Society asking to evict bachelor tenants what can be done

775 votes

Hi,
please confirm whether you are a tenant or a licensee and what form of society has passed the aforesaid resolution, if any (tenants society or co-op hsg society), if there is a hsg society, how there is a landlord?. If there is nothing in writing, you need to demand documents in writing and if they are forcibly evicting you, you have to file a suit urgently under S.6 of Specific Relief Act before Hon'ble High Court of Bombay or City Civil Court as per the valuation of your premises.

Advocate Rushil Aiya LawRato

754 votes

Dear
Sir/Ma’am
First upon, your society cannot compel your owner unless and until if he has given in writing, also society cannot tell that, do not rent to bachelor person in their housing society. These rules are made by your society members only, there is no any such kind of rule .
But dear sir/maa’m my advice is that , first upon you plz go through the clause/s of your Leave and License Agreement, whether your landlord has any right to tell you to vacate the said flat for any reason, which was not mentioned in your rental agreement or any clause regarding bachelor.
Plz tell both of them, your society as well as your landlord to show me the legal provision on that. If they are saying, “ to vacate the rented premises because the society passed a resolution that bachelor tenants must not be allowed in the society” then tell them to give us in writing.
Also tell me when you have entered in leave and license agreement and the date when society passed such kind of resolution. If you have entered in rental agreement prior to pass resolution, then you can claim compensation from both of them. Bcaz at the time of agreement no one has informed you such kind of rule regarding bachelor.
But assuming that , if your owner has signed any kind of Agreement / Contract or by laws of society (prior to rental agreement with you) where having a clause, “ not to sublet to bachelors” then only they have right to tell you to vacate the flat. But after that if owner and you have entered into leave and license agreement then we can say that your owner is in breach of the agreement/contract or by-laws which he was entered with the society. Then you can claim compensation from your owner as he has not informed you such kind of rule prior to execute rental agreement .
You are only bound to your rental agreement and its terms and conditions but if you breach any clause of your rental agreement or any rule then in that case only, they have right to tell you to vacate the said flat, otherwise no one is liable to disturb your possession till the time as per your rental agreement.

Advocate Arya Ambre LawRato