prashant khokhar 01 May 2024

Rwa not letting me rent out my flat to single/ non salaried people

The RWA of my residential complex is making arbitrary rules as regards to whom I can rent out my flat and being overall very non-cooperative. As per the SOP for giving NOC to a potential tenant, there is no such restriction, but over e-mail and personal interactions, they have point blank said that they will not entertain applications from single / unmarried/ non salaried applicants. I may have been Ok with it but I am losing out on rent and I am paying EMIs towards mortgage. In this regard, my questions are as follows:

1) Since they have been careful enough to not mention these unconstitutional demands in their SOPs, can they stop me from renting out my flat in any way? Do I necessarily need to go through them? I don't have many options to seek remedy if they don't put it in writing.

2) Are RWA rules ratified by any authority or are they allowed to run the complex as per their whims?

3) If at all I need to seek legal recourse, where can I go? Registrar of societies or the civil court?

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2 Replies

T. Kalaiselvan, Advocate (Advocate) 01 May 2024

1. The right to rent out one's tenement at pleasure belongs to every member of society, and bachelors and spinsters are not subject to social restrictions. The new model byelaws no longer require the society's previous approval in order to provide flats on a leave and licence basis. No restrictions can be imposed on the flat owners in this regard.

You issue a legal notice instructing them to refrain from interfering in your personal liberty or to face legal consequences.

2. The present rules are the brain child of some sadistic mentality people.

3. You can approach court of law with a suit for permanent injunction against the RWA.

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer) 21 May 2024

In which State are you? What kind of association is yours, is it a co-operative society? What is SOP? If you let out your premises, does anyone physically prevent the tenant from entering the premises? Be complete in your disclosure.