What tenants need to know before renting an apartment in a housing society

The urban sprawl has left a lot of people hunting for houses in metropolitan cities. People looking for jobs are relocating to cities like Delhi, Mumbai, and Bangalore day by day but the hassle of looking for a good house is stopping many of them from starting a comfortable life. 

Renting property is always a tricky task for both the owners and the tenants. When looking to rent a house in a housing society, tenants will have a number of questions like, what are the tenant rules and guidelines? Can the tenant be asked to evacuate without proper notice? Can the housing society deny the tenant a house etc? If you are looking to rent an apartment, we have the answers to all your questions.

Here’s all you need to know before renting an apartment in a housing society:

Housing societies can frame their own by-laws

A number of housing societies can frame their own laws. When a Resident Welfare Association (RWA) is formed, at the time of registration, the members create broad guidelines or by-laws. These tenant rules and tenant guidelines are crucial for any housing society’s day-to-day functioning. 

A resident welfare association is a Non-governmental organization that represents the interests of the residents of a specific urban or suburban locality.

1. Housing society by-laws hold strong precedence

The by-laws created by the housing society association members are strong since they have been framed under the Co-operative Societies Act which is a central act. The by-laws help societies lay out specific guidelines and structure for the governance of the association, accounting practices, common area maintenance rights etc. According to experts, this Act gives society the flexibility to add the tenant guidelines of their own. For example, if the tenancy agreement states that the tenant cannot park their vehicle in the allotted parking space, then the housing society has every right to enforce this rule.

2. Housing society by-laws can be challenged in the court of law

If any of the society’s by-laws affect the fundamental or basic human rights of an individual, these by-laws can be challenged in court. Every citizen of the country has the right to reside anywhere without any discrimination. A tenant can file a police complaint against any housing society that hasn’t been fair to the tenant. The tenant can claim that it’s a violation of his or her right as a citizen. 

3. Housing societies can overrule a flat owner

It is within the legal right of the owners to lease their property to whoever they want but the housing societies have a major role to play. Even though they have no constitutional right, housing societies are legally empowered to deny tenancy based on their by-laws. In case these by-laws affect the basic human rights of a person, they can be challenged in the court of law. 

4. Housing societies can charge more from owners leasing their property

Housing societies can impose additional maintenance charges on apartment owners who have leased out their property. Housing societies are legally allowed to do so under The Societies Act. After all, formalities are in place with the rent agreement from the flat owners, the tenant is required to provide a letter to the society for tenancy. 

5. Housing societies can deny housing to single tenants

Are you single and looking to rent an apartment? It is a common occurrence in metropolitan cities for bachelors to be denied tenancy by landlords and gated communities who are often legally empowered to do so. RWAs believe that as compared to families living on rent, bachelors are not able to provide stable incomes because of their jobs. A number of times, tenants are denied tenancy based on their food preferences and in some worse cases, even based on their religion. If the owner of the house agrees to give the house on rent, it’s a difficult task to get a no-objection certificate (NOC) from the housing society. 

With people flocking to the urban areas, housing societies offer a one-stop solution with great apartments and facilities. Living on rent in a housing society is a whole new ballgame if you haven’t experienced it before. With societies forming their own by-laws, the housing society tenants rules have been set in place for the society’s smooth running. If you fit the bill, you can rent and live in your dream house.

Read: Tenant Verification in Gated Societies: Why and How to Do it?

Read: How to Register a Complaint Against Housing Society

Read: Apartments Pet Rules

About MyGate

MyGate is India’s largest society management software, benefiting thousands of housing societies, developers, society facility managers, and millions of homeowners in every Indian city.

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