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How Do I Deal With Undesirable Tenant?
Sure
#41 Posted : Monday, February 07, 2011 3:01:22 PM
Rank: Member


Joined: 9/9/2010
Posts: 546
Location: Garissa
Mukiha, increase the rent to 50 thousand plus 3 thousand for security. Another option is to ask him to move for a month as you renovate the house but before the month is over, rent it out or organize for two mountain size fellows to stay there for two months as you look for a proper tenant. The other option is to engage the services of a commercial house management and rent collectors where he pays at their offices. They know how to handle the likes.
Wisdom to detect when share prices hit rock bottom.
When interest on bonds keep going up, you know the bear run is on high street. When interest on bonds start leveling, the bear has met the bull and they have hit rock bottom. When the interest rates on bonds start coming down, the bull has overpowered the bear and you better be riding the bull.
Wendz
#42 Posted : Monday, February 07, 2011 3:06:33 PM
Rank: Elder


Joined: 6/19/2008
Posts: 4,268
McReggae wrote:
Mukiha,
If this guy delays rent by almost a week every other time then the interval must be still one month ama?


I was going to suggest he changes the dates he collects rent... may be the guy is not paid like majority of other people. May be its a genuine case. Or let him choose the date that is convenient with him then make payments on that date each month... even if its on 13th or 17th of each month.
mozenrat
#43 Posted : Monday, February 07, 2011 5:13:03 PM
Rank: Veteran


Joined: 5/18/2008
Posts: 796
Mukiha.. I agree with Sure above.. engage the service of rental management service agencies (but only for a short time - hata hao si wazuri). They surely know how to handle "difficult" tenants..
mukiha
#44 Posted : Tuesday, February 08, 2011 7:30:30 PM
Rank: Elder


Joined: 6/27/2008
Posts: 4,114
Wendz wrote:
McReggae wrote:
Mukiha,
If this guy delays rent by almost a week every other time then the interval must be still one month ama?


I was going to suggest he changes the dates he collects rent... may be the guy is not paid like majority of other people. May be its a genuine case. Or let him choose the date that is convenient with him then make payments on that date each month... even if its on 13th or 17th of each month.

The guy had requested to be paying on the 8th, so I wrote the 10th on the contract, he still delays to almost the end of the month!
Nothing is real unless it can be named; nothing has value unless it can be sold; money is worthless unless you spend it.
qw25041985
#45 Posted : Tuesday, February 08, 2011 7:36:20 PM
Rank: User


Joined: 5/9/2010
Posts: 1,418
Location: Nai
How Do I Deal With Undesirable Tenant? Kick him/her out . @ mukiha . there's a shortage of houses due to the large and growin urban pop and u want to sooth this tenant ?????
Laughing out loudly . i dnt get ur reasoning.
Your future depends on your dreams so go to sleep !
mukiha
#46 Posted : Thursday, February 10, 2011 9:17:41 AM
Rank: Elder


Joined: 6/27/2008
Posts: 4,114
qw25041985 wrote:
How Do I Deal With Undesirable Tenant? Kick him/her out . @ mukiha . there's a shortage of houses due to the large and growin urban pop and u want to sooth this tenant ?????
Laughing out loudly . i dnt get ur reasoning.

@qw25041985: when you say "kick him out", what do you mean? I have given the guy notice and he chose to ignore it and stayed put in the house.

Now tell me: how do I "kick him out"?
Nothing is real unless it can be named; nothing has value unless it can be sold; money is worthless unless you spend it.
alma
#47 Posted : Thursday, February 10, 2011 10:15:17 AM
Rank: Elder


Joined: 7/20/2007
Posts: 4,432
@mukiha in your exact same position. This is a great post and that kicking out bit is the one that i want to know too. Not interested in hiring goons.

