India  |  Landlord & Tenant Law

Legal Question

Asked on: 8/01/13, 6:08 am

Hi, i am staying in a housing society in the Vasai-Virar area. i have been a tenant in this society for almost 2 to 2.5 yrs.. My current owner has sold his flat & has asked me to vacate. Now, i have found a similar flat on rent basis in the same society.. The owner of the new flat has agreed to give the flat on rent to me.. However, the society is refusing me to continue in the society & has asked me to leave the society. Is this legal ? & what rights do i have as a tenant ?? Initialy they said, my pet dog was a concern, then they said, pets are not of concern, But according to their society rules, they cannot allow a tenant to continue beyond 2 yrs ..Pls advice ..

1 Answer


Answered on: 8/01/13, 6:20 am by Fca Prashant Chavan

01.08.2013

Dear Sir / Madam,

No, the Society cannot object to the new Owner-Member of the Society giving his flat on Leave and License to you, especially if your antecedents in the Society with the previous owner and other neighbours have been cordial and good. You are entitled to lease the flat with the new Owner-Member as you owe allegiance to the Owner-Member and not the Society.

There is no such bye-law or rule that a Licensee is not permitted to be staying in the Society for more than two years. The Society is merely trying to find excuses for your exit, when they are legally entitled and are supposed to charge the Non-Occupancy Charges (not exceeding 10% of the monthly Maintenance charges) in the bill of the Owner-Member. (Reply No. 12-August, 2013).

Regards,


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