Is Tenant-Owner co-stay in single apartment is illegal ?
1 year ago
In my own 4BHK apartment in society. I am staying in a single room and want to rent out the other 3 rooms. i.e. Owner and tenants/paying guests will be staying in a single house. Once we made an agreement, we submitted it to the society office to get access cards for the amenities present.
They sent us back saying it's not legally allowed as it's falling under subletting. Even after asking multiple times, a written statement is not given, nor a copy of the rules stating the same is provided.
So I need clarification on this,
1. Does this scenario fall under subletting instead of Paying Guests?
2. Is it legally restricted in Karnataka, Bangalore?
3. Society can decide its own rules even though bachelor/co-live tenants are allowed in other apartments?
4. At one point if they deny it unanimously, is it right to fight legally against this?
Please suggest if anything is wrong or I need to look at it differently.
Pls find answers as below for your queries.
Does this scenario fall under subletting instead of Paying Guests?
ANS: - It doesn't come within the definition of sub-letting since u r the owner of the building.
2. Is it legally restricted in Karnataka, Bangalore?
ANS: the Bye-laws can't override general rule of the law and if there is any dispute either u can go to the concerned Deputy Secretary of Co-operative Department or file a civil suit against the management of the society.
3. Society can decide its own rules even though bachelor/co-live tenants are allowed in other apartments?
ANS: In the recent days, Society exercising powers as if the management/the executive members, as the owners of the entire Apartments. Such endorsements and activities may be struck down by the Civil Court.
4. At one point if they deny it unanimously, is it right to fight legally against this?
ANS: If they deny, u can prefer representation before concerned govt authorities or go to civil court.
Anonymous
Replied 1 year ago
Thank you very much for the clarification!
Will await their response for a week before proceeding with Civil Suit.
Anonymous
Replied 1 year ago
Another quick question,
Do similar rules of Tenants apply to Paying Guests or it has differences and fall under commercial activity with a different set of rules?
Anonymous
Replied 1 year ago
Just to be clear again, this scenario falls in RENTING and nothing else?
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