How tenants can effectively deal with sneaky landlords

When it comes to renting spaces, landlords hold a position of power. While many are fair and responsible, some take actions that are unclear or potentially questionable and employ tactics that can leave tenants feeling vulnerable and frustrated. It is crucial for renters to be aware of these common tricks and arm themselves with the required knowledge to respond effectively.

Joram Mugisa, a property manager  in Makindye Division, Kampala, acknowledges that while most landlords act in good faith, there are a few bad apples. He stresses the role of property managers in mediating between landlords and tenants.

“It is in everyone’s interest to maintain a positive landlord-tenant relationship,” Mugisa says. “A good property manager can help ensure both parties are aware of their responsibilities and rights before signing an agreement.”

When your home is not your own

Some landlords seem to be unaware that once they have rented out their property, it ceases to belong to them for the duration of its occupancy. This means they do not have free entry and exit to it without the tenant’s permission. 

“My landlord and his wife forcibly entered my residence while I was undressed, which left me feeling violated. I had already paid rent for five months, but after only four months, they suddenly informed me of a rent hike, insisting on payment for the fifth month. I requested for some time to consider this. However, two days later, they returned, unannounced,” Deborah Kanyesige, a tenant in Kampala, says.

Kanyesigye says her landlord’s actions were a blatant invasion of her privacy. 

“I felt as if my home was no longer my sanctuary,” she says.

After the unannounced visit, she decided to take action. She researched her tenant rights and discovered that landlords were required to give 20 hours’ notice before entering a rented space. Armed with this information, she firmly but politely reminded her landlord of the legal requirement.

“He seemed taken aback that I knew my rights,” Kanyesigye says, “and he never made that mistake again.”

Unannounced visits from landlords are a recurring nightmare for many renters, who often feel their privacy invaded. However, what tenants might not realise is that in most jurisdictions, landlords are required to provide notice before entering a rental unit, except in emergencies.

Kanyesigye’s experience underscores the importance of knowing one’s rights as a tenant and being prepared to assert them.

Mugisa stresses the importance of tenants familairising themselves with local tenant laws to know their rights. If a landlord repeatedly violates privacy boundaries, they may be liable for legal action.

Maintenance

In Mbarara City, Marvin Ruhinda endured weeks of a leaky tap that turned into a flood, all while his landlady turned a blind eye. “I sent her multiple messages, but it was as if I was talking to a brick wall,”  he recounts.

Maintenance neglect does not only cause inconveniences but also devalues the property itself. Ruhinda’s experience is not unique, it underlines the importance of promptly reporting maintenance issues and knowing your rights as a tenant.

Diana Nyakato says her landlord has never made efforts to make her rental a peaceful place despite her constantly reminding him.

“They have young children who can be quite bothersome. He installed a power meter that frequently malfunctions. For the period I have lived here, landlords consistently fail to refund the security deposit, even when nothing is damaged,” she says.

Collect evidence 

Real estate expert Kato Musoke advises tenants to document all communication regarding maintenance requests. “This creates a paper trail that can be invaluable if legal action becomes necessary,” he states.

Hidden fees

When Tom Katsigazi moved into his new apartment, he was prepared for the standard security deposit and first month’s rent. What he was not prepared for were the additional fees that seemed to crop up out of nowhere.

“Pet fee, trash removal fee, parking fee, it felt as if I was being nickel-and-dimed for everything,” Katsigazi laments. 

After facing a barrage of unexpected fees, Katsigazi decided to address his landlord about the charges he deemed unfair. He requested a meeting to discuss the fees in detail, bringing along a copy of his lease agreement for reference.

“I pointed out the lack of clarity and asked for an explanation for each charge and it turned out,  most of them  were indeed unnecessary,”  Katsigazi says.

By taking the initiative to question the fees, Katsigazi was able to negotiate a more reasonable arrangement with his landlord.

Hidden fees are a tactic some landlords employ to boost their bottom line. While legitimate charges exist, it is important for tenants to scrutinise their lease agreements and ask for clarification on any ambiguous charges. Kato cautions tenants to carefully review their lease agreements and request an itemised list of charges. 

“If fees seem excessive or unjustified, the tenant has the right to negotiate or contest them,” he says.

Instant evictions

Felix Karugaba recounts how one landlord told him to vacate his apartment immediately. 

