Keep your tenancy records, deposit proof and move-out evidence together.

You move out of a rental house, hand back the keys, clear your final bills and wait for your deposit.

A few days pass. Then a week. Then two weeks.

Every time you ask, the landlord says, “I’ll send it.” Or perhaps they stop replying altogether.

Sometimes the landlord says part of the deposit has been deducted for repairs, painting, cleaning or unpaid bills, but you are not shown how the amount was calculated.

A security deposit is not automatically the landlord’s money. It is normally held as security for obligations connected to the tenancy, subject to lawful deductions.

Start with your tenancy agreement

Before arguing about the deposit, read the agreement you signed when you moved in. Look for clauses dealing with:

1. the amount of the deposit;
2. when it should be refunded;
3. deductions for damage;
4. unpaid rent;
5. utilities;
6. notice periods;
7. cleaning or restoration costs; and
8. inspection of the premises.

If you do not have a written agreement, do not assume you have no rights. You may still have useful evidence such as M-Pesa payments, bank transfers, WhatsApp messages, receipts or emails showing that you paid a deposit.

Ask for a written explanation

If your deposit has not been returned, contact the landlord or property manager in writing. You can keep it simple:

“I moved out on 30 September and returned the keys. Please confirm when my rental deposit of KSh 30,000 will be refunded. If any deductions are being made, kindly send me an itemised breakdown.”

This gives the landlord an opportunity to resolve the matter and creates a written record. Avoid relying only on repeated phone calls.

Can the landlord deduct money for damage?

Possibly. A deposit may be used to cover legitimate obligations if that is allowed by your tenancy agreement and supported by the circumstances. This can include unpaid rent, unpaid utility bills for which you are responsible, damage beyond ordinary use, or another obligation clearly provided for in the agreement.

There is an important difference between damage and normal wear and tear. A house that has been lived in will naturally show some signs of use. If deductions are being claimed, ask for photographs, invoices, receipts, quotations, inspection reports and an explanation of how the deduction was calculated.

What if the landlord says the whole house needs repainting?

Whether repainting can be charged to you depends on what caused the need for repainting and what your tenancy agreement says. If you damaged a wall or changed it without permission, the landlord may have a stronger argument. If the paint has simply aged through ordinary occupation, the situation is different.

Take photographs before you move out

Before handing over the keys, take clear photographs and videos showing the condition of the property. Record walls, floors, doors, windows, kitchen fittings, bathrooms, appliances supplied with the house, meter readings and the overall condition.

A move-out inspection and your own photos can help show the condition of the property when you left.

If there is an inspection with the landlord, caretaker or agent, ask for written confirmation of the condition of the property. Do not wait until weeks later, when the house may already have been occupied or altered by someone else.

Keep proof that you paid the deposit

Locate the original payment. This might be an M-Pesa transaction, bank transfer, receipt, tenancy agreement, email, WhatsApp acknowledgement or payment statement from the property agent.

Can the landlord use your deposit as the last month’s rent?

Do not assume so. A security deposit and rent are not automatically the same thing. Whether you can use the deposit to cover your final rent depends on your agreement and any arrangement you make with the landlord. Do not simply stop paying rent because you believe the landlord can “take it from the deposit.”

What if the landlord keeps delaying?

If you have already moved out and the landlord keeps saying “next week,” give them a clear written deadline. For example:

“Please refund the KSh 30,000 deposit, or provide a written breakdown of any deductions, within seven days.”

Send a formal demand

If informal communication does not work, the next step may be a written demand. Keep it factual: state how much you paid, when you moved out, when you returned the keys, the amount still owed, previous attempts to obtain payment and a deadline for repayment.

Can you take the matter to Small Claims Court?

Depending on the nature and value of your claim, this may be an option. The correct forum still depends on the facts of your particular case, so it is useful to seek guidance before filing.

A simple example: if this happens to you

Imagine you rent an apartment in Nairobi for KSh 25,000 per month and pay another KSh 25,000 as a security deposit. You live there for two years. When you leave, you clear your electricity and water bills, return the keys and take photographs showing that the apartment is clean and in good condition.

Three weeks later, your deposit has not been returned. When you ask the landlord, they reply, “There were repairs,” but they do not explain what was repaired.

Instead of arguing over the phone, you:

1. save your original deposit receipt;
2. keep your move-out photographs;
3. ask for an itemised list of deductions;
4. request copies of repair invoices or receipts;
5. send a written deadline for repayment; and
6. seek legal guidance if the money is still withheld.

You have now turned a vague argument into a dispute supported by evidence.

What should you do today?

1. Find proof of payment.
2. Read your tenancy agreement.
3. Gather move-out evidence.
4. Ask for an itemised breakdown.
5. Give a reasonable written deadline.
6. Keep all communication.
7. Consider a formal demand if necessary.
8. Seek legal help if the dispute continues.

What should you avoid?

1. threatening the landlord;
2. publishing accusations about them online;
3. fabricating receipts;
4. deleting your messages;
5. accepting unexplained deductions without asking questions;
6. assuming your deposit automatically replaces your final rent; or
7. waiting indefinitely without making a clear written demand.

Need help understanding your options?

If your landlord has withheld your deposit and you are unsure whether the deductions are lawful or what step to take next, MiRight can help you understand your options and guide you towards appropriate legal assistance.

Important

This article provides general legal information for Kenya. It is not a substitute for legal advice about your individual case.