Most tenants in Nairobi sign their lease quickly, eager to secure the apartment and move on with their lives. Few read it line by line, and fewer still push back on clauses that don’t favour them. A lease is a binding legal document, and the few minutes it takes to read it properly can save you significant money and stress later. Here are the clauses that matter most, and what to look out for in each.
Rent Amount, Payment Date, and Escalation Terms
This sounds obvious, but the details matter. Confirm the exact rent amount, the due date each month, and crucially, whether and how the rent can increase during the lease term or upon renewal. Some leases specify an annual increase percentage; others leave it open to the landlord’s discretion at renewal. An open-ended escalation clause gives you very little protection, so where possible, negotiate for a fixed percentage cap, especially on longer leases.
Deposit Terms and Refund Conditions
Most landlords in Nairobi require a deposit, commonly equivalent to one to three months’ rent. The lease should clearly state the deposit amount, what it covers (damage, unpaid rent, or both), and the specific conditions under which it will be refunded at the end of the tenancy. Look for language that allows the landlord unreasonable discretion to withhold the deposit, and push back on vague terms like “subject to landlord’s assessment” without any defined standard.
Ask whether the deposit is held in an interest-bearing account, and request a written record of the property’s condition at move-in, ideally with photos, so there’s a clear baseline for comparison at move-out.
Maintenance and Repair Responsibilities
A good lease clearly separates which repairs are the landlord’s responsibility and which fall to the tenant. Structural issues, major appliance failures, and plumbing or electrical problems are typically the landlord’s responsibility, while day-to-day upkeep and minor wear often fall to the tenant. If this isn’t spelled out, you can end up in a frustrating back-and-forth when something breaks and neither party wants to pay for it.
Also check how maintenance requests should be submitted and what response time, if any, the landlord commits to.
Notice Period for Termination
Both you and your landlord need clarity on how much notice is required to end the tenancy, whether at the end of the lease term or, in some cases, for early termination. A typical notice period in Nairobi is one to three months, but this varies, and the lease should state it explicitly for both parties, not just the tenant.
If you anticipate needing flexibility (a possible relocation for work, for example), it’s worth negotiating a shorter notice period or an early-exit clause with a defined penalty, rather than discovering only later that breaking the lease is more costly than expected.
What Happens If the Landlord Sells the Property
This is a clause many tenants never think to ask about until it becomes relevant. If the property is sold during your tenancy, does your lease remain valid under the new owner, or can you be asked to vacate? Kenyan law generally protects sitting tenants in many circumstances, but the specific lease terms still matter, and it’s worth understanding your position before signing.
Subletting and Guest Policies
If there’s any chance you might want to sublet a room, host a long-term guest, or eventually share the space with a roommate, check what the lease says about this. Many leases prohibit subletting without written consent, and violating this can be grounds for termination.
Utilities, Service Charges, and What’s Included
Confirm exactly what is included in the rent and what is billed separately. This commonly includes water, electricity, garbage collection, security, and in apartment complexes, a service charge covering shared amenities and common area maintenance. Ask for a recent example of the service charge amount, since this can add a meaningful sum to your monthly housing cost beyond the headline rent figure.
A Few Final Tips
Get everything in writing. If a landlord or agent verbally promises something not reflected in the lease (a discount, a repair, a specific move-in date), ask for it to be added as a written addendum before you sign.
Keep a signed copy for yourself, and don’t be afraid to ask for time to read the lease properly before signing, even if there’s pressure to decide quickly. A legitimate landlord will not object to a reasonable review period.
How EverRoyal Helps
When you rent through EverRoyal, our agents review lease terms with you before signing and flag anything unusual or unfavourable, so you’re never navigating this alone.
If you’re currently searching for a rental, browse our available listings or reach out to our team for guidance on a specific property you’re considering.
https://www.everroyalestates.co.ke/property-type/serviced-apartments