Quick answer: Start with the lease and any applicable controlled-tenancy law. Notice periods and form depend on the lease type, term, break clause, grounds and facts. Do not rely on a generic number of months.
Identify the lease and legal regime
Read the signed lease, renewals, side letters and any notice already served. Determine whether the tenancy is fixed-term, periodic, has a break clause, or may be a controlled tenancy under the Landlord and Tenant Act. Do not assume every business premises lease follows the same notice or dispute process.
Calculate notice and serve it correctly
Check the exact trigger date, required notice period, permitted service method, recipient and address. If exercising a break right, confirm conditions such as vacant possession, payment and compliance with notice wording. Keep the signed notice and evidence of delivery. If the dates or wording are uncertain, take advice before service.
Reconcile rent and other charges
Prepare a schedule of rent, service charge, utilities, insurance, rates or other sums due under the lease. Check apportionment to the termination date, reconciliation rights and any disputed amount. Ask for a written final statement and keep proof of payment.
Agree repairs and reinstatement
Compare the lease’s repair and reinstatement obligations with the entry condition report, photographs, fit-out approvals and correspondence. Ask the landlord to identify required work in writing and agree access and timing. Do not remove fixtures or abandon keys without following the contract.
Document handover and deposit
Arrange a joint inspection if possible. Photograph each room and meter, record keys and access cards returned, take a signed handover note and give a forwarding address. Request the deposit account and any deductions with evidence. Keep an undisputed claim separate from contested deductions.
If the other party disputes termination
Preserve all notices, payment records, inspection evidence and negotiation messages. Avoid changing locks or abandoning premises without advice. Identify urgent possession, rent, safety or limitation issues and use the lease’s dispute mechanism where appropriate.
Questions people ask
How much notice must I give to end a commercial lease in Kenya?
Start with the lease and any applicable controlled-tenancy law. Notice periods and form depend on the lease type, term, break clause, grounds and facts. Do not rely on a generic number of months.
Can a landlord keep the tenant's deposit for repairs?
The answer depends on the lease, evidence of condition, unpaid amounts and applicable law. Record the handover condition, request an itemised account and retain invoices or agreed estimates.
Can I stop paying rent if the landlord has not returned the deposit?
Do not assume you may set off the deposit against rent. Check the contract and obtain advice before withholding a payment that could trigger default.
Official sources and scope
For the current rule and any forms or rates, check the official sources: Landlord and Tenant (Shops, Hotels and Catering Establishments) Act · Land Act 2012 · Kenya Law. This guide is general information, not advice on a particular transaction or dispute. Laws, regulations and administrative requirements can change; check the position that applies to your facts before acting.
Related guidance
CS Advocates LLP commercial contracts practice. Related reading: Commercial leases in Kenya · Small Claims Court in Kenya · Commercial litigation practice.
This is general information, not legal advice on a particular matter, and does not create an advocate-client relationship. For advice on your specific situation, contact CS Advocates LLP for a confidential, conflict-checked consultation.