A lease agreement in Kenya

Congratulations on finding your ideal house! Before you finalize everything and start paying rent, it’s crucial to carefully review your lease agreement. Don’t rush into signing it without understanding all the terms and conditions. Taking this precaution will help you avoid potential issues and disputes with your landlord in the future.

We understand that contracts can be long and tedious to read, even more so if English is not your native language. However, investing a little effort in reading the small print can save you significant hassle down the road. Here are the key points to pay attention to:

  1. Dates: Check the start and end dates of your tenancy to ensure they align with your plans.
  2. Inclusion of Names: Make sure the contract includes the names of all tenants and the landlord.
  3. Tenant Obligations: Examine your responsibilities during your stay, ensuring you agree with them.
  4. Rent Amount and Payment Liability: Verify the rent amount and who is responsible for paying it.
  5. Property Condition: Ensure the contract considers general wear and tear of the property.
  6. Agreed Repairs: If there are specific repairs the landlord promised before your move-in (e.g., fixing appliances, leaky faucets), ensure they are documented in the agreement.

If you come across anything unusual or wish to make changes to the contract, don’t hesitate to discuss it with your landlord or agent. For instance, if the landlord agreed to make certain repairs during the property viewing, have those details put in writing. It’s essential to have such agreements documented to avoid misunderstandings later.

Once you sign the agreement, you are bound by its terms, so take the time to understand and clarify anything before proceeding. Your thoroughness now will contribute to a stress-free and enjoyable tenancy experience.

Let’s look at some of the things to consider when signing your lease agreement.

 

Is there a grace period for paying rent?

 

Know the due date for rent payments and whether there’s a grace period, especially if your salary tends to be delayed or if you’re self-employed.

 

Can I entertain guests beyond certain hours?

 

Understand any rules or restrictions regarding hosting guests to avoid potential disturbances and issues with neighbors.

Asking these questions and having the landlord address them in writing will help ensure a smoother and more enjoyable renting experience.

 

Can I move in before the start of the month?

 

If you need to move in mid-month due to short notice, lease expiration, or other reasons, inquire about prorated rent options to pay only for the days you’ll stay in the rental that month.

 What happens if I need to move out before the lease expires?

 

Life can be unpredictable, so it’s essential to understand the penalties and implications of breaking the lease prematurely. Know how it might affect your rent deposit refund.

 What are the accepted payment options?

Clarify the preferred payment method (e.g., Mpesa, cheque, or cash) and always request receipts for your records to avoid future discrepancies.

Will I receive a refund of the rent deposit?

Avoid potential deposit disputes by doing a thorough walk-through before moving in, documenting any necessary repairs, and taking photos of the property’s condition.

Can I make changes to the house?

If you wish to personalize the space, find out if you’re allowed to paint, hang artwork, or make modifications before signing the lease.

Who is responsible for fixing damages in the house?

Determine whether repairs and damages are your responsibility or the landlord’s, and ensure this clause is included in the lease agreement.

Who has access to the house?

Discuss with the landlord their policies on access for repairs or cleaning services, as well as whether guests are allowed beyond certain hours.