A tenancy agreement is a legally binding document, and once you sign it, its terms apply whether or not you read them carefully beforehand. Here are the key areas to review before putting pen to paper.
Confirm the exact rent amount, due date and accepted payment method. Some agreements specify a grace period before late fees apply, while others do not — this should be spelled out clearly, not left to verbal agreement.
Check the deposit terms closely. The agreement should state the deposit amount, what it covers (damage, unpaid rent, or both), and the conditions under which it will be refunded. Ask what documentation or inspection process happens at move-out, since disputes over deposits are one of the most common landlord-tenant conflicts in Kenya.
Look for the notice period required from both sides. Most agreements require one to two months' written notice before either party ends the tenancy. Confirm whether you are required to find a replacement tenant if you leave early, and whether there are penalties for breaking the lease before its term ends.
Review what maintenance responsibilities fall on you versus the landlord. Agreements typically distinguish between routine tenant upkeep (like unclogging a drain) and structural repairs (like a leaking roof), which usually remain the landlord's responsibility. If this distinction is not clear in the document, ask for it to be added.
Check whether the agreement restricts subletting, having guests stay long-term, or making alterations to the unit such as painting or installing fixtures. These restrictions are common and generally enforceable, so it is better to know about them upfront than to discover them after you have already broken a rule.
Confirm what happens if the property is sold during your tenancy. Kenyan law generally protects sitting tenants under a valid lease, but it is worth having this addressed explicitly in the agreement rather than assuming it will not be an issue.
If anything in the agreement is unclear, ask for it to be explained or amended before signing — verbal promises that contradict the written agreement are very difficult to enforce later. For higher-value rentals or longer lease terms, it is worth having a lawyer review the agreement, which typically costs far less than the cost of a dispute later.
