If you’re lucky enough to own a home with a DSQ, you have thought about renting it out. Why not just make back some cash by renting it out? After all, in a hot rental market, that should be easy enough. All you have to do is find a tenant and watch the money roll in. However, there are myths about renting out your home that hold you back?
But beware. Whether it’s your first time renting out a property, or you find yourself in a sticky situation with an existing tenant. It can be a challenge to differentiate fact from fiction in the tangled realm of landlord-tenant law.
So what are some myths about renting out your home that may scare you from being a landlord?
Myth No. 1: You’re responsible for all repairs
While this might be what your tenant is saying, it’s not completely true. A good lease agreement will usually specify which repairs you are. And aren’t responsible for. But the general rule of thumb is that landlords are responsible for any repairs that have to do with the “habitability” of the property.
Most landlords are responsible for repairs that, if not made, would affect a tenant’s health, safety, or welfare.
It’s also important to note how the damage was caused. Since anything caused by a tenant, their friends, or their pets, is also generally their responsibility to fix.
Myth No. 2: You can’t refuse to rent to anyone—even a ex-criminal
While it’s true there are a number of laws protecting people with a criminal history from discrimination. It doesn’t necessarily mean you’re forced to rent your property to them.
Under the Housing Act, it’s considered discrimination to deny housing to someone with any type of criminal record. However, you are perfectly within your rights to refuse to rent to someone with a record that could potentially put you, your property, or your other tenants at risk.
To avoid being accused of discrimination, consider the crime itself, when it happened, whether they were actually convicted (as opposed to just being arrested), and whether the nature of the crime puts anyone at risk. If you’re feeling concerned about the answers to those questions, chances are it’s within your rights to refuse to rent.
Myth No. 3: Generic form contracts are good enough for a lease agreement
A lot of Kenyan landlords use form contracts, in lieu of a customized lease agreement. And sometimes this works out just fine. But when it doesn’t, you could find yourself in a big mess, with little legal authority to get out of it.
Whether these [form contracts] are drafted well it depends on the management.
Since the quality of these contracts varies so much, it’s good to familiarize yourself with what they cover before just blindly using one. It’s also good to keep in mind that the contract may not cover extenuating circumstances that are specific to your property or location.
If your form contract doesn’t cover you in the necessary ways, you’re better off finding a lawyer to help you write the lease you need.
Myth No. 4: Noisy neighbours? Not your problem
In fact, this would be your problem—at least in most situations. And again, this is where it helps to know your lease agreement. If there’s anything in there about “quiet enjoyment” or quiet hours, your tenants are fully within their rights to expect you to do something about any excessive or disruptive noise coming from other tenants.
And know this: Even when the lease agreement doesn’t specify a right to quiet time, it’s often implied and seen as a general courtesy to help your tenants resolve the issue.
Myth No. 5: You can’t enter your tenant’s space
A landlord has a right to enter a tenant’s space so long as they provide the tenant with a ‘notice to enter’ in advance.
In most properties, 24 hours is sufficient to advance notice but this can change, depending on the reason for your visit.
In the event of an emergency such as a flood or fire, a landlord does not need to provide any notice to legally enter the tenant’s space.
So if there’s something you need to check on, or a repair you need to make, don’t worry—you’re not invading your tenant’s privacy. Just do it by the book.
Although, some myths about renting your home can be true just do your research to avoid falling victim to false information.
