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Example Rental Tenant Agreement

This is a sample rental agreement for a residential property in Kenya. It is important to note that this is just a sample and may not be suitable for all situations. You should always consult with a lawyer to ensure that your rental agreement is legally sound and meets your specific needs.

Parties
Premises
Term
Rent
Security Deposit
Utilities
Maintenance
Use of Premises
Pets
Termination
Default
Governing Law
Entire Agreement
Notices
Waiver
Severability
Binding Effect
Signatures

1. Parties

This Rental Agreement ("Agreement") is made and entered into as of [Date] by and between [Landlord Full Name], residing at [Landlord Address] ("Landlord"), and [Tenant Full Name], residing at [Tenant Address] ("Tenant").

2. Premises

The Landlord agrees to lease to the Tenant, and the Tenant agrees to lease from the Landlord, the premises located at [Premises Address] ("Premises").

3. Term

The term of this Agreement shall be for a period of [Number] months, commencing on [Start Date] and ending on [End Date] ("Term").

4. Rent

The Tenant shall pay to the Landlord monthly rent of [Amount] Kenyan Shillings ([Currency]) ("Rent"). The Rent shall be due and payable on the [Day] day of each month.

5. Security Deposit

The Tenant shall pay to the Landlord a security deposit of [Amount] Kenyan Shillings ([Currency]) ("Security Deposit"). The Security Deposit shall be returned to the Tenant within [Number] days after the termination of this Agreement, less any deductions for unpaid Rent, damages to the Premises, or other breaches of this Agreement.

6. Utilities

The Tenant shall be responsible for paying all utilities for the Premises, including but not limited to:

Electricity
Water
Gas
Telephone
Internet

7. Maintenance

The Landlord shall be responsible for maintaining the Premises in a habitable condition. The Tenant shall be responsible for maintaining the Premises in a clean and sanitary condition.

8. Use of Premises

The Premises shall be used for residential purposes only. The Tenant shall not use the Premises for any commercial or illegal purposes.

9. Pets

Pets are [Allowed/Not Allowed] on the Premises. If pets are allowed, the Tenant shall be responsible for ensuring that the pets are properly cared for and do not cause any damage to the Premises.

10. Termination

This Agreement may be terminated by either party upon [Number] days' written notice to the other party.

11. Default

If the Tenant fails to pay the Rent or otherwise breaches this Agreement, the Landlord may terminate this Agreement and evict the Tenant from the Premises.

12. Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the Republic of Kenya.

13. Entire Agreement

This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous communications, representations, or agreements, whether oral or written.

14. Notices

All notices and other communications hereunder shall be in writing and shall be deemed to have been duly given when delivered personally, sent by certified mail, return receipt requested, or sent by overnight courier service, addressed as follows:

If to the Landlord: [Landlord Address]
If to the Tenant: [Tenant Address]

15. Waiver

No waiver of any breach of this Agreement shall be deemed a waiver of any subsequent breach.

16. Severability

If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck from this Agreement and the remaining provisions shall remain in full force and effect.

17. Binding Effect

This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and permitted assigns.

18. Signatures

IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above.

Landlord:

[Landlord Signature]

[Landlord Printed Name]

Tenant:

[Tenant Signature]

[Tenant Printed Name]

Sources:

Case Laws

Mombasa Municipal Council v. Mohamedali & Sons Ltd. (1969) EA 405: This case established the principle that a landlord has a duty to ensure that the premises are fit for habitation. In this case, the landlord was found liable for damages when a tenant was injured due to a defective floor in the rented premises.
Githendu v. Njuguna (1983) KLR 1: This case established the principle that a tenant has a duty to pay rent as agreed upon in the lease agreement. In this case, the tenant was found liable for unpaid rent and was evicted from the premises.
Kenya Commercial Bank Ltd. v. Kiplagat (2003) 1 EA 1: This case established the principle that a landlord can evict a tenant for breach of the lease agreement, such as non-payment of rent. In this case, the landlord was granted an order for eviction after the tenant failed to pay rent for several months.

TLDR

This is a sample rental agreement for a residential property in Kenya. It outlines the terms of the agreement between the landlord and tenant, including the rent, security deposit, utilities, maintenance, and termination.

Conclusion

This sample rental agreement is a starting point for landlords and tenants in Kenya. It is important to consult with a lawyer to ensure that your rental agreement is legally sound and meets your specific needs. You should also be aware of the relevant case laws that govern landlord-tenant relationships in Kenya.