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Rent increase without notice. What are my rights?
I recently moved into a new apartment and I'm having some issues with my landlord. He has recently increased rent without any prior notice. What can i do about it?
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Comments:
Winfred
said:
In Kenya, the laws governing landlord, tenant and rent relationships are the Landlord and Tenant Cap and the Rent Restriction Act Cap 296. It is advisable for both the tenant and the landlord to know their rights before making any agreements or contracts.
A landlord is allowed to increase rent though they must do it in accordance with the law. There are certain rules that they must comply with about timing and notice. Tenants should know these rules and understand what legal action to take when the landlord violates them. A landlord who intends to increase rent or alter any basic term in the tenancy agreement, must serve the tenant with a notice of at least one month. According to section 4(5) of the Landlord and Tenant Act, Cap 301, the notice should outline the reasons for the increment or for changing any term in the tenancy agreement. If the Landlord does not give the tenant notice, the tenant is allowed to object to the rent increase by informing the landlord within 30 days from the time they get the notice. Before the time when the notice is effective, the tenant should forward the matter to the rent tribunal in which the notice will be ineffective until a determination is made by the tribunal.
It is advisable to consult a lawyer if the tenant wants to object the increment or he/she feels that the landlord has unfairly increased the rent. Your lawyer will help you forward your claim to the rent tribunal or negotiate time allowance in case your landlord has not issued sufficient time for the rent increment.
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