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Landlord refusing to refund rent deposit
Rank: New-farer Joined: 1/10/2011 Posts: 29 Location: nyahururu
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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
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Rank: New-farer Joined: 9/4/2012 Posts: 16
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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.
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Rank: Elder Joined: 3/18/2011 Posts: 12,069 Location: Kianjokoma
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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!
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Rank: New-farer Joined: 1/10/2011 Posts: 29 Location: nyahururu
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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
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Rank: New-farer Joined: 1/10/2011 Posts: 29 Location: nyahururu
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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
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Rank: Elder Joined: 6/27/2008 Posts: 4,114
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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.
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Rank: New-farer Joined: 5/14/2010 Posts: 84 Location: Nairobi
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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.
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Rank: Elder Joined: 9/7/2010 Posts: 2,148 Location: elderville
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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.)
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Rank: Elder Joined: 6/20/2012 Posts: 3,855 Location: Othumo
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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.  Thieves
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Rank: Veteran Joined: 2/25/2009 Posts: 973
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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. 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.
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Rank: Member Joined: 11/7/2011 Posts: 410
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You are lucky if yours is refunded. Our landlord says the deposit is for painting the house and doing repairs. And the annoying bit is they never allow u to paint coz they say u will use cheap paint. It is a way of landlords conning pple coz at the end of the day they will not even use half of that to paint. So at the end of the day, unavumilia tu kukaa coz u will move to another house and get the same conditions, so u end up wasting cash. But all in all landlords need to know that is a way of conning pple. Solution ni kujenga ur hao.
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Rank: Veteran Joined: 2/25/2009 Posts: 973
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If possible also get to know the landlords history ie character and how he relates to both incoming and outgoing tenants.
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Rank: Veteran Joined: 3/27/2009 Posts: 1,437
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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? Has this guy being issuing you with monthly rental receipts. Just forward copies of monthly rental payment to Daniel Kagira or Levi Mukhewso of KRA at Forodha house, Upper Hill Nairobi indicating property location and the landlords details. He will not only pay the taxes due but also refund your deposit promptly or else its treated as income. We will then find out who is smarter. Call 020-281-0000 for more details.
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Rank: Elder Joined: 6/20/2012 Posts: 3,855 Location: Othumo
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Iganamagana 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? Has this guy being issuing you with monthly rental receipts. Just forward copies of monthly rental payment to Daniel Kagira or Levi Mukhewso of KRA at Forodha house, Upper Hill Nairobi indicating property location and the landlords details. He will not only pay the taxes due but also refund your deposit promptly or else its treated as income. We will then find out who is smarter. Call 020-281-0000 for more details. Great piece of information, landlords beware. And once he/she starts paying taxes, till death do them part Thieves
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Rank: Elder Joined: 6/21/2008 Posts: 2,490
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Iganamagana wrote: Has this guy being issuing you with monthly rental receipts. Just forward copies of monthly rental payment to Daniel Kagira or Levi Mukhewso of KRA at Forodha house, Upper Hill Nairobi indicating property location and the landlords details. He will not only pay the taxes due but also refund your deposit promptly or else its treated as income. We will then find out who is smarter. Call 020-281-0000 for more details. This is the best piece of advice I have seen in a long time – any landlord will refund the deposit promptly if you threaten to contact KRA. The man who marries a beautiful woman, and the farmer who grows corn by the roadside have the same problem
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Rank: Elder Joined: 4/30/2008 Posts: 6,029
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Iganamagana 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? Has this guy being issuing you with monthly rental receipts. Just forward copies of monthly rental payment to Daniel Kagira or Levi Mukhewso of KRA at Forodha house, Upper Hill Nairobi indicating property location and the landlords details. He will not only pay the taxes due but also refund your deposit promptly or else its treated as income. We will then find out who is smarter. Call 020-281-0000 for more details. @kaigangio and the usual suspects,take note.
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Rank: Member Joined: 4/24/2012 Posts: 331 Location: Vantage point
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Alternatively kama unaweza you could get a padlock tougher than the door to landlord's main house and lock it, issue a deadline notice that if they don't pay up you will weld their door to the house... hehe
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Rank: Member Joined: 10/10/2009 Posts: 52
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You can hire those goons hired in Kayole to forcefully remove a tenant with due rent. Do it especially on the wife, and promise to do it every sunday morning until they pay. good luck
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Rank: Elder Joined: 10/23/2009 Posts: 2,375
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marshalliah wrote:You can hire those goons hired in Kayole to forcefully remove a tenant with due rent. Do it especially on the wife, and promise to do it every sunday morning until they pay. good luck ???????????  It is better to keep your mouth closed and let people think you are a fool than to open it and remove all doubt...
-Mark Twain
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Rank: Member Joined: 11/26/2007 Posts: 118
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Iganamagana 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? Has this guy being issuing you with monthly rental receipts. Just forward copies of monthly rental payment to Daniel Kagira or Levi Mukhewso of KRA at Forodha house, Upper Hill Nairobi indicating property location and the landlords details. He will not only pay the taxes due but also refund your deposit promptly or else its treated as income. We will then find out who is smarter. Call 020-281-0000 for more details. What about when you issue notice to vacate, then on the dday your landlord breaks into your house and takes all your valuables (computers, laptops,tv etc) When you report the matter to the police, they claim no one saw him and then they bring a counter "EVICTION NOTICE" saying that if you have not moved by the dday they will forcefully evict you? Happened to me and I wonder why they made an eviction notice, never served me yet they knew we were moving anyway Give Away FREE Reports and Affiliate Tools.
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