7/2009
Posts: 1,032
Location: Sea of Transquility
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.
“small step for man”
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Elder
#10 Posted : Wednesday, February 02, 2011 12:43:43 PM
Rank: Elder

Joined: 9/7/2010
Posts: 2,148
Location: elderville
With eviction of a tenant you shall need a court order. It wont take so long to do more so given that you have a written agreement and you did give the notice to vacate. In most cases the tenant will take off as soon as he gets a letter from your lawyer telling him if he does not vacate you shall go to court and ask for costs as well.

The alternative is to keep on sending the auctioneer to attach as soon as he defaults on rent. He will not last two or three auctioneer attachments before he takes off of his own volition.

If you try to forcefully evict him or lock him out it might work but if he decides to fight back you may have to sell your house to carter for damages and legal costs. So it is a risk you might take but would not recommend.
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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