Ask a lawyer:
Draft a Notice to Vacate for a landlord and tenant
Notice to Vacate
Table of Contents
Introduction
Legal Framework
Notice to Vacate
Conclusion
Introduction
This document outlines the legal framework for issuing a Notice to Vacate in Kenya, and provides a sample Notice to Vacate that can be used by landlords.
Legal Framework
The legal framework for landlord-tenant relationships in Kenya is primarily governed by the Landlord and Tenant (Shops, Hotels and Other Premises) Act, Cap 301, Laws of Kenya (the "Act"). This Act outlines the rights and obligations of both landlords and tenants, including the process for terminating a tenancy agreement.
Key Provisions:
Section 12: This section outlines the grounds upon which a landlord can terminate a tenancy agreement. These grounds include:
Non-payment of rent: The landlord can terminate the tenancy if the tenant fails to pay rent within the stipulated time frame.
Breach of the tenancy agreement: The landlord can terminate the tenancy if the tenant breaches any other terms of the agreement.
Use of the premises for illegal purposes: The landlord can terminate the tenancy if the tenant uses the premises for illegal activities.
Subletting without consent: The landlord can terminate the tenancy if the tenant sublets the premises without the landlord's consent.
Damage to the premises: The landlord can terminate the tenancy if the tenant causes significant damage to the premises.
Section 13: This section outlines the procedure for terminating a tenancy agreement. The landlord must serve the tenant with a written notice of termination, specifying the grounds for termination and the date on which the tenancy will end.
Section 14: This section outlines the tenant's right to appeal the termination of the tenancy agreement. The tenant can appeal the termination to the Rent Restriction Tribunal.
Notice to Vacate
[Landlord's Name] [Landlord's Address] [Landlord's Phone Number] [Landlord's Email Address]
[Date]
[Tenant's Name] [Tenant's Address]
NOTICE TO VACATE
RE: Premises at [Address of Premises]
This notice serves to inform you that your tenancy agreement for the premises located at [Address of Premises] is hereby terminated, effective [Date of Termination].
Grounds for Termination:
[State the specific grounds for termination, e.g., non-payment of rent, breach of tenancy agreement, etc.]
Action Required:
You are required to vacate the premises on or before [Date of Termination]. Failure to vacate the premises by this date will result in legal action being taken against you, including but not limited to:
Eviction proceedings: The landlord may initiate eviction proceedings through the courts.
Legal costs: The tenant may be liable for all legal costs incurred by the landlord in pursuing eviction.
Damages: The tenant may be liable for any damages caused to the premises.
Please note:
This notice is being served in accordance with the provisions of the Landlord and Tenant (Shops, Hotels and Other Premises) Act, Cap 301, Laws of Kenya.
You have the right to appeal the termination of your tenancy agreement to the Rent Restriction Tribunal.
[Landlord's Signature]
[Landlord's Name]
Conclusion
It is important for landlords to understand the legal framework governing landlord-tenant relationships in Kenya and to follow the proper procedures when terminating a tenancy agreement. This includes providing the tenant with a written Notice to Vacate that clearly outlines the grounds for termination and the date on which the tenancy will end.
Answered by mwakili.com