How To Deal With ‘BAD’ And ‘TOXIC’ Fellow Tenant Neighbours And Landlords Who Pay Deaf Ears To Rights Of Tenants.

Previously we told you about Masitula and her reckless neighbour who smokes, drinks and throws used condoms in the shared compound of rented home. We asked you how you thought she should deal with the situation. Thank you for all your responses, let us also give you our thoughts on the situation.

By law, a tenant has a right to enjoy the use of the rented property. This means they are free to eat only chicken if they want (even if they have not yet paid for the month), or even to smoke. However, since all of us want to enjoy our rights, there is often a conflict between tenants. If this happens, here are few tips to deal with the situation.

1. Report to the landlord

Back in school, when someone disturbed you in class, you would sometimes report to the ‘class monitor’ (if he/she was authoritative enough) or go to the teacher. In life, things have not changed that much, since the landlord has the authority over the houses, you can start by reporting the disturbing behaviour of your neighbour so that you give the landlord a chance to fix the issue. 

2. sue the landlord

The law places a duty on a landlord to give you (as the tenant) a property that is fit for human habitation (good enough for human beings to live in). If you highlight the issues that are making the rental property unfit for you and your family, then the landlord must fix them. For example, a dirty environment with toxic fumes from cigarettes may be harmful to your children so this place may be unfit for your children. It is good to try and resolve issues without resorting to a ‘fight’. Obviously, if this should fail, then the next best thing is to sue the landlord for this failure. You may have to shift from an ‘inhabitable’ place and then sue the landlord for having failed to fix the issues. 

3. Sue Nico (the tenant)

As @Njirû Simon said, one person's rights end where the other person's rights begin. Therefore, even though Nico has a right to smoke and to ‘do’ other things, he should endanger the health and wellbeing of others, especially children. For this reason, if he puts things such as half drank alcohol bottles within reach of children and exposes them to cigarette smoke, then he is personally responsible for endangering their health and safety through negligence. The law allows a person to sue another for injuring someone else through their neg

ligence so Masitula can sue Nico for this as well.

Credit: Photo by Centre for Affordable Housing Finance in Africa. 

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