Can my landlord deduct repairs from my deposit without giving receipts?

A landlord is entitled to deduct genuine arrears, damage or repair costs only if the tenancy agreement permits it and the claim is supported. Simply stating a figure, without an itemised explanation or reliable evidence is not justifiable.

It is important to check tenancy agreement clauses such as deposit, repairs, inspection and “fair wear and tear” clauses. A deposit is security, not automatically the landlord’s money.

Where a landlord claims a specific repair loss, Kenyan courts generally require the loss to be specifically pleaded and proved.

For a controlled business tenancy under the Landlord and Tenant (Shops, Hotels and Catering Establishments) Act, section 3(3) requires the landlord’s rent book to record repairs carried out. In a deposit dispute, the Business Premises Rent Tribunal has required a valuation report and/or evidence of repair expenditure before repair costs are offset against a deposit.

What to do:

Write to the landlord and request:

• A list of each deduction;

• Inspection reports;

• Photographs or videos of the alleged damage;

• Receipts, invoices, contractor reports or other evidence of the cost; and

• Deposit balance.