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How Do I Deal With Undesirable Tenant?
Rank: Elder Joined: 5/30/2009 Posts: 1,390
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@mukiha, what was the term of the tenancy agreement?Ordinarily it should be 1 year. Evict this fellow.In contract, he has already breached the agreement by not paying rent and thus provided good grounds for termination and eviction. What a wicked man I am!The things I want to do,I don't do.The things I don't want to do I find myself doing
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Rank: Elder Joined: 6/27/2008 Posts: 4,114
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kadonye wrote:@mukiha, what was the term of the tenancy agreement?Ordinarily it should be 1 year.
Evict this fellow.In contract, he has already breached the agreement by not paying rent and thus provided good grounds for termination and eviction. It was two years. Isn't this the normal practice? I have always had 2-year contacts even when I am the tenant. I have never seen a one-year tenancy contract in my entire life... and it's a long life! Nothing is real unless it can be named; nothing has value unless it can be sold; money is worthless unless you spend it.
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Rank: Elder Joined: 6/27/2008 Posts: 4,114
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kadonye wrote:@mukiha, what was the term of the tenancy agreement?Ordinarily it should be 1 year.
Evict this fellow.In contract, he has already breached the agreement by not paying rent and thus provided good grounds for termination and eviction. When you say "evict", what do you mean? Do I hire some young men to go and remove his property from the house? What if he claims that he had Sh500k in the house? Another thing I'm worried about: what if I push him too much and he moves out, but not before damaging the house? You see my dilema? Nothing is real unless it can be named; nothing has value unless it can be sold; money is worthless unless you spend it.
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Rank: Elder Joined: 12/9/2009 Posts: 6,592 Location: Nairobi
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mukiha wrote:
It was two years.
Isn't this the normal practice? I have always had 2-year contacts even when I am the tenant. I have never seen a one-year tenancy contract in my entire life... and it's a long life!
Now-a-days they are one year leases and not two. Si your contract says one month notice in writing? Use that as most people would rather vacate than waste money and time going to court against the landlord.
BBI will solve it :)
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Rank: Elder Joined: 11/27/2007 Posts: 3,604
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if the tenant anakusumbua, pay some goons they do their thing and you live happily ever after. African parents don't know how to say sorry.. the closest you will get to a sorry is a 'have you eaten'
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Rank: Veteran Joined: 11/29/2007 Posts: 948
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Sober wrote:if the tenant anakusumbua, pay some goons they do their thing and you live happily ever after. ever after??? what if the guy hires 'njaramba' later on to wipe mukiha's face as they call it 
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Rank: New-farer Joined: 1/19/2011 Posts: 14
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Assuming you have a lease & the notice is one months, i suggest you want to renovate your house at the end of Feb since you took the Jan rent let Feb be the notice period by another letter. Then start renovating your house by first removing the door. Nobody wants to sleep in a house without a door. appear with some chaps whom you start to give instructions on what you want done (false) & the guy should leave instantly if he is wise.
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Rank: Veteran Joined: 5/7/2009 Posts: 1,032 Location: Sea of Transquility
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kadonye wrote:Elder wrote:
Was asking because the only 'Landlord and Tenants Act' I know of does not apply here. That one is Cap 301 - Landlord and Tenant (Shops, Hotels and Catering Establishments) Act. As the full name suggests it is only relevant for tenancy in Shops, Hotels and Catering Establishments and not to residential houses. So I thought maybe you meant another and that is why I asked. Was not meant in a bad way. Just wanted to know.
However the one you have just quoted to the best of my knowledge does not exist too. Cap 302 is Land Control Act.
Could there be another one you might have meant?
That's right @ elder. There's only one Act that deals with residential properties-The Rent Restriction Act. Good to see we've got alert minds in Wazua. Well you are rights, seems like i've got to go back and re-read. I stand corrected. Thanks. “small step for man”
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Rank: Veteran Joined: 12/9/2010 Posts: 894 Location: Nairobi
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also try the area chief, people ignore these channel yet its verdict is legal and binding, and its rulling is admisible in court. Don't wait for the Last Judgment. It happens every day. ~Albert Camus, The Fall, 1956
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Rank: Elder Joined: 7/22/2009 Posts: 7,455
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@Mukiha - I suggest you increase the rent to 100k with 5k penalty for every day delayed after deadline. Give the chap one months notice before 'implementation'. No court will stop you. If he doesn't like the new terms, he should move - and that is what you want any way. The rent tribunal - whatever it is called - covers low end market - used to be 2,000/= and below - so it will not be used against you. You can also organize visits by "auctioneers" every weekend - when he has guests over - to remind him of his unpaid rent bla bla bla. If he has any shame he will leave ASAP! Make sure you report back here. What you did and how it went. Never count on making a good sale. Have the purchase price be so attractive that even a mediocre sale gives good returns.
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Rank: Elder Joined: 9/12/2006 Posts: 1,554
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@Mukiha, i bet this guy knows what he is doing and he knows your options, as has been suggested above talk to him get back his plasma and he might leave in peace.
From his actions he is ready for war and this might uneccessarily cost you, whether you hire goons, go to court or visit every weekend with auctioneers, he is ready thats why he paid to nullfy you notice.
My advise try diplomacy it might work and only cost you his plasma or pass on the house to an estate agent who will take care of the business(but you will lower your margins)
The other alternative is war which might lead to one of you wiping off the face of the other as has been suggested above
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Rank: Member Joined: 11/10/2010 Posts: 281 Location: Nairobi
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Do not use goons or thugs to try and get rid of this guy. Unless you have some connections to the underworld. Once you get into engaging those guys they are difficult to get rid off.
