A leaking kitchen tap. A cracked window pane. A burnt-out instant shower element. When something breaks in your rented apartment, who is supposed to reach into their pocket to fix it?
Disagreements over maintenance and repairs are the leading cause of friction between landlords and tenants in Kenya, often leading to bitter deposit disputes when the tenant moves out. While your specific lease agreement dictates the final terms, standard real estate practice in Kenya follows clear guidelines on structural versus consumable repairs. Here is the ultimate breakdown of who pays for what.
The Landlord's Responsibilities (Structural & Major Systems)
In general, the landlord is legally obligated to ensure the property is habitable and safe. They are responsible for repairing structural issues and major systems that were provided with the house, provided the damage was not caused by the tenant's negligence.
The landlord pays for:
- Major Plumbing: Burst pipes inside the walls, major roof tank leaks, and sewer blockages that occur outside the tenant's direct control.
- Electrical Faults: Faulty internal wiring, replacing the main switchboard, and fixing sockets that have burnt out due to power surges (not due to the tenant plugging in faulty appliances).
- Structural Integrity: Roof leaks, severe wall cracks, rising dampness, and repainting the exterior of the building.
- Built-in Appliances: If the apartment came with a built-in water heater (such as a Lorenzetti instant shower) or a built-in cooker, the landlord must repair or replace it if it breaks through normal wear and tear.
The Tenant's Responsibilities (Consumables & Negligence)
Tenants are responsible for day-to-day maintenance, replacing "consumables," and repairing any damage caused by their own negligence, or the negligence of their guests and children.
The tenant pays for:
- Consumables: Light bulbs are the most classic example. If a bulb burns out, it is 100% the tenant's job to buy a new one and replace it.
- Minor Blockages: If your kitchen sink or toilet is blocked because of food waste, cooking oil, hair, or flushed foreign objects, you are responsible for paying the plumber to unblock it.
- Broken Fixtures: If you or your guests crack a window pane, break a toilet seat, or rip a cabinet hinge off its track, you pay for the replacement.
- Keys and Locks: If you lose your keys or lock yourself out, the cost of the locksmith and the replacement lock falls entirely on you.
The Grey Area: Normal Wear and Tear
"Normal wear and tear" refers to the natural deterioration that happens when a property is lived in. For example, paint fading over three years, or the enamel on a kitchen sink dulling. A landlord cannot deduct money from your deposit to cover normal wear and tear.
However, if you have drawn on the walls, drilled fifty holes to hang TVs and pictures without permission, or burnt the kitchen countertops, that is classified as property damage, and the repair costs will be deducted from your deposit.
How to Handle Emergency Repairs and Deductions
The best way to avoid repair disputes is to document the state of the apartment the exact day you move in. Take photos of every room, focusing on existing cracks, stains, or faulty fixtures, and email them to the landlord. This proves the damage existed before you arrived.
When a major repair is needed (like a burst water pipe), notify the landlord immediately in writing (email or text). Do not withhold rent to force a repair. Under Kenyan law, withholding rent is usually a breach of your lease agreement and grounds for eviction.
Instead, communicate with the landlord. If they are slow to act, ask for written permission to hire a fundi (repairman) yourself, pay out of pocket, and deduct the exact amount from the following month's rent. Always keep the official receipts as proof of the expense. If you deduct rent without a written agreement, the landlord can legally classify you as being in arrears.
