Tenant eviction is governed by the Landlord and Tenant Act. Landlords can only evict tenants through a legal process. They must provide an eviction notice before seeking legal action.
Eviction notice-It is a legal document used by a landlord to evict a tenant for not complying with the original terms of the lease or rental agreement. There are different types of eviction in Kenya, that is;
I. Eviction of a tenant at a residential unit.
These are those units where rent is paid periodically, for instances, monthly. The procedure to be followed majorly depends on how parties agreed in the first place. However, there is a bare minimum you cannot rightfully evict anyone without a court order. The landlord should give a termination notice where agreements are not provided for in writing or they are in writing but do not have a termination clause.
II. Eviction of tenant from business premises.
The Landlord and Tenant (shops, hotels and catering Establishments) Act cap 301 is meant to protect tenants from eviction and exploitation. Under the said Act, the landlord cannot evict the tenant without issuing a two months termination notice. The termination notice has to specify grounds for the termination.
Once the termination notice is served upon the tenant, he/she may protest the notice by writing back to the landlord indicating why he/she will not comply with the notice and file a reference to opposing the notice.