Best Landlord & Tenant Lawyers in Mombasa

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Adroit Law LLP

Adroit Law LLP

15 minutes Free Consultation
Mombasa, Kenya

Founded in 2021
7 people in their team
English
Business Law & Regulatory Compliance Experts in Kenya | Adroit Law LLPYour Strategic Legal Partner for Business Growth in Kenya and East AfricaAdroit Law LLP is a Nairobi and Mombasa-based boutique law firm trusted by corporate pioneers, fast-growing enterprises, and high-net-worth individuals...

Legal guides written by Adroit Law LLP:

  • Kenya Launches Digital Nomad Visa: A Gateway for Remote Workers
  • Navigating the Payment System License Maze in Kenya
  • The Law of Succession in Kenya: Testate and Intestate Succession

Founded in 2018
15 people in their team
English
JMK Partners Advocates LLP - Your Trusted Legal PartnerAbout Us JMK Partners Advocates LLP is a well-established, new-generation, medium-sized law firm founded in 2018. Our mission is to provide creative legal solutions in real-time. Since our inception, we have grown to become a leading...

Founded in 2006
18 people in their team
Swahili
English
Sherman Nyongesa & Mutubia Advocates is situated at Mombasa Trade Centre (formerly known as Ambalal House) Phase I, 5th Floor Nkrumah Road, Mombasa, Kenya.It was formed in 2006 as a result of a merger between two firms; Sherman Nyongesa & Co. Advocates and Godfrey Mutubia & Co....

Founded in 2015
6 people in their team
English
We are a boutique law firm offering custom made legal services to our clients. We offer general legal consultancy and in particular deal with immigration, real estate, personal injury claims, insurance matters, estate planning and family law matters especially adoption. we have a team of highly...
Mulwa Nduya And Co.
Mombasa, Kenya

Founded in 2000
50 people in their team
Swahili
English
About Mulwa AdvocatesMulwa Nduya & Co. Advocates is a Kenya Law firm founded in the Mombasa County in the year 2000 by Justus Mulwa Nduya Advocate. The firm continues to grow to achieve it vision and mission. We provide legal and business solutions to our clients in Kenya. We have engaged high...

Founded in 2016
50 people in their team
Swahili
English
About UsMaggie Nguyo-Kariuki started this Nguyo Kariuki Advocates in 2016 after having been admitted to the Bar in 2005.Whereas we do have the ‘brick and motar’ office located at Kengeleni Business Park in Mombasa, we are pretty much a virtual law firm. We handle clients needs from every part...
MMS ADVOCATES
Mombasa, Kenya

Founded in 2014
10 people in their team
Swahili
English
About UsWe are a creative, competitive law firm, focusing on delivering reliable legal advisory and representation services to our clients, efficiently. We tailor make our services to the specific requirements and needs of our clients with the aim of providing legal services in the form of support...

Founded in 2004
50 people in their team
Swahili
English
Our ServicesAmeli Inyangu and Partners specializes in provision of services to individuals and corporates in all aspects of commercial law. We are a medium sized firm with whom clients can deal on terms of familiarity and trust. Our lawyers have experience in commercial law and have...

Founded in 2008
50 people in their team
Swahili
English
About UsDaniel Orenge & Co Advocates is a Nairobi Law firm practicing from modern offices located in the Central Business District at the heart of Nairobi City.The firm, established by Daniel Orenge has seen growth over the years expanding to a general practice in 2008 comprising...

Founded in 1952
50 people in their team
English
A.B. Patel & Patel’s wealth of experience and tradition of excellence dates back to 1922 when the late Mr. Ambalal Patel, a Barrister from India came to and settled in Mombasa and was enrolled to the Kenyan Bar. Later that same year, his son, the late Mr. Chimanlal A. Patel, was also enrolled...
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About Landlord & Tenant Law in Mombasa, Kenya

Landlord and tenant relations in Mombasa, as in the rest of Kenya, are primarily governed by the Rent Restriction Act and the Landlord and Tenant (Shops, Hotels and Catering Establishments) Act. These laws aim to balance the rights and responsibilities of landlords and tenants, ensuring fair tenancy agreements and providing mechanisms for resolving disputes. The high demand for rental properties in Mombasa, due to its status as a commercial and tourism hub, makes it crucial for landlords and tenants to understand their legal rights and obligations to avoid conflicts.

