Tenancy Agreement Kenya: 15-Clause Checklist

Updated 27 October 2026

Most landlord and tenant fights in Kenya, over deposits, repairs, rent increases and notice, come down to one thing: a vague or missing tenancy agreement. Kenya law lets both sides agree most terms, so the paper matters. A clear written agreement protects both sides and makes any dispute far easier to settle. This checklist covers the clauses a residential tenancy agreement in Kenya should include, the documents to collect, and the mistakes to avoid, whether you own a few units or are about to rent your first flat.

Updated October 2026.

Sources: Rent Restriction Act (Cap. 296), Distress for Rent Act (Cap. 293), Stamp Duty Act (Cap. 480) and KRA guidance on rental income. Checked on 27 October 2026. General information, not legal advice.

Why put it in writing

For most residential tenancies in Kenya (those above the KSh 2,500 a month standard rent covered by the Rent Restriction Act), the agreement itself is the main source of each side’s rights. If it is silent, disputes end up being decided on what each side remembers. A written agreement signed by both, with a copy each, avoids that.

The 15-point tenancy agreement checklist

The basics

1. The parties: full names, ID or passport numbers, phone numbers and postal or email addresses of the landlord (or agent) and every adult tenant.
2. The premises: house or unit number, building name, plot or LR number and what is included (parking bay, store, furniture list for furnished units).
3. The term: start date and whether the tenancy is fixed (for example 12 months) or periodic (month to month).

Money

4. Rent: the amount, due date, how to pay (bank or paybill with the account reference) and any grace period.
5. Deposit: the amount, what it may be used for (unpaid rent, unpaid bills, damage beyond fair wear and tear), and how soon it is refunded after the tenant leaves.
6. Utility deposits and bills: who pays water, electricity, garbage collection and service charge, and whose name the meters are in.
7. Rent increases: when rent can be reviewed (for example once a year) and how much notice of an increase the landlord must give.
8. Late payment: any penalty, stated as a fixed figure, so there is no argument later.

Living in the property

9. Repairs: which repairs are the landlord’s job (structure, roof, plumbing, wiring) and which are the tenant’s (minor items, damage they cause), and how to report them.
10. Access: how much notice the landlord gives before inspections or repairs, except in emergencies.
11. Use and occupants: residential use only, the maximum number of occupants, and whether subletting or short-stay letting is allowed. Short-stay letting needs a TRA licence: see the TRA licence rules for Airbnb hosts.
12. House rules: pets, noise, parking, alterations and painting.

Ending the tenancy

13. Notice: how much written notice each side must give, commonly one month for a monthly tenancy, and how it is delivered.
14. Move-out condition: a requirement to return the unit in the same condition as at move-in, fair wear and tear excepted, with a joint inspection.
15. Disputes: a step-by-step process: talk first, then written complaint, then mediation, then the tribunal or court.

Documents to collect at move-in

• Signed agreement, one original each.
• Copies of IDs for landlord and tenant.
• Receipt for the deposit and first month’s rent.
• An inventory and condition report with dated photos of every room, signed by both.
• Meter readings for water and electricity on the day of move-in.

Stamp duty on leases

Leases and tenancy agreements are instruments chargeable to stamp duty under the Stamp Duty Act. In practice, longer formal leases are stamped and registered, while short residential tenancies often are not. An unstamped instrument may not be admissible in evidence until stamped, so if you are entering a long lease, ask your advocate to handle stamping.

Five common mistakes

1. Paying cash with no receipt. Always pay through bank or paybill.
2. No move-in photos. Without them, deposit disputes are your word against theirs.
3. Unwritten promises. “We will fix the kitchen next month” means nothing unless it is in the agreement.
4. Ignoring the notice clause. Leaving without proper notice can cost the deposit.
5. Self-help by landlords. Lockouts and removing doors are unlawful; see can a landlord evict you in Kenya.

For landlords: tax

Rental income is taxable. KRA allows residential landlords within the qualifying income band to file and pay monthly rental income tax on iTax. See how to file rental income tax on iTax and use our tax calculators.

Tenancy agreement Kenya: frequently asked questions

Is a verbal tenancy agreement valid in Kenya?

A verbal monthly tenancy can exist, but it is much harder to prove its terms. A written agreement is strongly recommended.

How much deposit can a landlord ask for?

There is no single legal cap for most residential tenancies; it is agreed in the tenancy agreement. One month’s rent is common.

Can a landlord keep my deposit?

Only for lawful deductions set out in the agreement, such as unpaid rent, unpaid bills or damage beyond fair wear and tear.

Does a tenancy agreement need stamp duty?

Tenancy agreements and leases are chargeable instruments under the Stamp Duty Act. Ask an advocate for long leases.