Renting in Kenya: the rules

Which law applies depends on the rent. The Rent Restriction Act (Cap. 296) covers dwelling-houses with a standard rent of no more than KSh 2,500 a month, furnished or unfurnished; it does not cover homes let to employees with their job (service tenancies) or homes let by the government, the National Housing Corporation, Kenya Railways, Kenya Ports Authority or a local authority (s2; Legal Notice 259 of 1983). These are called controlled tenancies. In judgments of June 2022 and July 2024 the Environment and Land Court held that the Rent Restriction Tribunal has no jurisdiction once the rent is above KSh 2,500 a month, and quashed tribunal orders made for tenants paying KSh 5,000 to KSh 65,000. Above that level, which in the cities means nearly every letting, the tenancy is governed by the lease, the general rules on leases in Part VI of the Land Act 2012, the Land Registration Act 2012 and the Law of Contract Act, which applies the English common law of contract. Shops, hotels and restaurants fall under a separate law, the Landlord and Tenant (Shops, Hotels and Catering Establishments) Act (Cap. 301).

Under the Land Act a letting is either for a fixed term or periodic. If the lease gives no term and no notice rule, or if an owner lets someone occupy the property for rent without anything in writing, the law treats it as a periodic tenancy running from one rent period to the next, usually month to month (s57). A lease of two years or less, including any periodic tenancy, can be made orally or in writing and is not registered (s58). If a tenant stays on after the term ends and the landlord keeps accepting rent for two months, a month-to-month tenancy arises (s60). Longer leases can be registered at the land registry, and a lease starting in the future for more than five years has no effect until it is registered (s61). Part VI applies 'unless otherwise provided in a lease instrument' (s55), so the written lease matters more than in most countries; a few protections cannot be signed away, such as the 30-day notice and the right to ask the court for relief before a lease is forfeited (ss75 and 76).

A lease is liable to stamp duty, paid by the tenant (Stamp Duty Act, Schedule item 21, version of 1 July 2026). For a term up to one year it is KSh 20 on the first KSh 2,000 of the total rent and KSh 10 for every further KSh 1,000, roughly 1% of the total; for a definite term of one to three years, KSh 10 per KSh 1,000 of the yearly rent (about 1% of one year's rent); for 'any other definite term, or any indefinite term', KSh 20 per KSh 1,000 of the yearly rent (about 2%). The schedule does not say expressly which band a month-to-month tenancy falls in; ask the stamp duty office if yours has no fixed term. A one-year lease at KSh 60,000 a month therefore costs about KSh 7,200 in duty (as of 2026-10). An unstamped lease cannot be used as evidence in a civil case until the duty and a penalty are paid (s19).

No law caps or protects the security deposit on an ordinary residential letting. Neither the Land Act 2012 nor the Law of Contract Act says how large it may be, where it must be held or when it must be returned, and there is no deposit protection scheme: the amount, the deductions allowed and the timing of the refund are whatever the lease says (as of 2026-10). The deposit is usually paid to the landlord or the agent together with the first month's rent, and the landlord keeps it until the end. What is usual in each city is on the city page.

Controlled tenancies under the Rent Restriction Act (KSh 2,500 a month or less) are the exception: a landlord, agent or clerk who demands or accepts more than two months' standard rent in advance commits an offence, and any premium, key money or other payment on top of the rent as a condition of getting or keeping the tenancy is banned and can be reclaimed (ss10 and 17). The Rent Restriction Tribunal can order rent that should not have been paid to be refunded, within two years of payment (ss5 and 19).

Because the law does so little, protection is practical: pay by bank transfer or M-Pesa to an account in the landlord's or the registered agency's name and keep the confirmations, get a receipt for every cash payment, make sure the lease states the deposit, what it can be used for and when it comes back, and do a dated, photographed inventory at the start and the end. Some leases ask for separate water or electricity deposits; treat them like the main deposit and get the refund terms in writing. A deposit that is not returned is a money claim: up to KSh 1 million it can go to the Small Claims Court, above that to a magistrates' court (see Disputes).

