How to Get Your Rent Refund From Your Landlord 

When your tenancy ends or goes wrong, the last thing you want is to walk away without the money you're rightfully owed. Yet many tenants face this exact frustration: landlords refusing to refund rent or deposits.

Some landlords stall. Others go silent. Some invent fake deductions to justify keeping some or all of your money. And many rely on the assumption that tenants won’t follow up or don’t know how to claim what’s theirs.

In this article, we will go through detailed steps you should follow when seeking a refund.

Read Also: How to Cut Your Rent Cost in Half: Tips and Tricks

1. Understand When You're Entitled to a Refund

Before requesting a refund, it’s important to determine whether your situation qualifies. The law and most tenancy agreements outline specific conditions under which a tenant may be entitled to recover rent already paid or reclaim a security deposit.

A refund may be justified if your deposit isn’t returned, you face harassment or illegal eviction, or the house becomes unsafe due to landlord's neglect. Breaches like unlawful rent hikes or new charges without agreement also strengthen your case for a refund.

A rent refund isn’t always guaranteed just because you move out or feel wronged. In most cases, you’ll need to prove that the landlord either violated the agreement, broke the law, or failed to uphold their responsibilities.

Read Also: 6 Instances Your Landlord May be Forced to Refund Your Rent

2. Gather Your Evidence

Landlords are unlikely to issue refunds based solely on verbal claims. You’ll need documentation to support your case, especially if you plan to escalate the matter formally.

You can compile your payment records, lease agreements, photos of the house (before and after moving in), written communication with the landlord, utility bills, and witness statements to support your rent refund claim. 

These documents help prove payment, the condition of the unit, and any agreements or disputes, strengthening your case if deductions or delays arise.

Properly organized records make it easier to draft a formal demand, support your case in court, and avoid back-and-forth disputes.

3. Formally Request the Refund

If your landlord hasn’t refunded your rent or deposit after you move out, the first formal step is to send a written refund request. This sets the stage for future action and creates a paper trail, which is critical if the issue escalates. Here’s how to proceed:

1. Write a clear and polite letter requesting the refund. Include your name, ID number, property address, amount claimed, reason for the refund, and reference to any lease clause or verbal agreement.
2. Attach supporting documents, including payment records, photos, or utility bills, to strengthen your claim. You can also send pictures of how you left the apartment. 
3. Send it through a traceable channel, such as email, WhatsApp with read receipts, or registered mail. Avoid relying on phone calls or face-to-face reminders alone.
4. Set a deadline of between 7 and 14 days for the refund to be paid or for a response to be issued.

Even if the landlord does not respond, sending a formal request positions you as a reasonable party and gives you written proof that you tried to resolve the issue amicably.

4. Choose the Right Forum

If your refund request is ignored or denied and informal resolution fails, legal options are available. Which forum you choose depends on the type of rental unit and the amount of money you’re claiming.

Small Claims Court (Claims under Ksh1 million)

This is the most accessible and affordable forum for most residential tenants. Small Claims Courts handle disputes involving money, including rent and deposits. 

In early 2025, the High Court clarified that rent refund disputes fall within the scope of the Small Claims Court Act, which covers “contracts relating to money held and received.” 

Hearings are generally resolved within 60 days, and the process is simplified for self-representation. This is ideal for refunds for deposits or overpaid rent, claims up to Ksh1 million, and residential rental units not covered under the Rent Restriction Act

Rent Restriction Tribunal (For covered residential leases)

This tribunal covers residential properties where the monthly rent does not exceed Ksh2,500, as per the Rent Restriction Act. Although this threshold is outdated and under review, it still limits the tribunal’s jurisdiction.

This is applicable where the monthly rent is Ksh2,500 or less and the dispute involves rent overpayment, maintenance, or illegal eviction.

Business Premises Rent Tribunal (Commercial rentals)

If you were renting a property for business use, the BPRT (under Cap 301) is the appropriate forum. It handles disputes involving controlled commercial tenancies, including shops, restaurants, and other business premises.

This forum is best suited for disputes over rent involving business tenancies or disputes over evictions and tenancy termination in business premises. 

Not all commercial tenants are automatically covered. For example, businesses operating under longer-term or negotiated leases may fall outside the Tribunal’s scope.

Magistrates or High Court (for special or high-value cases)

For refund disputes above Ksh1 million or those involving unlawful eviction, damage to property, or breach of rights, a magistrates' court may be necessary.  This option is more complex and often involves hiring a lawyer.

5. File and Follow Through

Once you've chosen the right forum, the next step is filing your case and following through the legal process. For instance, for refunds below Ksh1 million, you'll need to use the Small Claims Court. Here's how to:

Step-by-step process for Small Claims Court:

1. Prepare your documents: Include a copy of your ID, lease agreement, refund request, and supporting evidence.
2. Complete the claim form: This is available at the court registry or online (if the court has a digital portal).
3. Pay the filing fee: Typically ranges between Ksh1,000 and Ksh3,000.
4. Submit your case: The court will issue a hearing date and notify the landlord.
5. Attend the hearing: Present your documents and explain your claim clearly. If the landlord doesn’t appear, a decision can still be made in their absence.
6. Receive a ruling: If the court rules in your favor, the landlord will be ordered to pay.

If the landlord fails to comply with the court’s decision, you can apply for enforcement orders, which may include attachment of property, salary garnishment, or other collection measures.

To avoid rent refund disputes, sign a written lease, pay digitally, document inspections, confirm move-out in writing, and keep all communication via verifiable messages.

However, remember that a landlord may deduct for unpaid rent, damages, or lease breaches