Parking!
Mohit
(Querist) 26 November 2019
This query is : Resolved
Hello mohit here! I live in vasai! I'm a rental and my bldg has decided such a bad thing! That who are rentals they cannot keep their two wheelers inside the society, they have to keep out side of the society! Is this is a legal thing??? And it its not, then Plz let me know that how can i fight with this stuff!!
Thankyou😊
Sb Karma
(Expert) 27 November 2019
yes, tenants have every right to park, legally speaking. The Supreme Court itself says so. Development control rules of states also support the same, even if not clearly. However, conditions do apply as far as the rights of a tenant with regard to parking spaces are concerned, and these conditions for all practical purposes make it difficult for tenants to find a regular parking space, more than often. (We do know even permanent residents often engage in parking feuds, do not we?)First of all, a tenant is entitled to use only the parking space his landlord has secured.
A tenant would often find that the landlord had only invested in a property to earn a regular income while he lives somewhere else. Since he did not inquire about any fixed parking space before, no space is available in the housing society since the number of flat owners buying multiple cars has been increasing. Even if the landlord is eligible to get a parking slot, the tenant is left to make the claim. Since the landlord might not willing to get to into “the internal matters of the housing society”, a tenant could often be left to fend for himself and might have to regularly deal with tetchy situations. Those living in housing societies in big cities would vouch for that fact.
In some cases, housing societies make arbitrary, restricting tenants’ rights to parking. They, however, cannot legally do so. Parking is a facility attached to the flat, and not to the member. Going by the law, a tenant is eligible for all benefits an owner is eligible for. Of course, legal recourse is available to a tenant in case he would like to go all the way against the discrimination by the housing society.They could move a co-operative court or a consumer forum to claim their rights. They could also approach the Sub-registrar’s office to do so.
If you are not able to get justice through these channels, you could also knock at the doors of the high court.However, who would like to run from pillar to post to claim their parking rights in a rented accommodation, employing their time, energy and resources? The answer is not many would like to take that kind of a headache and would quickly move to another place. This is precisely why due care must be taken to read the rent agreement document carefully before you rent a place. Since the entire concept of suburban living – where rents are more affordable, homes are bigger and spaces are greener – is largely based on private vehicle ownership, it would only be in your best interest to make sure that your car, too, gets its own private space, and it is clearly mentioned in the lease agreement. It would be a mistake to think care is something left to buyers for taking; a tenant would do himself good by being careful while a rent agreement is being prepared.
P. Venu
(Expert) 27 November 2019
Yes, in principle, the tenant stands in the same footing as the landlord as to the entitlement of parking facility.
Dr J C Vashista
(Expert) 28 November 2019
With regards to parking of two wheeler in the Society tenants steps in the shoes of landlord.
Therefore, it is advisable to consult a local prudent lawyer with relevant documents/case file for proper appreciation, guidance and proceeding.
krishna mohan
(Expert) 17 December 2019
You have the same right that of owner. If owner has no parking right you can not. Consult the owner of his right and approach the society for your lawful right to parking.
