Rajan Kumar 01 June 2024

Maintenance charges of unoccupied apartment

Dear Madam/ Sir,

What would be the logical charges chargeable as Maintenance charges of unoccupied apartment; can it be equal to the charges for occupied apartment(s)?

What is the legal standpoint on this/ any precedence exists in this matter?

Regards,

Rajan

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Quick Summary

This discussion explores the legitimacy of maintenance charges for unoccupied apartments. The general legal consensus is that maintenance fees are levied per unit, irrespective of whether the apartment is occupied or vacant. These charges are typically determined by the association's bylaws and cover common area upkeep, meaning owners of vacant flats are usually liable for the full amount.

2 Replies

P. Venu (Advocate) 01 June 2024

The settled legal position is that in an apartment complex, maintenance charges are required to be paid unitwise. To my knowledge, area of the unit or whether occupied are of no consequence.

T. Kalaiselvan, Advocate (Advocate) 01 June 2024

The maintenance charges for the common areas of the RWA is charged as per the bylaws of the association and it is immaterial wheher the flat is occupied or remains vacant.