For lettings above KSh 2,500 a month there is no rent control: the law sets no limit on the starting rent, no cap on increases and no minimum gap between them (as of 2026-10). In a fixed-term lease the rent can only go up if the lease has a review or escalation clause, and only as that clause allows, which is why many leases carry a yearly percentage increase; read it before signing. In a periodic tenancy the law has no specific rent-increase procedure, but either side can end the tenancy with notice of at least one rent period (Land Act s57), so in practice a landlord can propose a new rent with that notice and the tenant can accept or leave. Ask for any change in writing.

In controlled tenancies the landlord cannot charge more than the standard rent, whatever the agreement says (Rent Restriction Act s9). Increases are only allowed by written notice, copied to the tribunal, to pass on higher rates or water, light or conservancy charges, or to add up to 10% a year of money spent on improvements or structural alterations (not repairs or redecoration) (s11). A tenant can ask the tribunal to assess the standard rent, to reduce the rent where the landlord fails to do repairs, and to fix or apportion service charges for water, light, security and cleaning (s5). The landlord may not cut off water, light or other services without the tribunal's consent (s23).

Not law: the Landlord and Tenant Bill 2021 would have required 90 days' written notice of any increase, allowed increases on residential premises only once every 12 months, and let a tribunal set a fair rent based on comparable lettings (clauses 17 to 20). It passed the National Assembly on 25 November 2021 but never completed its Senate stages, lapsed with the end of that Parliament in 2022, and is not on the National Assembly bills tracker of 23 April 2026 or the Senate tracker of 24 September 2026. As of 2026-10 it is not law.

A periodic tenancy can be ended by either side with notice at least as long as the rent period, expiring on a day the rent is due: for a monthly tenancy, at least one month ending on a rent day (Land Act s57). A fixed term simply ends on its expiry date; before that, the tenant can only leave early if the lease has a break clause or the landlord agrees. A tenant who moves out early with the landlord's agreement stays liable for the rent for up to one year unless the lease sets a shorter period or the landlord re-lets sooner (s71). If the home is destroyed or made unfit by fire, flood, storm or similar events that are not the tenant's fault, rent stops until it is fit again, and if it is not fixed within six months the tenant can end the lease with one month's notice (s65).

For rent unpaid one month after the due date, or another breach lasting a month, the Land Act lets the landlord serve notice to end the lease (s65), but forfeiture needs a written notice of at least 30 days naming the breach and giving the tenant the chance to put it right, whatever the lease says (s75), and the tenant can ask the court for relief (s76). Where the tenant or anyone claiming through them is still living there, forfeiture is 'enforced by action in the court' (s73), and court eviction orders are carried out by licensed auctioneers (Auctioneers Act). The landlord also owes the tenant quiet enjoyment while the rent is paid (s65). The Act gives no other route than notice and a court action to end the lease of a tenant who is living in the home: changing the locks, removing doors or cutting off water is not a procedure it provides for. For controlled tenancies it is a criminal offence to evict without the tribunal's authority or to harass a tenant into leaving (Rent Restriction Act s29: fine up to KSh 6,000 or six months).

Arrears can also be recovered by distress, seizing the tenant's goods. Under the Distress for Rent Act (Cap. 293) this must be done by a licensed auctioneer, never between sunset and sunrise or on a Sunday, and the tenant has 14 days after the seizure notice to pay the rent and costs before the goods can be sold (ss3 and 4; Auctioneers Act s9). In controlled tenancies distress needs the tribunal's leave (Rent Restriction Act s16), notice to quit must be in writing and at least one month ending at the end of a tenancy month (s15), and possession can only be ordered by the tribunal on the grounds in s14, for example arrears, nuisance, or the owner needing the home, which requires 12 months' notice. The lapsed 2021 Bill would have banned seizing a tenant's property without legal process.

Unless the lease says otherwise, the Land Act implies these duties into every lease (ss55, 65 and 66). The landlord must let a home that is fit for human habitation at the start and keep it so, keep the roof, external and main walls, main drains and common parts in repair where only part of a building is let, and pay the rates, taxes and other outgoings on the property. The landlord may enter to inspect or repair at a reasonable time after giving seven days' notice. The tenant must pay the rent on time, keep the home in reasonable repair, and hand it back in the condition it was let in, apart from fair wear and tear and damage from fire, flood, storms or other events that were not the tenant's fault. In controlled tenancies the landlord is responsible for structural repair and keeping the home fit to live in (Rent Restriction Act s26), and the tribunal can order repairs and let the tenant do them and deduct the cost from the rent (s5).

