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Amit Hasmukhrai Mehta   12 December 2015

Parking rights of owner who has leased his flat to a tenant

Sir

I have rented a flat to a tenant with two parkings. My tenant earlier had one car so the second parking space was empty.( I have two flats & two parkings allotted by the builder and which is mentioned in my Agreement and till the time I was staying there Society had acknowledged and charged me parking charges which even today I am paying for it.) .

So One day when my Chairman neighbour who has very good relationship untill now requested me to allow him to park his car which I accepted on a good faith. But when my tenant got another car and asked for the parking the Chairman is refusing to vacate it simply on the ground that since I am not staying there and Society has not enough parking place the tenant can not park the car in my parking place. His second arguement is that since the NOC was not obtained while renting the flat ( although there is no practice in the Society till today to ask for it and there are other flats also given on Rent with similar arrangement, but they have been charging me for non occupancy charges for both these flats) I have no right to ask him to vacate my parking place for the tenant.

So I want to know what should I do and what are my rights?

 

 

 

 

 



Learning

 2 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     12 December 2015

when you are paying parking rent to the society, you have every right to ask vacate other occupaints. Give a complaint to the registrar of societies in writing. They takes action on the society for their malfunction of adminstration like this.

ROHIT SHARMA (Legal Advisor )     12 December 2015

1. The chairman must be having one flat but two cars.

2. You have two flats and two parking lots.

3. Your one flat is still not occupied.

4. Your one tenenat has now got a second car and he wants to use your second parking plot for which he may pay you additional rent.

5. I do not think you need N.O.C. of the society to rent out your own premises.

6. If the matter does not get resolved tactfuly by interventions of other members then file a police complaint against such chairman individually alleging unlawful tresspass in your parking space property.

 


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