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Society asking for security deposit from rented flat owners
22-Sep-2023 (In Landlord/Tenant Law)
My society just passed rule in AGM i.e. rented flat owners (members) have to keep rs 15000 as no interest on security deposit for any leakage problem or any other issue. The decision was taken due to particular flat. But society asking security deposit from all rented flat owners. My query is can society take security deposits from all rented flats for misconduct from any one of flat owners?
Second issue is i.e Is it mandatory to take NOC from society for renewal of LL agreement?
This is my response to you:
1. Is this rule incorporated in the bye-laws or are they amended?
2. The society can make such a rule, provided certain legal validity is given to the same;
3. They may have to obtain permission of the Registrar;
4. Though if there is leakage in one of the flats then only the owner of that flat will be liable to pay;
5. For renewal of LL Agreement, NOC will always be required. This is because society gave NOC for only the first agreement;
6. You will have to consult a lawyer, show him/her your document relating to the rule then best opinion can be given.
1. Is this rule incorporated in the bye-laws or are they amended?
2. The society can make such a rule, provided certain legal validity is given to the same;
3. They may have to obtain permission of the Registrar;
4. Though if there is leakage in one of the flats then only the owner of that flat will be liable to pay;
5. For renewal of LL Agreement, NOC will always be required. This is because society gave NOC for only the first agreement;
6. You will have to consult a lawyer, show him/her your document relating to the rule then best opinion can be given.
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Adv. Gowaal Padavi
Mumbai | 500+ Answers
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