Why You May Need a Lawyer

There are several common situations where seeking legal assistance may be necessary in landlord and tenant matters:

  • Disputes Over Rent: Cases involving disagreement over the amount or payment of rent.
  • Eviction Notices: Legal advice is often needed to understand the validity and procedure for eviction notices.
  • Negotiating Lease Terms: A lawyer can help negotiate and draft a lease that protects your interests.
  • Property Damage and Maintenance Issues: Disputes over responsibilities for repairs can often require legal intervention.
  • Unlawful Evictions: Protection against illegal evictions which do not follow the due legal process.
  • Security Deposits: Issues regarding the handling and return of security deposits.

Local Laws Overview

The key aspects of local laws relevant to landlord and tenant relationships in Mombasa include:

  • Rent Restriction Act: This applies to residential premises with rent not exceeding KES 2,500. It protects tenants from excessive rent and arbitrary eviction.
  • Landlord and Tenant Act (Shops, Hotels and Catering Establishments): Regulates commercial leases, ensuring fair treatment of tenants operating businesses.
  • Eviction Process: Must follow a court process if not for reasons like failure to pay rent. Illegal evictions are highly discouraged and penalized.
  • Lease Agreements: Should be written and clearly outline terms of tenancy, including rent amount, duration, and maintenance obligations.

Frequently Asked Questions

What are the necessary steps for legally evicting a tenant?

To legally evict a tenant, a landlord must issue a notice to vacate and, if the tenant does not comply, seek a court order. The process must respect the tenant's rights to avoid unlawful eviction claims.

Can a landlord increase the rent arbitrarily in Mombasa?

No, rent increases must follow the terms outlined in the lease agreement or, where applicable, conform to guidelines set by rent control statutes, ensuring fairness and transparency.

Is a lease agreement mandatory for renting a property?

While not legally mandatory, having a written lease agreement is highly recommended as it clearly defines the rights and responsibilities of both parties, reducing the potential for disputes.

What should I do if I face unlawful eviction?

If facing unlawful eviction, tenants should seek immediate legal assistance to understand rights and options, including seeking redress from the courts.

Who is responsible for repairs in a rental property?

Typically, landlords are responsible for structural repairs, while tenants handle minor maintenance unless otherwise specified in the lease agreement.

How can I protect my security deposit?

Document the condition of the property at move-in and move-out, and understand your lease terms regarding deposits. This documentation can be crucial if disputes arise.

Can I sublet my apartment?

Subletting typically requires consent from your landlord, often outlined within the lease agreement's terms.

How much notice must be given to end a tenancy?

The notice period often depends on the lease agreement's specifics but generally ranges from one to three months.

What should you do if a landlord fails to make necessary repairs?

Tenants should formally request repairs in writing and document their requests. If unaddressed, they may seek legal advice to explore options further.

Are oral lease agreements enforceable in Mombasa?

Oral agreements can be legally binding but are harder to enforce without written evidence. It's advisable to have a documented agreement for clarity and enforceability.

Additional Resources

Several resources can provide assistance and information related to landlord and tenant issues:

  • Ministry of Lands and Physical Planning: Provides guidelines on land use and housing policies.
  • Housing Tribunal: Offers dispute resolution services between landlords and tenants.
  • Kenya Law Reports: An excellent resource for accessing legal texts and recent rulings relevant to tenancy laws.
  • Mombasa County Government: Can provide contacts and resources for local housing regulations and tenant advocacy groups.

Next Steps

If you require legal assistance regarding a landlord or tenant issue in Mombasa, consider the following steps:

  • Identify the Issue: Clearly define the problem you're facing. Gather all relevant documents such as lease agreements, correspondence, and payment records.
  • Consult a Lawyer: Seek an experienced lawyer specializing in landlord-tenant law. They can provide specific advice and potential legal pathways.
  • Engage in Mediation: In some cases, mediation can be a cost-effective and amicable solution for disputes.
  • Prepare for Legal Action: If necessary, your lawyer can help you prepare and file a case with the relevant tribunal or court.
Lawzana helps you find the best lawyers and law firms in Mombasa through a curated and pre-screened list of qualified legal professionals. Our platform offers rankings and detailed profiles of attorneys and law firms, allowing you to compare based on practice areas, including Landlord & Tenant, experience, and client feedback. Each profile includes a description of the firm's areas of practice, client reviews, team members and partners, year of establishment, spoken languages, office locations, contact information, social media presence, and any published articles or resources. Most firms on our platform speak English and are experienced in both local and international legal matters. Get a quote from top-rated law firms in Mombasa, Kenya—quickly, securely, and without unnecessary hassle.

Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation. We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.