Rules for Landlords and Property Managers when Evicting a Tenant under Kenya Law

There are various rules when it comes toevicting a tenant. These rules vary from state to state, and even from city to city within a state.There are some general issues, however, that landlords and property managers should be aware of when evicting a tenant, including:
1.Eviction notices for cause
2.Eviction notice without cause
3.Defenses available to tenants
4.How to remove a tenant; and
5.Reasons for the strict eviction rules.

These are important topics for landlords and property managers to be aware of when deciding to evict a tenant, as they will affect the eviction process. And, while it'sbest to research the specific laws in your jurisdiction, having a general understanding of the rules for evicting a tenant can help you better understand the laws.

Eviction Notice for Cause
An eviction notice for cause may come in a variety of forms, but theyall stem from a tenant doing something wrong or againstthe terms of the lease. In general, there are three types of eviction notice for cause.
First, pay rent or quit notices generally are sent when a tenant is delinquent in paying rent. These notices normally give a tenant a short period of time, set by state law, in which to pay rent or else be subjected to a lawsuit for eviction.
Second, cure or quit notices are generally mailed out when a tenant does something wrong or violates a term of the lease agreement.
Like a pay rent or quit notice, these notices generally provide a tenant a short amount of time in which to cure the defect or else face eviction.
Lastly, unconditional quit notices are very hard on the tenant. These eviction notices can generally only be used when a tenant has a pattern of paying late rent, refusal to pay rent, seriously damaged the rental property, or engaged in dangerous or illegal activity on the property.

Eviction Notice Without Cause
Unlike an eviction notice for cause, an eviction notice without cause means that the landlord does not have to have any reason to want a tenant out. Because of this, many statesrequire landlordsto give either 30 or 60 day notice to the tenant before being allowed to begin an eviction suit.

Defenses Available to a Tenant
Tenants facing evictions often become very tenacious in defending their right to stay in the property. Tenants have a multitude of defenses available to them, any one of which may derail your entirecause to evict the tenant. First, tenants often argue that the eviction notice was improper because it either did not contain the necessary information requiredby law, was served (delivered) improperly, or both. Also, tenants often attempt to show a landlord's wrongdoings in order to take the focus away from themselves and gain sympathy from a judge.

Removing the Tenant
If you have won your unlawful detainersuit against your tenant, you may think it will be as easy as going to the property and picking up everything the tenant owns and putting it on the sidewalk -- but it isn't. If the tenant still refuses to leave voluntarily after losing an unlawful detainer lawsuit, you musttake the court order to the local sheriff and pay a fee for the sheriff to carry out the court order. The sheriff will then ensure that the tenant leaves the premises.