Your landlord can’t evict you without terminating the tenancy first. This usually means giving you an adequate written eviction notice, in a specified way and form. If you don’t move after receiving a proper notice the landlord can go to the police to evict you. In order to win, the landlord must prove that you did something wrong that justifies ending the tenancy.
Tenancy laws contain detailed requirements for landlords who want to end a tenancy. Kenya has a specific way to go about eviction and landlords must follow state rules and procedures exactly.
Read Also: Do You Know Your Basic Rights as a Tenant? Here’s Why You Should
When a Landlord Might Send a Notice of Termination for Cause
There are basically three types of termination notices that you might receive if you have violated the rental agreement or lease in some way:
- Pay Rent or Move out, which are typically given to someone who has not paid the rent. These notices give you a few days to pay the rent or move out.
- Correct or Move out, which are typically given to someone who violates a term or condition of the lease or rental agreement, such as the promise to refrain from making excessive noise. Usually, you have a set amount of time in which to correct the violation.
- Unconditional Moving Out, which is the harshest of all. They order the tenant to vacate the premises with no chance to pay the rent or correct a lease or rental agreement violation.
- repeatedly violated a significant lease or rental agreement clause
- been late with the rent on more than one occasion
- seriously damaged the premises, or
- engaged in serious illegal activity, such as drug dealing on the premises.
When a Landlord Might Send a Notice of Termination Without Cause
Even if you have not violated the rental agreement and have not been late paying rent, a landlord can probably ask you to move out at any time as long as the landlord gives you a long enough notice period.
A 30-Day Notice to Vacate or a 60-Day Notice to Vacate to terminate a tenancy can be used when the landlord does not have a reason to end the tenancy.
When a Landlord Might Go to the Law
Following receipt of a termination notice, if you haven’t moved out or fixed the lease or rental agreement violation, the landlord may take other measures. Like asking the police to interfere.
