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Sujatha sarangarajan (Housewife)     13 June 2024

tenant's rights

we live in an apartment in chennai suburbs comprising of 8 units ... out of which 2 units which are in ground floor are unauthorised.... one of the tenant who moved recently is demanding not to run the bore water motor in the morning time between 4.30 am and 5 am as it disturbs his sleep and to switch on the motor after 7am .... most of the people on the apartment have to be ready to go to the school. college, office by 7.30am... we find it difficult to reach our respective destination because of this problem..moreover on some of the days the said tenant is working @ night and comes back @ morning.... his demand is whenever he is @ home, he find difficult to sleep because of this bore water pump running.... he just expect everybody to adjust as per his demand...he is making a ruckus.... is he legally right?? our apartment association is not registered as most of the owners are living outside Tamilnadu...Please give a detailed clarification....Thanks..


Learning

 3 Replies

T. Kalaiselvan, Advocate (Advocate)     13 June 2024

The tenant cannot dictate any terms here on the owners especially in respect of the usage of basic and essential amenities  

 You don't have to listen to his objections, you can proceed with your requirement as per your necessity, if he is still objecting you can issue a legal notice instructing him to refrain from making any such dictates or creating nuisance to others in this regard.

it is not that you are benefited by his night shift duties, it is his fate, he cannot curse others for his fateful life. 

you resort to legal action if he is not listening or adapting to the circumstances. 

kavksatyanarayana (subregistrar/supdt.(retired))     13 June 2024

The owner who let the flat on a rent to the tenant, you shall first inform his objections and request the owner to get him vacated from the flat if he is no adjusted with the people of apartment.

Dr. J C Vashista (Advocate )     14 June 2024

No legal dispute is involved in the facts posted, settle the problem amicably.


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