Tenant Lease Agreement

Download a tenant lease agreement template here.

The legal framework in a country is meant to cushion all and to protect all citizens. The legal framework is responsible for the smooth operation of industries and sectors in the country and the real estate sector is no exception. Marred by disputes and challenges that occur, the Kenyan constitution has created a series of documents that help avert such disputes from arising. A tenant lease agreement is one of these documents. It is a legally binding contract between a landlord (the property owner) and a tenant (the person or entity renting the property) that gives the tenant legal right to live within the premises of a property for a stipulated time period that will be agreed upon. It clearly outlines the terms and conditions governing the rental of a residential or commercial property and what is expected during the lease period. Here's what you should know about the document:

1. The parties (the tenant and the landlord involved) should be clearly named with credentials too i.e ID no or passport number.

2. The duration of lease period that will be agreed upon should also be clearly stated and also the term specifics should be stated e.g. one year or month to month arrangements.

3. Rent amounts, acceptable payment options and the due dates. Any other information regarding issues eg rent increase or delayed rent should be stated. Also, the specifics of a security deposit should be clearly stated and the conditions of the deposit return incase of damages or unpaid rent.

4. Maintenance procedures when and how maintenance procedures take place and also who should be responsible for maintenance.

5. The general rules and regulations of the premises this will be with regards to having pets, subletting and co-habiting, drugs and substance use especially smoking any other restrictions or conditions should also be included.

6. Procedure of renewal or termination of the contractual agreement the time frames should be factored in this provision. Legal rights of both parties should be kept in hand.

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7. Utilities and services should the property have special utilities, there should be laws set to govern their usage. The landlord should also make the tenant aware of the type of facilities/services within the property e.g water, internet and electricity.

8. Security of the property privacy is paramount and the security measures for the specific property should be clearly outlined.

9. Property condition before any tenant moves in the premises, they should confirm the state of the property and should consent to moving in with the under-lying conditions whether he/she finds them good or bad. This will help eliminate conflict that may rise during the moving out period.

10. Conflict or dispute resolution measures on how to navigate disputes that may arise should be included and clearly stated.

11. Insurance and signatures what should be covered in the insurance should the tenant choose to get insurance should be clearly stated. Both parties should also ensure the signage is well done and documented.

Lease agreements vary with jurisdiction and also property type emphasis on that they should be well understood and willing fully consented. If in doubt, consider consulting a legal professional or seeking advice from a local tenants' association. A well-drafted lease agreement protects the rights and interests of both landlords and tenants, promoting a harmonious landlord-tenant relationship.

You can download the tenant lease agreement document/template from our website.