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Society is asking to remove the Bachelor Tenant what can I do


06-Jun-2023 (In Landlord/Tenant Law)
My tenant is staying in my flat for last 4+ years, every year we renew the agreement for one year, this year is his 5th year, now the Society is asking to remove the Bachelor Tenant from my flat and they have passed a rule in the society no one can give flat to a bachelor tenant. When asken them why we cannot give flats to Bachelor tenants - the society committee member said - the tenant has female visitors whats why. Does Society have right to force the owner to remove tenant ? Can i ask them to let him complete this year and then next will year will give my flat on rent to a family.
Answers (1)

Answer #1
237 votes
Technically, the owner of the house has the right to sell, rent out, lease or otherwise dispose of the property as he pleases. Since this particular apartment is in a housing society, I am assuming that there may be a chance that the owners may have signed a contract with the society. Or there could be a society by-laws document. 

Then, it will depend on the contract between the owners of the houses who are members of the housing societies. Often, there is nothing of relevance to your question in this document between the owners of houses and society. 

However, they have these meetings etc. where they decide questions relating to the society, e.g., fire drills, maintenance etc. During these meetings, they decide upon and make unreasonable regulations such as the one that you have pointed out in your question.

The answer to your question is - Ordinarily, the housing society cannot legally compel the landlords to not rent their apartments to certain persons based on their marital status.  Such a condition is nonsensical and against public interest. 

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

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