This Residential Lease Agreement (the “Agreement”) is made and entered into on this __ day of ________________, 20__, by and between:
LANDLORD: Name: [Landlord’s Full Legal Name] Address: [Landlord’s Current Residential Address or Registered Office Address] Contact Number: [Landlord’s Phone Number] Email Address: [Landlord’s Email Address] (Hereinafter referred to as “the Landlord”)
AND
TENANT(S): Name: [Tenant 1’s Full Legal Name] ID/Passport No.: [Tenant 1’s ID/Passport Number] Contact Number: [Tenant 1’s Phone Number] Email Address: [Tenant 1’s Email Address]
Name: [Tenant 2’s Full Legal Name (if applicable)] ID/Passport No.: [Tenant 2’s ID/Passport Number (if applicable)] Contact Number: [Tenant 2’s Phone Number (if applicable)] Email Address: [Tenant 2’s Email Address (if applicable)] (Hereinafter collectively referred to as “the Tenant”)
PROPERTY DESCRIPTION: The Landlord hereby agrees to lease to the Tenant, and the Tenant agrees to lease from the Landlord, the residential property located at: [Full Property Address, e.g., House No., Street Name, Estate Name, Ruiru, Kiambu County, Kenya] (Hereinafter referred to as the “Premises”).
The Premises include the following fixtures and fittings: [List all fixtures, fittings, and major appliances included, e.g., built-in wardrobes, kitchen cabinets, stove, water heater, curtains, etc. Be specific.]
1. LEASE TERM
This Agreement shall commence on the __ day of ________________, 20__ (the “Commencement Date”) and shall continue for a fixed term of ____ [months/years] (the “Term”), expiring on the __ day of ________________, 20__.
Upon expiry of the Term, this Agreement may be renewed upon mutual written agreement of both parties, under terms and conditions to be renegotiated.
2. RENT
2.1. The monthly rent payable by the Tenant to the Landlord for the Premises shall be KES ___________ (Kenya Shillings [________________________] only).
2.2. The rent shall be due and payable in advance on the ____ day of each calendar month, commencing from the Commencement Date.
2.3. Payments shall be made via [Specify Payment Method: e.g., M-Pesa Paybill Number: XXXXXX, Bank Transfer to Account Name: [Account Name], Account Number: [Account Number], Bank: [Bank Name], Branch: [Branch Name], or other agreed method].
2.4. Late Payment: If the rent is not received by the Landlord within __ (e.g., 5) days of the due date, the Tenant shall pay a late fee of KES ___________ per day/month. Continued failure to pay rent may result in eviction proceedings as per Kenyan law.
3. SECURITY DEPOSIT
3.1. The Tenant shall pay a security deposit of KES ___________ (Kenya Shillings [________________________] only) to the Landlord on or before the Commencement Date. This deposit shall be held by the Landlord as security for the Tenant’s performance of the terms and conditions of this Agreement, including but not limited to, damages to the Premises, unpaid rent, or unpaid utilities.
3.2. The security deposit shall be refunded to the Tenant within __ (e.g., 30) days after the termination of this Agreement and vacation of the Premises, less any deductions for damages beyond normal wear and tear, unpaid rent, or other legitimate charges as outlined herein. An itemized statement of any deductions will be provided to the Tenant.
4. UTILITIES AND SERVICES
4.1. The Tenant shall be responsible for the payment of the following utilities and services: [Tick or list applicable: Water, Electricity, Internet, Garbage Collection, Gas, Service Charge (if applicable and payable by tenant directly), etc.]
4.2. The Landlord shall be responsible for the payment of the following utilities and services: [Tick or list applicable: e.g., Property Rates, Ground Rent, any communal service charges not covered by tenant, etc.]
5. MAINTENANCE AND REPAIRS
5.1. Tenant’s Responsibilities: The Tenant shall, at their own expense, maintain the interior of the Premises in a clean, tidy, and habitable condition. This includes minor repairs such as replacing light bulbs, maintaining cleanliness of fixtures, and promptly reporting any issues or damage to the Landlord. The Tenant shall be responsible for any damage caused by their negligence, misuse, or that of their guests.
5.2. Landlord’s Responsibilities: The Landlord shall be responsible for major structural repairs, plumbing, electrical systems, and ensuring the Premises remain fit for habitation. The Landlord shall also be responsible for maintaining the exterior common areas (if applicable) and ensuring the provision of agreed-upon utilities. The Landlord shall respond to reported maintenance issues within a reasonable timeframe.
6. USE OF PROPERTY
6.1. The Premises shall be used solely for residential purposes by the Tenant and their immediate family members as listed below: [List names of all occupants, including children]
6.2. The Tenant shall not use the Premises for any illegal, immoral, or unlawful purposes. 6.3. The Tenant shall not cause or permit any nuisance or annoyance to neighbours or other residents.
7. ALTERATIONS
7.1. The Tenant shall not make any alterations, additions, or improvements to the Premises without the prior written consent of the Landlord. Any approved alterations shall become the property of the Landlord upon termination of this Agreement, unless otherwise agreed in writing.
8. ENTRY BY LANDLORD
8.1. The Landlord or their authorized agent may enter the Premises upon giving reasonable notice (usually 24 hours) to the Tenant for the purpose of inspection, repairs, or showing the Premises to prospective tenants or purchasers. In case of an emergency, the Landlord may enter the Premises without prior notice.
9. SUBLETTING AND ASSIGNMENT
9.1. The Tenant shall not sublet, assign, or transfer any part of the Premises or their rights under this Agreement to any third party without the prior written consent of the Landlord.
10. DEFAULT
10.1. Any of the following shall constitute a default by the Tenant: a. Failure to pay rent on the due date. b. Breach of any other term or condition of this Agreement. c. Engaging in any illegal or unlawful activity on the Premises. d. Abandonment of the Premises.
10.2. In the event of default, the Landlord shall have the right to terminate this Agreement and seek remedies available under Kenyan law, including but not limited to, eviction and recovery of unpaid rent and damages.
11. TERMINATION
11.1. This Agreement may be terminated: a. By either party giving __ (e.g., one/two) month’s written notice to the other party prior to the expiry of the fixed term, or as otherwise stipulated by Kenyan law for residential tenancies. b. Immediately by the Landlord in the event of a material breach of this Agreement by the Tenant, as outlined in Clause 10. c. By mutual written agreement of both parties.
11.2. Upon termination of this Agreement, the Tenant shall vacate the Premises, remove all their personal belongings, and leave the Premises in a clean and good condition, reasonable wear and tear excepted.
12. GOVERNING LAW
12.1. This Agreement shall be governed by and construed in accordance with the laws of Kenya.
13. ENTIRE AGREEMENT
13.1. This Agreement constitutes the entire agreement between the Landlord and the Tenant and supersedes all prior agreements, understandings, negotiations, and discussions, whether oral or written.
14. AMENDMENTS
14.1. Any amendments or modifications to this Agreement must be made in writing and signed by both the Landlord and the Tenant.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first above written.
LANDLORD:
_____________________________________________________________ [Landlord’s Full Legal Name] Signature
TENANT(S):
_____________________________________________________________ [Tenant 1’s Full Legal Name] Signature
_____________________________________________________________ [Tenant 2’s Full Legal Name (if applicable)] Signature
WITNESSES (Optional but Recommended):
- Name: ___________________________________________ ID/Passport No.: ____________________________________ Signature: ___________________________________________
- Name: ___________________________________________ ID/Passport No.: ____________________________________ Signature: ___________________________________________
