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When can a landlord evict a tenant under the Rent Restriction Act?

Rent Restriction Act · sources read 5 Oct 2026

For homes under the Rent Restriction Act (standard rent of KSh 2,500 a month or less), a landlord can't get possession or evict you without a Tribunal order on a ground the Act lists, such as unpaid rent or a broken term, nuisance or illegal use, subletting without written consent, needing the house for their own family (12 months' notice) or rebuilding (6 months' written notice). For most grounds the Tribunal must also find eviction reasonable, and any notice to quit must be written and at least one month.

Deadline
Appeal against a Tribunal order within 30 days.
Where
Rent Restriction Tribunal (Judiciary tribunals); appeals to the Environment and Land Court.
Go to the official site

Steps

  1. Disputes over a rented home under this Act go to the Rent Restriction Tribunal (business premises go to the BPRT).
  2. If a landlord tries to evict you, the Tribunal can order possession only on one of the grounds in section 14.
  3. If you disagree with the Tribunal's decision, you can appeal to the Environment and Land Court within 30 days.

Watch out

  • For grounds like unpaid rent, nuisance or subletting, proving the ground is not enough: the Tribunal must also think eviction is reasonable.
  • A notice to quit must be in writing and at least one month ending at the end of a tenancy month, but the Tribunal won't throw it out over small technicalities.
  • Other eviction ground: The tenant gave notice to quit and, relying on it, the landlord agreed to sell or let the house to someone else.
  • Other eviction ground: The tenant sublet all or part of the house for more rent than the Act allows.
  • Other eviction ground: The house is reasonably needed by a local authority or public body for its legal duties, or for a public-interest purpose. If it is let again after the work, the evicted tenant gets first option.
  • Other eviction ground: The landlord used to live in the house, reasonably needs it back as a home for himself, his wife or minor children, and gave the notice in the lease or, without a lease, 3 months' notice to quit.
  • Other eviction ground: The tenant or their spouse owns another house that is outside this Act, and the landlord gave 12 months' notice to quit plus an option (to be taken up within 6 months) of a 3-year tenancy at a rent the Tribunal sets if you can't agree.
  • Other eviction ground: The landlord let the house for a fixed period with the Tribunal's consent and needs it back at the end for himself, his wife or minor children, or a full-time employee.
  • Other eviction ground: The house is overcrowded, or is for any reason a danger to the building or the neighbours.
  • Other eviction ground: A former tenant who was unlawfully thrown out applies to get the house back. You are then made a party, and if you must leave the Tribunal can order the landlord to compensate you.

Who this covers

  • Tenants of homes with a standard rent of KSh 2,500 a month or less. Homes above that are outside this Act.
Official sources (2)
  1. Rent Restriction Act (Cap. 296), version of 31 December 2022 new.kenyalaw.org · read 5 Oct 2026
  2. Tribunals: Frequently Asked Questions tribunals.judiciary.go.ke · read 3 Oct 2026

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