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How do I deal with harassment from a landlady My landlady verbally assaulted 10 yr old with an accusation that he rang her bell instead of mine which was a lie because I was there at the gate...I tried having a calm conversation but she hurlled insults and switched off my water and lights. I contacted the area nyumba 10 chairman who came and helped me get my lights back despite the fact that she hunged up on the chief upon hearing my report.The chairman adviced we talk to the landlord who is not around ...the landlady had a notorious reputation and a pending case of assault hence her avoiding the chief, today she runs to the subchief whose new and knows her not to report and now gives a month notice.Am to meet him tomorrow and the chairman has advised that he will be present because the landlady has gone too far ..what to do?
Introduction
This response will address the legal framework surrounding landlord-tenant relations in Kenya, focusing on the specific situation presented. It will analyze the legal implications of the landlady's actions, including verbal assault, utility disconnection, and the issuance of a one-month notice to vacate. It will also explore the potential legal remedies available to the tenant in this situation.
Table of Contents
Legal Framework 1.1 Landlord-Tenant Relations 1.2 Protection Against Harassment 1.3 Right to a Safe and Secure Environment
Analysis of the Landlady's Actions 2.1 Verbal Assault 2.2 Utility Disconnection 2.3 Issuance of a One-Month Notice
Potential Legal Remedies 3.1 Reporting to the Police 3.2 Seeking Mediation 3.3 Filing a Civil Suit
Conclusion
1. Legal Framework
1.1 Landlord-Tenant Relations
The legal framework governing landlord-tenant relations in Kenya is primarily found in the Landlord and Tenant (Shops, Hotels and Lodging Houses) Act, Cap 301, Laws of Kenya and the Rent Restriction Act, Cap 296, Laws of Kenya. These Acts outline the rights and obligations of both landlords and tenants, including the following:
Right to Quiet Enjoyment: Tenants have the right to peaceful and undisturbed enjoyment of the premises. This right is enshrined in the Landlord and Tenant (Shops, Hotels and Lodging Houses) Act, Cap 301, Laws of Kenya.
Duty to Provide Essential Services: Landlords have a duty to provide essential services such as water and electricity. This duty is implied under the Landlord and Tenant (Shops, Hotels and Lodging Houses) Act, Cap 301, Laws of Kenya.
Right to a Notice to Vacate: Landlords are required to provide tenants with a reasonable notice period before terminating the tenancy. The notice period is typically stipulated in the lease agreement or, in the absence of a lease agreement, is governed by the Rent Restriction Act, Cap 296, Laws of Kenya.
1.2 Protection Against Harassment
The Constitution of Kenya, 2010 provides for the right to security of person and protection from harassment. Article 29(a) of the Constitution states that every person has the right to life and security of person. Article 29(d) of the Constitution further states that every person has the right to be free from torture, cruel, inhuman or degrading treatment or punishment.
1.3 Right to a Safe and Secure Environment
The Constitution of Kenya, 2010 also guarantees the right to a safe and secure environment. Article 43(1) of the Constitution states that every person has the right to a clean and healthy environment. This right includes the right to access to adequate housing.
2. Analysis of the Landlady's Actions
2.1 Verbal Assault
The landlady's verbal assault on the 10-year-old child constitutes a violation of the child's right to security of person and protection from harassment. This is a serious offense under Kenyan law.
The Children Act, No. 8 of 2001 defines a child as a person under the age of 18 years.
Section 12 of the Children Act prohibits any person from engaging in any act that is likely to cause harm to a child.
Section 13 of the Children Act prohibits any person from engaging in any act that is likely to expose a child to danger.
2.2 Utility Disconnection
The landlady's disconnection of the tenant's water and electricity supply is a violation of the tenant's right to a safe and secure environment. This action is also a breach of the implied duty of the landlord to provide essential services.
The Landlord and Tenant (Shops, Hotels and Lodging Houses) Act, Cap 301, Laws of Kenya implies a duty on the landlord to provide essential services such as water and electricity.
The Constitution of Kenya, 2010 guarantees the right to a clean and healthy environment, which includes access to adequate housing.
2.3 Issuance of a One-Month Notice
The landlady's issuance of a one-month notice to vacate may be considered unreasonable and unlawful, depending on the specific circumstances of the tenancy.
The Rent Restriction Act, Cap 296, Laws of Kenya sets out the minimum notice periods for terminating a tenancy.
The Landlord and Tenant (Shops, Hotels and Lodging Houses) Act, Cap 301, Laws of Kenya also provides for notice periods for terminating a tenancy.
3. Potential Legal Remedies
3.1 Reporting to the Police
The tenant should report the landlady's actions to the police. The police can investigate the matter and take appropriate action, including arresting the landlady if necessary.
The Criminal Procedure Code, Cap 75, Laws of Kenya provides for the reporting of crimes to the police.
The Children Act, No. 8 of 2001 provides for the protection of children from harm.
3.2 Seeking Mediation
The tenant can seek mediation from the local Nyumba Kumi chairman or other community leaders. Mediation can help to resolve the dispute amicably and avoid further escalation.
The Community Policing Act, No. 11 of 2007 promotes community participation in crime prevention and resolution of disputes.
3.3 Filing a Civil Suit
If mediation fails, the tenant can file a civil suit against the landlady in the Small Claims Court. The tenant can seek damages for the landlady's actions, including the cost of repairs, compensation for emotional distress, and an injunction to prevent further harassment.
The Small Claims Court Act, No. 10 of 2016 provides for the resolution of small claims disputes.
The Civil Procedure Act, Cap 21, Laws of Kenya provides for the filing of civil suits.
4. Conclusion
The landlady's actions constitute a serious violation of the tenant's rights under Kenyan law. The tenant has several legal remedies available to address the situation, including reporting the matter to the police, seeking mediation, and filing a civil suit. It is advisable for the tenant to consult with a lawyer to explore the most appropriate course of action.
Answered by mwakili.com