Cecily (Unemployed) 22 December 2014

Tenants creating nuisance

Ours is a newly formed co-operative housing society. In AGM it was passed that the Flat owners willing to rent out their flats can only rent out to families and bachelors are not permitted as tenants and also it was passed in AGM that flat owners should take permission of the society before renting out their flat along with police verification and photocopy of leave & license agreement between the flat owner and the tenant the tenant.

One of the flats owners has rented out his flat to bachelors and has neither given police verification nor copy of the leave & license agreement.

Since last 3 months, the tenants in this flat are creating nuisance by entering the society complex heavily drunk and abusing the security guard.

The flat owner has been informed each time and always he has confirmed that his tenant will vacate by month end. Inspite of several requests, the flat has not been vacated since last 3 months. Please advise action to be taken to evict the tenant.

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4 Replies

Hardeep (Business) 22 December 2014

1) It is not for you to take steps to evict the tenant.

2) The RWA could serve notice on the Landlord and Tenants pointing out hat the tenancy is not in accordance with the Society Rules as well as laws.

3) Society could also inform police there are people staying as tenants without proper verification.

4) If tenants are abusing / threatening anyone Society /guard could call the police, lodge a case and pursue it further.

5) Not following the Society's rules could lead to withdrawal of services offered - lifting the Entrance Gates by he Guards, for example.

At the same time, a discriminatory practice as cited by you would not hold in law, if challenged legally. More so if this was not part of the Society's original AOA. Much better to incorporate regulations in line with laws- nuisance, abuse, loud parties after 10 PM etc.

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T. Kalaiselvan, Advocate (Advocate) 27 December 2014

The MCof the society, if the flat owner's tenants are found to be involved in the alleged nuisance to the fellow residents of the society, can very well initiate action in this regard as envisaged in the society rules and by laws. Ask the secretary/president to act swiftly.