Housing Society Vs. Flat owner & Rental Rights of students
Housing Society Vs. Landlord & Rental rights of Students
Pune is considered as “Oxford of India” – an educational hub of India for lakhs of national and foreign students.
In recent in Free Press Journal, there was news on Court’s order protecting students rental rights applauded by the landlord and the students.
On going through the order dated 6.7.2023 passed by the Cooperative Court in Dispute No.08 of 2023, there were number of complaints against student-tenants in Vanraj Cooperative Housing Society. The Society unanimously passed Resolution dated 17.7.2022 directing its members – landlords to remove students- tenants from their flats and on their failure to levy Rs.10,000/- per month.
The Resolution was passed in terms of Bye-law No.43 of Society Byelaws providing for its previous permission to sub-let or give on leave and licence basis its flats
By the order dated 6.7.2023, the Cooperative Court has restrained the Society from implementing the said Resolution on the ground that the Maharashtra Cooperative Societies Act, 1960, the Rules and also bye-laws of the Society do not give any power to decide as to who will be the tenants of the buildings and/or ban particular person or group to be tenant.
It was found that as per Model Bye-law No.42(2), the permission of the Society to sublet the flat is not required..
Although the of rights of students to become tenant in a housing society are protected, still they are required to conduct themselves in proper manner, else the society may take action as per civil or criminal laws.
Pune: Court’s Order Protecting Students’ Rental Rights Applauded By Landlord And Students (msn.com)
