Lease Agreement Modification Concerns

Summary

Lease agreements should be in writing to be enforceable, especially for modifications. In Kenya, verbal agreements may not be legally binding. If a tenant causes a nuisance, gather evidence such as photos or noise recordings. Review the lease for any terms on tenant behavior. Consider mediation before pursuing legal action. If necessary, seek a court order for eviction by demonstrating a breach of lease terms or substantial disturbance.

Full Conversation

Can I ask you something ok I'm a landlord I leased my land * by * and a written agreement was singed by December * but around June * the lesse asked if he could be added an additional part of * by80 which I recall was verbally so my question is it part of the lease agreement
In general, for a lease agreement to be legally binding, it typically needs to be in writing, especially for changes or extensions. A verbal agreement might not be enforceable if it wasn't documented. To clarify, did you update the existing written agreement to include the additional land?
No I didn't
In Kenya, lease agreements and any modifications to them should ideally be in writing to be enforceable. Since the additional land was agreed upon verbally, it may not be legally binding. It would be wise to update your current lease agreement to include this change.
Is there anything else you'd like to know about this situation?
The problem is the lesee has turned the place into a bar causing nuisance to neighbours and loss of income to landlords so I took the initiative to seek a court order and demand for evacuation
Case Rating: *
It sounds like you have a significant issue with the lessee causing a nuisance and potential breach of the lease agreement. In Kenya, a court order for eviction typically requires demonstrating that the tenant has violated the lease terms or caused substantial disturbance.
You might want to gather evidence of the nuisance and any breach of the lease agreement. Would you like more information on the eviction process or any related legal steps?
But remember the part is not included in the lease agreement but we have evidence of nuisance
Case Rating: *
It seems you've gathered evidence of nuisance, which is crucial. Even though the additional part isn't in the lease, the nuisance issue can be addressed. You might want to:
- Collect evidence of the nuisance (photos, noise recordings, complaints).
- Review the written lease for any terms on tenant behavior.
- Consider mediation before legal action.
Would you like more details on the eviction process or legal steps?