This demand letter thing. So you say the rent is due on 5th. If it is late, you write a demand letter for the due date. Then what? What are your options then? Do you need a lawyer for these and who pays the fees?
Jose: If I make it through this thug life, I'll see you one day. The Lord is the only way to stop the hurt.
mkonomtupu
#48 Posted : Thursday, February 10, 2011 11:30:12 AM
Rank: Veteran


Joined: 2/10/2010
Posts: 1,001
Location: River Road
@Mukiha, used to have a client with a similar situation he had some houses at mucatha. I advised him the lawful way is to distress for rent, you send a letter to the auctioneer who then pins a proclamation on the tenants to collect the goods, if the tenant does not pay then the auctioneer collects the goods for auction. He just told me i don't know biashara. He went and got a carpenter and then went to the premises and removed the door. When the tenant came back home he found the door gone and a note to pick his things before the landlord let loose his dogs for the night. The tenant took off and next day the landlord had a new tenant and new conditions. Two months rent deposit you don't pay you stay for one month and the next month the door is removed and your deposit is used to repair the same.
Chaka
#49 Posted : Thursday, February 10, 2011 12:28:47 PM
Rank: Elder


Joined: 2/16/2007
Posts: 2,114
@Sasha,
How does one go about registering a lease?
gathinga
#50 Posted : Thursday, February 10, 2011 1:42:22 PM
Rank: Veteran


Joined: 11/30/2006
Posts: 635
Jamani wrote:
@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


hopefully the said tenant is not a guest at wazua
MaichBlack
#51 Posted : Thursday, February 10, 2011 2:07:59 PM
Rank: Elder


Joined: 7/22/2009
Posts: 7,455
alma wrote:
@mukiha in your exact same position. This is a great post and that kicking out bit is the one that i want to know too. Not interested in hiring goons.

This demand letter thing. So you say the rent is due on 5th. If it is late, you write a demand letter for the due date. Then what? What are your options then? Do you need a lawyer for these and who pays the fees?

@mukiha and @alma - You guys don't know how to draft landlord - Tenant agreements. Okay, maybe you know, but there is one simple but important bit you are omitting. Put in a late payment clause. If the tenant delays by even a day, a penalty of 10% or 2k per day [Vary depending on the rent] whichever is higher! And enforce even if he pays on 6th instead of 5th. No negotiations! Trust me, the fellow will never be late with rent.
Never count on making a good sale. Have the purchase price be so attractive that even a mediocre sale gives good returns.
youcan'tstopusnow
#52 Posted : Thursday, February 10, 2011 3:09:50 PM
Rank: Chief


Joined: 3/24/2010
Posts: 6,779
Location: Black Africa
mkonomtupu wrote:
He went and got a carpenter and then went to the premises and removed the door. When the tenant came back home he found the door gone and a note to pick his things before the landlord let loose his dogs for the night. The tenant took off and next day the landlord had a new tenant and new conditions. Two months rent deposit you don't pay you stay for one month and the next month the door is removed and your deposit is used to repair the same.

Waah! Huyo jamaa ni mnoma!
GOD BLESS YOUR LIFE
mukiha
#53 Posted : Thursday, February 10, 2011 6:20:35 PM
Rank: Elder


Joined: 6/27/2008
Posts: 4,114
MaichBlack wrote:
alma wrote:
@mukiha in your exact same position. This is a great post and that kicking out bit is the one that i want to know too. Not interested in hiring goons.

This demand letter thing. So you say the rent is due on 5th. If it is late, you write a demand letter for the due date. Then what? What are your options then? Do you need a lawyer for these and who pays the fees?

@mukiha and @alma - You guys don't know how to draft landlord - Tenant agreements. Okay, maybe you know, but there is one simple but important bit you are omitting. Put in a late payment clause. If the tenant delays by even a day, a penalty of 10% or 2k per day [Vary depending on the rent] whichever is higher! And enforce even if he pays on 6th instead of 5th. No negotiations! Trust me, the fellow will never be late with rent.

