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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?
Dealing with Harassment from a Landlady in Kenya
Table of Contents
Introduction
Understanding Tenant Harassment
Legal Framework Governing Tenant Rights in Kenya
Steps to Address Harassment
Documenting the Harassment
Reporting to Authorities
Seeking Legal Redress
Conclusion
Sources
1. Introduction
Tenant harassment is a serious issue that can significantly affect your quality of life. In Kenya, tenants have legal protections against such behavior from landlords or landladies. This guide will help you understand your rights and the steps you can take to address harassment from your landlady.
2. Understanding Tenant Harassment
Tenant harassment can take many forms, including verbal abuse, physical threats, illegal eviction attempts, and cutting off essential services like water and electricity. In your case, the landlady's actions of verbally assaulting your child, hurling insults, and switching off your water and lights constitute harassment.
3. Legal Framework Governing Tenant Rights in Kenya
In Kenya, the rights and responsibilities of both landlords and tenants are governed by the Kenyan Constitution, various statutes, and common law principles. Key legal instruments include:
The Constitution of Kenya, 2010: Provides for the protection of human rights, including the right to dignity and security.
The Landlord and Tenant (Shops, Hotels, and Catering Establishments) Act: Governs the relationship between landlords and tenants in commercial properties but offers insights into general principles applicable to residential tenancies.
The Rent Restriction Act: Applies to residential premises with a monthly rent not exceeding Ksh 2,500, providing protections against unfair practices by landlords.
4. Steps to Address Harassment
A. Documenting the Harassment
Keep Records: Document every instance of harassment. This includes dates, times, and descriptions of incidents. Record conversations if possible and keep any written communication from the landlady.
Witness Statements: Gather statements from witnesses, such as neighbors or the area Nyumba Kumi chairman, who can corroborate your claims.
B. Reporting to Authorities
Local Authorities: Report the harassment to local authorities, such as the area chief or sub-chief. Given that the landlady has a pending case of assault, it is crucial to involve the authorities to ensure your safety and legal protection.
Nyumba Kumi Initiative: Utilize the Nyumba Kumi initiative, which is a community policing strategy aimed at enhancing security and resolving disputes at the local level. The involvement of the Nyumba Kumi chairman in your case is a positive step.
C. Seeking Legal Redress
Consult a Lawyer: Seek legal advice from a qualified lawyer who can guide you on the best course of action. They can help you understand your rights and the legal remedies available to you.
File a Complaint: You can file a formal complaint with the Rent Tribunal if your rent falls under the jurisdiction of the Rent Restriction Act. The Tribunal can issue orders to stop the harassment and restore your services.
Court Action: If the harassment continues, you may need to take legal action by filing a lawsuit against the landlady for harassment and any damages incurred.
5. Conclusion
Dealing with harassment from a landlady can be distressing, but it is important to know that you have legal rights and remedies available to you. Documenting the harassment, reporting to local authorities, and seeking legal advice are crucial steps in addressing the issue. By taking these actions, you can protect yourself and your family from further harm.
6. Sources
By following these steps and utilizing the resources available, you can effectively address and resolve the harassment you are experiencing from your landlady.
Answered by mwakili.com