Bills follow the lease. Service charges for security, cleaning, garbage collection and common lighting are common in apartment blocks and are set by the lease, with no statutory cap outside controlled tenancies. Electricity is usually on a Kenya Power meter; with a prepaid meter the tenant buys tokens in advance, by mobile money among other ways. Check before signing whether the meter is prepaid or postpaid and whose name the water and power accounts are in, and ask for the last bills.

Anyone who, for payment, brings landlords and tenants together or negotiates a letting must be a registered estate agent with the Estate Agents Registration Board (Estate Agents Act s2 and s18). Practising unregistered is an offence with fines of up to KSh 1 million for an individual and KSh 5 million for a company (amended 20 June 2025). The Act allows rules on agents' charges (s22), but no published scale for letting commission was found; who pays the agent and how much is a matter of agreement (as of 2026-10). No law expressly deals with 'viewing fees'; the rule that applies is the registration rule above. Check names in the Board's gazetted list and online firm directory, and see our scam guide.

Kenya has no system for registering your home address with the authorities, and no law requires a particular ID or tax number to sign a lease (as of 2026-10). In practice landlords and agents ask Kenyans for a copy of their national ID card and foreigners for their passport and proof of immigration status, such as a work permit, a pass or an alien (foreign national) ID card, and often for an employer letter or payslips.

Many landlords also ask for the tenant's KRA PIN, the personal tax number issued by the Kenya Revenue Authority, because KRA's online form for registering a let property asks the landlord to enter the tenant's PIN (KRA, as of 2026-10). Residents apply on iTax with their national ID or alien ID. A foreign employee living in Kenya needs a letter of introduction from the employer, the employer's PIN, a valid passport, and a valid work permit or special pass naming the employer and endorsed in the passport; investors apply through a tax agent with proof of the investment (KRA PIN requirements, as of 2026-10). You will also need the PIN for a job, a bank account and most official business.

If you are paid a salary in Kenya, the Affordable Housing Levy takes 1.5% of gross pay, matched by another 1.5% from the employer; it has applied since the Affordable Housing Act 2024 came into force on 22 March 2024 (s4 and s5). It does not change your rent or your tenancy rights.

For ordinary lettings the lease decides. If it says the tenant may not sublet, assign or part with possession without the landlord's consent, the Land Act reads that as consent that may not be unreasonably withheld: the landlord must answer in writing within a reasonable time, give reasons for a refusal if asked, and may not demand extra rent, a premium or a fee for consent beyond reasonable expenses, or refuse because of the subtenant's gender, nationality or other irrelevant personal traits; money wrongly taken can be recovered (s67). A lease can, however, ban subletting outright (s67(6)). A sublease cannot run longer than the head lease (s63), and if the landlord forfeits the head lease every sublease ends with it unless the court grants relief (s74). Room-sharing arrangements where you pay the main tenant rather than the owner give you only the rights in your agreement with that tenant, so get it in writing and check that the main lease allows it.

In controlled tenancies a tenant may not sublet or part with possession without the landlord's written consent or, if consent is unreasonably refused, the tribunal's (Rent Restriction Act s27). A tenant who lives in the home may sublet it for up to six months, extendable by three, with that consent, and takes it back at the end (s28). Subletting without consent, or at more than the lawful rent, is a ground for possession (s14).

Letting a flat to short-stay guests is a separate matter: furnished service apartments, villas, holiday cottages, homestays and guest houses are tourism activities that need a licence from the Tourism Regulatory Authority (see For landlords), and a tenant who puts a rented flat on a booking platform without the landlord's consent is also likely to be in breach of the lease.

There is no landlord registration, licensing or energy certificate for long lets in Kenya. A landlord must meet the duties the Land Act implies into the lease (habitable home, repairs to the structure and common parts, quiet enjoyment, seven days' notice before entry) unless the lease validly says otherwise, end tenancies by notice and through the courts rather than by lock-outs, recover arrears by distress only through a licensed auctioneer, and use only registered estate agents. For controlled tenancies (KSh 2,500 a month or less) the Rent Restriction Act adds a rent book, the standard-rent limit and the tribunal's control over possession.