@MaichBlack: I have been collecting the penalty (10%) right from the first month. I just got tired of this guy and I want him out.
Nothing is real unless it can be named; nothing has value unless it can be sold; money is worthless unless you spend it.
Mwananichi
#54 Posted : Thursday, February 10, 2011 11:23:30 PM
Rank: New-farer


Joined: 9/14/2010
Posts: 7
Engage property agents, who after deducting their commission, you will be left with your 32k rent income. After a 1 month notice for rent increment(to factor in the property agent's fee) Akihama ndio utawachana na agents. They can handle such stressful tenants.
Wa_ithaka
#55 Posted : Thursday, February 10, 2011 11:56:09 PM
Rank: Veteran


Joined: 1/7/2010
Posts: 1,279
Location: nbi
Threaten him with castration
The Governor of Nyeri - 2017
MaichBlack
#56 Posted : Friday, February 11, 2011 11:20:57 AM
Rank: Elder


Joined: 7/22/2009
Posts: 7,455
mukiha wrote:

@MaichBlack: I have been collecting the penalty (10%) right from the first month. I just got tired of this guy and I want him out.

@mukiha - I didn't mean a flat 10%. Ati the guy pays on the 25th - 20 days late - and you penalize him 10% same as if he would have paid on the 6th! No! In such a case, if he's late by a day he'll just decide to delay mpaka twenty something - It is 'just' 10% penalty either way!

This is how it works - 10% or 2k per day whichever is greater. Let's assume the rent is 35k. If he pays on the 6th - 3.5k on top, 7th - 4k [which is higher than 3.5k] on top, 8th - 6k on top,... 25th - 40k on top!!! Or you can simplify and have a penalty of 2k for everyday delayed!

Who do you think will take this rent payment maneno more seriously than the other one in such an arrangement? And this is already happening elsewhere as we speak. It is not a theoretical solution. If 5th is on a Sunday, and Friday is a holiday the fellow pays on Thursday 2nd and hands the deposit slip to you ASAP - bila kuambiwa na yeyote! Hapana mchezo.
Never count on making a good sale. Have the purchase price be so attractive that even a mediocre sale gives good returns.
Sasha
#57 Posted : Friday, February 11, 2011 11:30:41 AM
Rank: Veteran


Joined: 9/5/2007
Posts: 627
@Chaka: You need to present the signed lease at the Lands ministry within 42 days of the date of the lease. It needs to be a properly signed lease i.e. there must be a witness, signed by a registered advocate and all details of plot numbers must accurate for it to be valid!
Querry
#58 Posted : Thursday, July 07, 2011 4:43:55 PM
Rank: Member


Joined: 1/22/2011
Posts: 193
Location: nairobi
Did the tenant hama?
Xymalos
#59 Posted : Tuesday, March 29, 2016 1:10:15 PM
Rank: New-farer


Joined: 2/14/2015
Posts: 97
Location: Kenya
mkonomtupu wrote:
@Mukiha, used to have a client with a similar situation he had some houses at mucatha. I advised him the lawful way is to distress for rent, you send a letter to the auctioneer who then pins a proclamation on the tenants to collect the goods, if the tenant does not pay then the auctioneer collects the goods for auction. He just told me i don't know biashara. He went and got a carpenter and then went to the premises and removed the door. When the tenant came back home he found the door gone and a note to pick his things before the landlord let loose his dogs for the night. The tenant took off and next day the landlord had a new tenant and new conditions. Two months rent deposit you don't pay you stay for one month and the next month the door is removed and your deposit is used to repair the same.


I gave a tenant one month notice to vacate and the tenant will not vacate or pay rent following expiry of the the notice. If I file a Plaint/motion to evict, how long will the Court take to give me orders to evict? can I file under Certificate of urgency to expedite the process? is hiring an auctioneer to levy distress for rent and evict at the same time legal way to proceed? I just want to get the lunatic out of my house! Anybody who has legally evicted a tenant, please advice how you did it.
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