How to Draft a Tenancy Agreement in Kenya: Step-by-Step Guide for Landlords and Tenants

How to Draft a Tenancy Agreement in Kenya: Step-by-Step Guide for Landlords and Tenants

A well-drafted tenancy agreement protects both landlords and tenants from future disputes. Whether you’re renting a single room or a commercial property, having the right contract is crucial.

Here’s a simple guide on how to draft a strong, legally binding tenancy agreement in Kenya.

✍️ Step 1: Start with Full Names and Addresses

Clearly list the landlord's and tenant's full names and official addresses. Mistakes here can cause serious legal issues.

🏠 Step 2: Describe the Property

Include:

• Location
• House or apartment number
• Size (number of rooms)
• Amenities included (parking, water access, security)

📅 Step 3: Define the Term of Tenancy

Is it month-to-month or a fixed period like 12 months?
State the start date and (if fixed) the end date.

💵 Step 4: State the Rent and Payment Terms

Clearly outline:

• Monthly rent amount
• Payment due date
• Penalties for late payment
• Accepted payment methods

🛠️ Step 5: List Responsibilities

Who handles:

• Repairs and maintenance?
• Utilities?
• Garbage collection?

State it all here to avoid confusion.

📝 Step 6: Add Special Clauses

Optional clauses could include:

• Deposit requirements
• Rent increment conditions
• Termination notice period (usually 30–60 days)

🛡️ Step 7: Include a Dispute Resolution Clause

Mention if disputes will be handled through mediation, arbitration, or court.

📄 Step 8: Signatures

Both parties must sign — and witnesses too. It’s best to have two witnesses sign each side.

⚖️ Bonus Tip:

Under the Landlord and Tenant (Shops, Hotels and Catering Establishments) Act, rent for controlled premises in Kenya can only be increased by approval from the Business Premises Rent Tribunal.

📲 Need Help Drafting It Instantly?

Sheria AI can help you create a fully formatted, legally sound tenancy agreement in minutes — tailored to Kenyan law.

👉 Visit sheria.org to try it today.