Recovering Rent Arrears or Your Security Deposit Through Small Claims Court
If you’ve ever struggled to recover rent arrears from a former tenant or get back your security deposit from a past landlord, you’re not alone.
Many landlords and tenants in Kenya face similar frustrations. But did you know that you can resolve these disputes quickly and affordably through the Small Claims Court?
A recent decision in the case of Ng’ang’a v Matheri provides valuable guidance on this issue. It clarifies how tenants and landlords can use the Small Claims Court to recover their money without the long, expensive process of going through a regular court.
What Does This Mean for You?
If you’re a landlord struggling to collect unpaid rent from a tenant who moved out, this case can help you understand how to structure your claim.
On the other hand, if you’re a tenant trying to recover your security deposit from a former landlord who won’t return it, you now have a legal precedent to support your case.
A Key Tip Before Filing Your Claim
Before you take the matter to court, make sure you get an acknowledgment of the debt from the other party.
According to Black’s Law Dictionary, Tenth Edition an acknowledgement of debt is: “Recognition by a debtor of the existence of a debt. An acknowledgement of debt interrupts the running of prescription”.
It can be as simple as a text message, email, or written agreement confirming that they owe you money. This proof can strengthen your case and increase your chances of winning.
How to File Your Case in Small Claims Court
The process is straightforward:
- Prepare Your Evidence – Gather all relevant documents, including agreements, receipts, messages, and any communication regarding the unpaid rent or deposit.
- File Your Claim – Visit the nearest Small Claims Court, fill out the required forms, and submit your evidence.
- Attend the Hearing – The court will schedule a hearing, usually within a short time, where both parties will present their side of the story.
- Get a Judgment – The court will issue a decision, often within a few days, and if you win, the other party will be required to pay you.
Why Use Small Claims Court?
- It’s fast – Cases are resolved within 60 days.
- It’s affordable – The filing fees are low compared to other courts.
- It’s simple – You don’t need a lawyer to file your case.
If you’re dealing with an uncooperative ex-tenant or landlord, don’t let them get away with it. Take action and claim what’s rightfully yours!
Disclaimer: This article is for informational purposes only and does not constitute legal advice. If you need specific legal guidance, talk or chat to us on 0708111222.