Don't bully him unnecessarily either. meet him and Listen to his grievance solve what you can. Tell him you want closure by vacation and be fair. You are in business for the long term.
I have seen houses go even 6 months unoccupied because word is out that the landlord has issues.
I lived in a hse where the landlord was foolish enough to come and pull out the main lock because we had a dispute over the electricity meter. I called a friend who took photos of the door. went to the chief and he was summoned asked to restore the door to it's previous condition and follow the contract we had signed to evict me. Not only did we part ways in a dignified manner, but he had to give the Chief's office a copy of the cheque he refunded for my deposit.
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Rank: Elder Joined: 6/27/2008 Posts: 4,114
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@madhaquer; I see your point, I am also not keen on using goons. I'd prefer to go about it fairly and legally. You see; I've tried being fair - by giving the guy ample notice which he ignored. And did I mention that he has a habit of refusing to take my calls? Nothing is real unless it can be named; nothing has value unless it can be sold; money is worthless unless you spend it.
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Rank: Veteran Joined: 9/5/2007 Posts: 627
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@mukiha: I have dealt with a similar case before albeit a commercial property. Few things you need to consider:
1. Was the lease registered? If not, the tenant can disown it on the strength that it was not registered and thus constituted a 'gentleman's agreement'. A lease has to be registered within 42 days of the date of signing, otherwise it is not admissible in a court of law.
2. As some people have noted, accepting the January 2011 rent invalidated the notice you had earlier given him.
3. DO NOT disconnect any of his utilities. Were he to go to court, you would be slapped with hefty damages and ordered to reconnect them at your cost.
What is the nature of the disagreement? If it is rent arrears, you can approach the Rent Dispute Tribunal. If it has nothing to do with rent arrears, DO NOT attempt to use auctioneers! They will only serve you if you have a decretal amount, and they will milk you dry!
My suggestion: Write to the guy asking him to meet you to sort out the issue and copy the letter to your lawyer. Have the lawyer arbitrate and have minutes of the meeting signed by both of you. If you do not reach a middle ground, the papers you will have will form a good case in court to evict the guy. The court will give you orders which can be executed with the help of the police!
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Rank: Elder Joined: 6/27/2008 Posts: 4,114
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@Sasha: My dispute with him is that he persistently delays paying the rent - right from the first month. usually for more than a week. And he has caused some damage to the floor tiles in the house. So I decided to "cut my losses" and get rid of him. I'm better off without him. I will try your approach. But first I will do an official inspection of the damage and get an estimate from a builder then send him that bill as well. Regarding the auctioneers... they recovered their charges from the tenant. Nothing is real unless it can be named; nothing has value unless it can be sold; money is worthless unless you spend it.
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Rank: Member Joined: 8/5/2009 Posts: 597
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The best use a learned friend for defaulters they are called demand notes, to direct ua tenant to vacate the premises within some set days else be ready to bear the legal cost. Give another notice of vacation of the house coz the initial one is void as you accepted Jan rent. He will not be willing to go the court way and the fees to ua friend will be minimal. Remember not to accept any plea to allow to stay coz it will be a cat and mouse game next. The problem with the world is that the intelligent people are full of doubts while the stupid ones are full of confidence
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Rank: Member Joined: 8/8/2008 Posts: 201
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If its Possible,as far as it depends on you,live at peace with everyone;Romans 12:18(NIV)
Be very afraid to hire goons or can i say those who do not think twice b4 shedding someone's blood.Its not worth it for rent delay.I know its not really good when one is joking around with your sweat(Investment) but you can vacate the tenant in a better way.Am sick and tired of hearing bad news of young girls being kidnaped,raped or even killed.I believe that most of them a resulting from some witches who are in revange mission.My heart goes for the innocent kids who have to pay for such sins with their lives.
Believe me or not,you dont need to create more enemies than the ones you already have in this life .
If i was in ur shoes,i would give him a notice stating that by the end of March 2011, i will be renovating my hse.During that time,i wld not allow him to read my mind.I wld behave in a very friendly manner that will leave no room to doubt then give him a peaceful send off(Hint.thats how i deal with my Hse helps since i dont know what they are capable of doing while am away or even at night when am asleep).
On ur case the tenant can secrately remove his valuables and set ur hse on fire in the name of accident.Dont trust Him,he is a human being my friend.Thats the other side of the coin.
If he is wise enough,end of much is such a long time to get a nother place,you can also assist him with the such just to get rid of Him since you dont trust him anymore
On the other hand,u cld have given him an audience ,let him tell you the reason for his delays and reschedule ur deadline appropriately upon which u introduce penaltiesi case of any delay.Am saying this coz u never know ur next tenant.I was told about some wired pple who lives in the City without paying rent.The guy gets into ur house with very little items,stays for 3months without paying,when u kick him out,he moves to a new estate and the story continues.
Wish u all the best
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Rank: Administration Joined: 11/19/2009 Posts: 679
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Dear @ngwono,
Trust all is well with you and yours in the journey of life.
Welcome back, you've been missed.
The Wazua spirit
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Rank: Member Joined: 8/8/2008 Posts: 201
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Rank: Elder Joined: 6/17/2008 Posts: 23,365 Location: Nairobi
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Mukiha, If this guy delays rent by almost a week every other time then the interval must be still one month ama? ..."Wewe ni mtu mdogo sana....na mwenye amekuandika pia ni mtu mdogo sana!".
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