Who will pay the non occupancy fees in a society


Hi, A society has recently been formed for our building. The society is now charging non occupancy fees along with maintenance. I want to ask you if the non occupancy fees are to be paid by tenants or by the landlord's to the society?

Answers (3)


187 votes

This is my response to you:
1. The landlord is supposed to pay the non-occupancy charges;

2. If the society is charging you the same, then write and send a official letter to them stating that by law you are not obligated to pay;

3. You can also send a legal notice to them, forwarded to the owner/landlord.


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162 votes

Hi
This something interesting for me, because under Mah. Come up society or bye laws framed there under , I have not seen any concept of ' non occupancy' fee or charges. So far as maintenance charges are concerned, it is to be paid by the owner, unless contrary to the terms.and condition of agreement with tenant. But I am having doubt about santiry of charging ' non occupancy' charges by society. It required second thought.

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As per model bye laws of co-operative society, Society can charge non-occupancy charges. The Owner of unit (member of society) have to pay the non-occupancy charges but if the tenant mutually accepted to pay the maintenance charges and non-occupancy of the unit as per tenancy agreement, then the owner can collect such charges from tenant otherwise the owner have to pay the non-occupancy charges. If tenancy charges mentioned in the tenancy agreement is inclusive of maintenance and non-occupancy charges, then you don't required to pay it additionally. Please check your tenancy agreement.

Non occupancy charges are levied in case the ownership of a property has been transferred to the owner but the unit remain vacant despite being in ready to move condition. However, these are applicable only when the unit is sub-let. These charges are not payable if the unit is not sub-let and remain locked or if the flat is occupied by the family member.

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