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John Kamau on Thursday, November 08 2012, 09:46 AM

How do you go about bringing in new tenants in a newly bought house with tenants?

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I'm thinking of buying a house that I will eventually rent it out, but it is already occupied by some tenants. Question is, can I evict them to have new tenants come in? What laws do we have to act as a guide for any actions to take?
       
  • Replied by Realcom on Friday, November 09 2012, 01:44 PM · Hide · #1
    Hello Mr. Kamau
    I strongly advise you NOT to buy a house, especially a residential house which already has a tenant. Always insist on vacant possession. Its safer that way.

    Picture the following scenarios:-
    1. The tenant says that the former owner had promised to sell him the house?
    2. The tenant says that the former owner had given him a 5 year lease at a fixed rate that is way below the market rate?
    3. The tenant refuses to pay for damages to the house and, says the former landlord had committed to handle repairs?

    Tenants are fully protected by the law thus its not possible to evict them without going through certain steps provided for in the law. Cancelling a lease can be a very time consuming process which sometimes may require you to compensate the tenant.

    However if its a huge complex that you are buying with lots of different tenants it may not be practical to get vacant possession especially assuming that your aim is to continue renting out the property.

    But if you are buying the huge complex with the aim of renovating, however cosmetic, to enable you get increased rental income from the tenants, then you should consider getting vacant possession to avoid the potential costs and headaches of litigation.

    For a more detailed discussion on tenants rights and eviction procedures, please get in touch with Us.
    1 vote by John Kamau
    • John Kamau - more than a month ago
      This is a real eye opener. Thanks alot. Just one more questions, do verbal promises count? (Undoccumented)
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  • Replied by Realcom on Saturday, November 10 2012, 11:59 PM · Hide · #2
    Hello Mr. Kamau
    Verbal promises given by either party Can count due to privity (client/landlord relationship) and consideration (rent). The challenge is proving them incase one party suddenly develops "temporary amnesia".

    In the event of a verbal promise always endeavor to have the following:-

    1. An independent person present when the promise is made;
    2. Follow up the promise with a push for the specific action to start
    Eg if the landlord promises to perform a particular task, ensure he starts it so that you'll now be pressing for completion.
    3. Please email us on This email address is being protected from spambots. You need JavaScript enabled to view it. to book an appointment with one of our Inhouse lawyers.
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