“The landlord claimed they wanted to renovate the rooms. I was financially strained and had nowhere to go.  It left me feeling completely stranded. Eventually, I gathered my belongings and moved in with my brother, which was quite inconvenient,” Karugaba shares.

Anna Birungi thought she had thoroughly reviewed her lease agreement before moving into her rental in Wakiso District, but as time went on, she realised there were clauses that seemed to favour the landlord excessively. One such clause stated that the landlord could terminate the lease with only a week’s notice.

“Feeling trapped is an awful feeling,” Birungi says. “I had no idea I could be forced to leave at such short notice.”

Unscrupulous landlords may slip in ambiguous or one-sided clauses in lease agreements, leaving tenants at a disadvantage. This emphasises the importance of meticulous scrutiny before signing any documents.

“Tenants should never rush into signing a lease,” advises Kato. “Seek clarification on any terms that seem unclear or unfair and consider consulting a legal professional before finalising the agreement, if necessary,”he adds.

Be proactive

Winston Lubega shares; “Our landlord is not very attentive. We have raised concerns about some needed fixes, but he has been dismissive. After a year of this, we collectively withheld one month’s rent. In response, he threatened eviction, but eventually, he took action. He addressed a few issues, including improving water drainage. This was especially crucial, as blockages can lead to sanitation problems.”

“Our action got her attention,” Lubega says. “Within a week, the repairs were finally done.”

Lubega’s experience highlights the power of being proactive when it comes to ensuring landlords meet their responsibilities.

Advice

Mugisa suggests that tenants acquaint themselves with local tenant advocacy groups and resources, which can provide invaluable support in navigating tricky landlord situations.

Rental negligence

Judith Namukisa says the toughest place she ever rented was in Lungujja, Kampala. 

“The landlady was exceptionally strict. I truly struggled there. We had just one toilet for more than 100 residents. I stayed in room 204. Additionally, I could not sleep at night due to the constant fear of burglary.

Most tenants had powerful sound systems, which they blasted day and night. There was hardly any peace but the landlady seemed solely concerned with collecting money. I would return exhausted to find no respite in a place I paid for with my hard-earned money,”Namukisa recounts.

Namukisa’s biggest concern, however, was that the massive property with an estimated 500 rooms, had no gate or any other form of keeping track who entered or left.

“I realised the owner had entrusted the management to some individuals who turned out to be a major issue. The pressure in that place was overwhelming. You could just walk in without being asked for any identification, no interest in your background whatsoever. As long as you paid, they did not care. It was filled with rowdy characters,” she says.

What the law says

The Landlord and Tenant Act 2022 regulates the relationship between landlords and tenants and speaks to their responsibilities.

Article 19 of the Act requires a landlord to ensure the tenant has quiet enjoyment of the premises during the tenancy.

Article 26 (2) states that a landlord shall give a tenant at least 60 days’ notice in the prescribed form, of a proposed increase in rent.

Article 30 (3) demands that the landlord shall specify to the tenant in writing the terms and conditions under which the security deposit or any part of it may be withheld by the landlord upon termination of the tenancy.

Subsection (4) says that without limiting the general effect of subsection (3), a security deposit shall not be withheld on account of normal wear and tear resulting from ordinary use of the premises.

Kato says tenants and landlords may agree on what constitutes a damage and normal wear and tear in the tenancy agreement.

Termination of a tenancy after notice

Article 38 (1) of the Act states that a tenancy is terminated where a landlord or tenant gives notice of termination of the tenancy in accordance with this Act, or with terms of the tenancy agreement. 

Subsection (2) says in a residential tenancy, notice of termination of a tenancy required under this Act shall be as follows-

(a) In the case of a weekly tenancy; seven days ‘notice;

(b) In the case of a monthly tenancy; thirty days’ notice

(c) In the case of a tenancy from year to year; sixty days’ notice.

Article 45 (2) stipulates that where a landlord evicts a tenant from the premises or requires, compels or attempts to require or compel the tenant to vacate the premises in contravention of this Act or the terms of the tenancy agreement, the tenant shall be entitled to pursue appropriate relief from a court of law, or an equivalent to three months’ rent payable.

Article 46 (1) directs that a landlord may charge fees for extra services provided to a tenant, including services relating to security, conservancy, sanitation and other amenities.

Article 48 (1) specifies that a landlord has a right to enter the premises together with any person who is necessary to achieve the purpose of the entry only after giving the tenant written notice of at least 20 hours.