Can your landlord take your goods for unpaid rent?
Distress for Rent Act · sources read 5 Oct 2026
Yes. A landlord owed rent can seize (distrain) a tenant's goods, but not between sunset and sunrise or on a Sunday. You then have 14 days from the seizure and the notice left at the premises to pay the rent and costs, or replevy the goods, before they can be sold.
- Deadline
- 14 days after the distress and notice to pay or replevy before the goods can be sold.
- Deadline
- A landlord must distrain within 6 months after the lease ends.
- Deadline
- 7 days after the distraint to ask in writing for a public auction or a valuation.
- Deadline
- The 14 days to replevy can be extended to no more than 15 days if you ask the landlord in writing and give security for the extra cost.
- Where
- The landlord or the licensed auctioneer carrying out the distress; disputes over an unlawful distress go to court
Steps
- Within 14 days of the seizure and notice, pay the rent plus the costs of the distress, or replevy the goods by giving security to the licensed auctioneer. After that the goods can be sold.
- Within 7 days of the distraint you can ask in writing for the goods to be moved to a public auction room (or another proper place you name) and sold by public auction by a licensed auctioneer. You pay the removal costs.
- Or, within the same 7 days, ask in writing for the goods to be valued by an approved valuer. You pay the valuation costs.
- Point out goods the law says cannot be taken, such as things in actual use at the time, perishables, and your clothing, bedding and tools of trade (up to the value set in the Act).
- If the distress was carried out irregularly or unlawfully, you can file a suit in court to recover the special damage you suffered.
Watch out
- No distress between sunset and sunrise, or on any Sunday.
- The Act's protection for clothing, bedding and tools of trade is capped at a total value of KSh 100, an old figure the Act has not updated.
- An irregular act during distress does not make the whole distress unlawful; you recover the special damage, not the whole rent.
- Ask the auctioneer for a signed copy of all charges and costs of the distress: refusing is an offence.
Who this covers
- Tenants who owe rent under a lease, tenancy or other rent contract.
- Former tenants too: the landlord can still distrain for arrears within 6 months after the lease ends, while the tenant is still in possession.
Official sources (1)
- Distress for Rent Act (Cap. 293), version of 31 December 2022 new.kenyalaw.org · read 5 Oct 2026