LEASE AGREEMENT
This Lease agreement is made on the ……… day of …………………….. 20…… Between
………………………………………………………………………………………… of [Link]
………………………… (Hereafter referred to as the owner) through Acumen Initial (K) Ltd. Of P.O.
Box 813 00511 Ongata Rongai in the Republic of Kenya (hereafter referred to as the agents) and
……………………………………………………………………… ID/NO ………………………………
of [Link] ……………………....................... Tel ……………………………………………… in the
republic of Kenya (hereafter referred to as the lessee,) of the other part. WHEREBY the Agent has the
mandate from the owner to let and the tenant agrees to take the shop/office number …………………….
Situated at ……………………………………………………… (Hereafter called “the premises” on Land
Reference Number ……………………
NOW IT IS MUTUALLY AGREED BY AND BETWEEN THE PARTIES HERETO AS
FOLLOWS:
The landlord/Agents shall let and the lessee shall take for a period of three (3) years and three (3) months
from …………………………………… Day of …………….......... 20 ………… the described above.
1. The lessee shall pay monthly rent of Kshs …………………….( In words)
…………………………………………………………………………………… Commencing as
above and shall continue from month to month for a period of one year .
The rent shall be reviewed in line with the market rates.
2. The rent falls due for payment on the 1st day of each month and if the rent or any part shall be in
arrears or unpaid for a period of five (5) days after the same has become due a penalty of Kshs
1,000 or 10% whichever is higher is incurred. All monies shall be paid to Acumen Initial Ltd
through the company’s Bank account or by M-pesa Pay Bill Number provided. The Bank slips
and other documents of proof for payment shall be surrendered to the office. An official receipt
shall be issued.
3. The lessee shall ensure that no rent shall remain unpaid by the 15th of the month due, otherwise
the tenancy shall be terminated and at the same time liable for distress of rent and eviction at
his/her cost and consequences.
4. A deposit equivalent to ………………………months’ rent shall be maintained at all times. This
deposit will be refunded upon tenant’s vacating if all the provisions of this agreement are
compiled with more specifically but not limited to the following provisions:
a. That the premises are left undamaged, clean rentable condition to be determined by the
Agent, after carrying out an inspection.
b. No unpaid rents, utility and other charges shall be outstanding.
c. All keys have been returned where applicable.
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5. Rent deposit once paid shall be treated separate from rent and shall not stand in for any unpaid
rent. The lessee shall therefore not be allowed to sit on deposit.
6. The lessee shall personally be responsible for electricity, water, garbage and security charges.
Those charges shall be paid promptly. If the lessee fails to remit these payments and shall cause
the same accumulate, the agents shall deduct from rent the accrued charges and recover from the
lessee the unpaid rents accordingly
7. The lessee shall keep the interior of the premises and all fixtures and fittings, wiring, plumbing
and sanitary apparatus in good and tenantable repair and condition, and shall hand over the same
in such repair and condition at the expiration or sooner determination of the term hereby created.
8. The lessee shall seek consent from the Landlord or his agents to make any alteration to the said
premises. Such consent shall be granted in writing. The lessee shall meet the cost of the
modification/alterations made to the premises by himself/herself or on his/her behalf the landlord.
9. The lessee shall meet the cost of any renovation or modification that he/she deems fit in the
premises but must first obtain consent of the landlord or his agents as in No.8 above.
10. Not to do or suffer to be done anything on the demise premises which may increase the premium
payable for the insurance of the building consist of the demised premises or any part thereof
against fire which may make void or voidable any policy for such insurance now held by the
lessor and in the event of any breach by the lessee of this covenant and agreement to repay to the
lessor on demand all sums paid out by the lessor by way of increased premium and all expenses
incurred by him in or about the renewal of any such policy by reason of such breach.
11. In the event of the building of which the demised premises or any part thereof forms being
damaged or destroyed by fire at any time during the said term and the insurance money under any
insurance against fire effect thereon by the lessor being wholly or partially irrecoverable by
reason solely or in part of any act or default of the lessee or any person or persons in occupation
of the demises premises, then and in every such case forthwith (in addition to the rent) to pay to
the lessor the whole or (as the case may require) a fair proportion of the costs of completely
rebuilding and reinstating the same. Any dispute as to the proportion to be so contributed by the
lessee or otherwise in respect of or arising out of this provision to be referred to arbitration in
accordance with the provision of the Arbitration Act or any Act or Acts amending or replacing
the same.
12. The lessee shall permit the landlord or his Agents to enter the said premises, inspect and view the
state and condition thereof and also to execute or do any repairs or work which the landlord may
deem desirable or necessary. A reasonable notice specify the repairs to be carried out shall be
given to lessee.
13. The lessee shall not sublet, assign or part with the possession of the premises without the prior
written consent of the landlord or his/her agents.
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14. Not to carry on or suffer to be carried on in or upon the demised premises or any thereof any
dangerous, noisy or offensive trade or business whatsoever.
15. Not to do or permit to be done anything in or upon the demised premises or any part thereof
which at any time may be or become a nuisance to the tenants or occupiers of other portion of the
said property or any adjoining or neighboring premises.
16. The lessee shall use the demised premises for the purpose of carrying business of
……………………………………………………………………………………………. or for
commercial purposes only together with other structures therein and NOT to use common areas
for any business transaction
17. The lesssor shall not be liable for any damage or injury to the lessee or the servant licenses or
invitees of the demised caused by,
i. Any defect in or negligent working construction or maintenance of any lighting or other
part of the equipment or structure of the building or any other part thereof and /or at all
and especially as to.
ii. Any lack of shortage of electricity water or drainage
iii. The overflow of water to the demised premises from other parts of the building which are
not in the occupation or the lessor
iv. Any burglary or theft
18. If either party shall desire to terminate hereby created and shall give to the other party
………………….. Month’s notice of such desire, then immediately on expiration of such notice
the present tenancy shall cease without prejudice to the rights or remedies of either party against
the other in respect of any antecedent breach of covenant.
19. In the last month of the term hereby created, to paint with at least two coats of quality paint, in
good workmanship and colour, to the reasonable satisfaction of the lessor the entire demised
premises both inside and outside previously or usually so painted.
20. If the tenant shall at the expiry of the term be desirous of obtaining a new lease for a further
period and shall signify such desire in writing given to the landlord or his/her agents at least 3
months before the expiry of the said term, provided the tenant shall not have breached any of
these covenants, then it shall be given the first option to lease the said premise at a rent and terms
to be negotiated and agreed upon.
21. THE LESSOR HEREBY COVENANTS WITH THE LESSEE AS FOLLOWS
a) To keep and maintain the structure main timbers roof gutters and the exterior of the demised
premises in good condition.
b) The lessee paying the rent herby reserved and performing the several covenants conditions on its
part to be observed and performed shall and may peaceably hold and enjoy the demised premises
during the term hereby granted without any interruption by the lessor or any person rightfully
claiming under or in trust for him.
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IN WITNESS WHEREOF the parties hereunto set their hands on this day and year herein before
written.
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Signed by the Landlord/ Agent )………………………………………………………………
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Signed by the Said Lessee )………………………………………………………………
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In the Presence of: )………………………………………………………………
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