Ask a lawyer:
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?
This is a very difficult situation, and it sounds like your landlady is engaging in a pattern of harassment and intimidation. Here's a breakdown of your options and what you should do:
Table of Contents
Understanding Your Rights
Documenting the Harassment
Seeking Legal Advice
Negotiating with the Landlady
Involving the Sub-Chief
Reporting to the Police
Seeking Alternative Accommodation
1. Understanding Your Rights
You have the right to live in a safe and peaceful environment, free from harassment and intimidation. Your landlady's actions are a violation of your rights as a tenant.
The Landlord and Tenant Act (Cap. 301) of Kenya outlines the rights and responsibilities of both landlords and tenants. This Act protects tenants from unreasonable eviction and ensures that landlords provide habitable living conditions.
The Constitution of Kenya guarantees the right to dignity, security, and freedom from arbitrary interference with privacy. Your landlady's actions violate these fundamental rights.
2. Documenting the Harassment
It is crucial to document every instance of harassment, including:
Dates and times: Record the exact dates and times of each incident.
Details of the harassment: Describe the specific actions and words used by your landlady.
Witnesses: If anyone else witnessed the harassment, get their names and contact information.
Evidence: Take photographs or videos of any damage to your property or any other evidence of the harassment.
3. Seeking Legal Advice
It is highly recommended that you seek legal advice from a qualified lawyer specializing in landlord-tenant disputes. A lawyer can:
Assess your legal options: They can help you understand your rights and the legal remedies available to you.
Draft legal notices: They can draft formal notices to your landlady demanding that she cease her harassment.
Represent you in court: If necessary, they can represent you in court to seek legal redress.
4. Negotiating with the Landlady
Before taking any legal action, you can try to negotiate with your landlady. This may involve:
Mediation: You can ask the Nyumba 10 chairman or another neutral party to mediate the situation.
Written agreement: You can try to reach a written agreement with your landlady outlining acceptable behavior and resolving any outstanding issues.
5. Involving the Sub-Chief
The sub-chief is a local authority figure who can help resolve disputes within the community. You can:
Report the harassment: Explain the situation to the sub-chief and provide evidence of the harassment.
Request mediation: Ask the sub-chief to mediate the dispute between you and your landlady.
6. Reporting to the Police
If the harassment continues despite your efforts to resolve it, you can report it to the police.
File a report: Provide the police with a detailed account of the harassment and any evidence you have.
Seek a restraining order: If the harassment is severe, you can apply for a restraining order to prevent your landlady from contacting or approaching you.
7. Seeking Alternative Accommodation
If the situation is too difficult to resolve, you may need to seek alternative accommodation.
Contact a real estate agent: They can help you find a new rental property.
Seek assistance from a shelter: If you are unable to afford alternative accommodation, you can contact a local shelter for assistance.
Conclusion
It is important to remember that you have rights as a tenant, and you should not tolerate harassment or intimidation. By documenting the harassment, seeking legal advice, and exploring all available options, you can protect yourself and ensure a safe and peaceful living environment.
Sources:
Answered by mwakili.com