Society matter
francis
(Querist) 04 January 2012
This query is : Resolved
How can we ristic the society from keeping tenant,is there any way we can do that,please help.....the tenant are a nusiance and they are the one who disturb the peace of the society in all way,there are 12 flats in the society out of which 4 are given on rent,should the owner of the flat needs to take permission from the society before giving the flat on rent or can he give it without permission,does the tenant have right to use the terrace, parking space of the society,suppose the tenant starts to disturb the atmosphere of the society and the chairman does not take any action then what can be done,can we screw the society for this because the flat owner is only interested with the tenant money so he is not bothered at all,can a police complain be given to stop the society from keeping tenant in the society,actually these flat are all mhada,maharashtra housing and developing association,and to my knowledge they are not allowed to keep tenant, is that true........the tenant that are staying have not done police verification also can i apply through rti to get that information,will the police give me that information or no.......people involved are
1) society chairman
2) agent
3) house owner
4) tenant
for all of them should be blamed..................
Nadeem Qureshi
(Expert) 04 January 2012
Dear Francis
It is depends on Bye-laws of the society & Constitution of Society. You or society have no rights to restrict anyone to rent out his/her flat, but if the society bye-laws or constitution permitted only then the society/you can restrict him/her.
so What are the Bye-laws of the society, it is based?
ajay sethi
(Expert) 04 January 2012
under bye laws adopted by cooperative socities in mumbai prior permission of society is must if you want to give your flat on leave and licence basis . also police verification is must as cops have directed societies not to permit flats be given on rent unless police verification is done
Deepak Nair
(Expert) 05 January 2012
Normally, the NOC of the society is to be taken bofore giving the flat on rent.
You can definitely make RTI application.
Shonee Kapoor
(Expert) 05 January 2012
Rightly advised by Mr. Sethi,
However I don't find any scopr of RTI as advised by Mr. Nair.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
V.T.Venkataram
(Expert) 05 January 2012
It depends upon the byelaws of society. The owner of a flat can rent out his flat for any person for any rent, BUT THE TENANT IS BOUND BY THE BYE LAWS OF THE ASSOCIATION , and the tenant has no right to to disturb the atmosphere of the society. If any one or many of the office bearers are mute spectators to such kind of nuisance, please file a report with the police citing the tenant as accused and others as coaccused.
V R SHROFF
(Expert) 06 January 2012
AGREED WITH SHRI SETHI
society should not issue NOC, and also insist on Police NOC.
Complaint to Registrar, if Society Managing Committee for misusing their power and authority , get inquiry.
Start cri dispute with tenant, nuisance, abuse, anything that lead to crminal proceedings against tenants.
A member can directly ask Society, and Society is bound to reply you.
V R SHROFF
(Expert) 26 February 2012
Francis
****************************
You says "Tenant that are staying have not done police verification also," and if you fear danger to your family, Police have to take action. As you are their neighbour, and badly affected by their nuisance.
