Your landlord won't refund your deposit: what the law says
The Land Act, No. 6 of 2012, Small Claims Court Act · sources read 5 Oct 2026
Your tenancy agreement sets the deposit terms, and you must hand the house back in the condition you got it, apart from normal wear and tear. If the landlord still won't refund, you can claim at the Rent Restriction Tribunal (homes at KSh 2,500 a month or less) or the Small Claims Court, which hears claims of up to KSh 1 million.
- Deadline
- The Small Claims Court must decide a claim within 60 days of filing.
- Where
- Rent Restriction Tribunal, Crescent House, Moktar Daddah Street, Nairobi (homes at KSh 2,500 a month or less); Small Claims Court for claims up to KSh 1 million
Steps
- Homes at KSh 2,500 a month or less: the Rent Restriction Tribunal handles refund of deposits.
- Any tenant: the Small Claims Court hears civil claims on contracts, including money held and received, up to KSh 1 million.
Watch out
- The landlord can't hold you responsible for normal wear and tear, or for damage from fire, flood or other accidents that weren't your fault, civil commotion or natural disasters.
- You must keep the house in reasonable repair while you live there; damage beyond that can be a fair reason for deductions.
Who this covers
- Rent Restriction Tribunal: tenants of homes with a standard rent of KSh 2,500 a month or less.
- Small Claims Court: claims of up to KSh 1 million.
Official sources (3)
- Land Act (Cap. 280, No. 6 of 2012), version of 4 November 2025 new.kenyalaw.org · read 5 Oct 2026
- Small Claims Court Act (No. 2 of 2016) new.kenyalaw.org · read 3 Oct 2026
- Judiciary Tribunals (Rent Restriction Tribunal page) tribunals.judiciary.go.ke · read 3 Oct 2026