Residential rental income tax (known as Monthly Rental Income, MRI) applies to resident landlords whose rent from homes in Kenya is more than KSh 288,000 and not more than KSh 15 million in a year (Income Tax Act s6A). It is 7.5% of the gross rent, a final tax with no deductions for expenses, interest or losses, at that rate since 1 January 2024 (10% before; Finance Act 2023). Returns are filed and the tax paid on iTax by the 20th of the following month, with a nil return for a month with no rent; late filing costs the higher of KSh 2,000 or 5% of the tax for individuals (KRA, as of 2026-10). A landlord can elect in writing to use the ordinary annual income tax regime instead, and those above KSh 15 million must. Commercial rent is outside MRI. Since 1 July 2023, persons appointed by KRA as rental income tax agents, such as property managers, deduct the tax from rent they collect and remit it within five working days (s35). Non-resident landlords pay 30% of the gross rent as a final tax (Third Schedule); since the Finance Act 2026, in force 1 July 2026, they must register and file by the 20th of the following month themselves unless a resident agent deducts it (s6B). The Affordable Housing Act also applies its 1.5% levy to gross income that is not salary (s4(2)(b)); ask KRA how this applies to your rent.

Short lets: renting out furnished homes to guests is regulated as tourism. Under the Tourism Act a person may not run any activity in its Ninth Schedule, which includes service flats and apartments, villas, holiday cottages, homestays and guest houses, without a licence from the Tourism Regulatory Authority (s98); the penalty is a fine of up to KSh 100,000, up to 18 months in prison, or both (s112). The Tourism Regulatory Authority (Tourism Enterprises) Regulations 2025, in force since 16 December 2025, add that an unlicensed enterprise may not be listed on any digital marketing or booking platform, that licensed hosts must show their licence number or QR code on online listings, keep guest records for five years and report occupancy data monthly. Fees for a service apartment are a one-off KSh 1,000 application fee and KSh 12,000 a year for one unit, KSh 20,000 for two and KSh 29,000 for three to five (First Schedule, as of 2026-10). County business permits may also apply; the city page has the local rules.

Where you go depends on the rent and the claim. Controlled tenancies (KSh 2,500 a month or less) go to the Rent Restriction Tribunal; the Nairobi tribunal covers Nairobi, Kiambu, Thika, Machakos, Makueni and Kajiado, and there are tribunals in Mombasa, Nakuru, Kisumu, Eldoret, Nyeri, Embu, Garissa and Kakamega (Legal Notice 212 of 1990). Appeals go to the Environment and Land Court. The tribunal must first check that the standard rent is within the limit; if the rent is higher, its orders are void (Environment and Land Court, 2022 and 2024). Business premises go to the Business Premises Rent Tribunal.

All other residential tenancy disputes go to the ordinary courts. Magistrates' courts hear land and tenancy claims, including rent, possession and leases, up to KSh 5 million to KSh 20 million depending on the magistrate's rank (Magistrates' Courts Act ss7 and 9); larger or more complex cases go to the Environment and Land Court. Money claims of up to KSh 1 million, such as an unreturned deposit or unpaid rent, can go to the Small Claims Court, which is meant to be simple and cheap and must decide cases within 60 days; it cannot hear disputes over possession of land, so not evictions (Small Claims Court Act ss12 to 34). Complaints about a registered estate agent's conduct go to the Estate Agents Registration Board, which can caution, fine, suspend or strike off an agent (Estate Agents Act ss23 and 24); unregistered 'agents' are a criminal matter.

Free help: the National Legal Aid Service gives free legal aid, advice and mediation to people who cannot afford a lawyer (toll-free 0800 720 640; apply online). Kituo cha Sheria, the oldest legal-aid organisation in Kenya, gives free legal advice from offices in Nairobi and Mombasa. Rental fraud, such as fake listings, deposits taken for homes the 'landlord' does not own, or fake agents, can be reported to the police and the Directorate of Criminal Investigations, which takes complaints online and on its Fichua hotline 0800 722 203. Not law: the Landlord and Tenant Bill 2021, which would have created landlord and tenant tribunals for all tenancies and replaced Caps 293, 296 and 301, lapsed in 2022; as of 2026-10 it is not law.