• Are there any rights of bachelor tenants to protect against unfair treatments from apartment society

I am a bachelor tenant living in a shared apartment that was listed on a popular online property portal. The apartment was listed as a pet friendly accommodation while registering on the profile on the app or online portal. After moving-in, we were subject to several oppositions from the apartment society that issued notices to home owners to not rent out the houses to bachelor tenants and gave two months notice for moving out. Our landlord silenced the association's objections as they don't have legal rights to decide who should reside as tenants. Although we have our owner by our side, the society is making new laws and changes that are not documented just to evict bachelor tenants. They have now opposing against tenants who have pets and have given ten days notice to send the pet away. I called the online/app where the property was listed and tried looking for content that was said this was pet friendly. Its removed and we were not informed. 
My concern with the society is:
Where should the line be drawn for their interference? Can this be outlined legally in a document?
 What are my rights as a bachelor tenant for safety from the association's biased behavior, moral policing and unfair eviction?
My owner is willing to offer us complete support to safeguard us but the apartment association are always looking to drive us out. It is causing mental stress and their discrimination on the grounds of my marital status is very hard to deal with everyday. Please help!
Asked 7 years ago in Constitutional Law

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11 Answers

Dear Client,

As per circular of Animal Welfare Board of India, Housing societies have no right to form laws regarding pets; they cannot even ask pet-owners to keep their animals on a leash or impose special charges on them. In such case consumer court in 2008 imposed a fine of Rs 5,000 on the society, holding that its decision to prevent pets from using lift without any valid reason amounted to "deficiency in service".

Eviction of tenant can be possible through recourse of law and society by laws have no implication over rent act , further owner is free to put his property on rent to any of his choice, non can force him/her.

Avoid them say straight, tell them straight can do whatever they can, As per law - they can`t do anything.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

Association cannot discriminate against bachelors

2) you are at liberty to keep pets

3) association cannot restain you from keeping pets in house

4) The Animal Welfare Board of India has passed by-laws on keeping pet dogs in apartments. If you are living in a society apartment, you should be aware of these laws and make sure no one harasses you for keeping a pet in your apartment

Rules & By-Laws for pet owners living in society apartments:

Any civic body (Resident Welfare Association – RWA) does not have the right to ban residents from keeping pets in their apartments, not even by getting a majority vote in the society with the help of other tenants or residents.

Any discrimination over size or type of pet breed is not allowed in a housing society.

No ban can be imposed on pet owners due to their dog’s barking habits.

No ban can be imposed on keeping pets in apartments, even after amendment of society bye-laws and regulations.

If a pet owner abide by the municipal laws regarding pets then no society civic body has the right to ban the pets or their owners from the society.

The full content of the AWBI circular is given here:

20th February, 2014

TO WHOMSOEVER THIS MAY CONCERN

SUBJECT: PET DOGS AND STREET DOGS – THE BOARD’S REVISED CIRCULAR

This Circular is being issued in place of an earlier Circular on this subject, dated 1st February, 2014. It seeks to supplement what was earlier issued, and to add to it ; and the Circular of 1st February, 2014, stands hereby withdrawn.

The Board is acting in response to several requests received, to lend clarity and provide answers to recurring vexed questions. What I state below, is based on inputs received from the Board’s legal members and lawyers, on the correct position in law with respect to various aspects concerning pet dogs and street dogs.

The issuance of this Circular has also been necessitated because it is well known that in recent times, RWAs, Apartment Owners’ Associations, Cooperative Group Housing Societies, and other gated complexes have taken to imposing many unreasonable restrictions on pet owning residents, such as disallowing the use of lifts or parks by pets, or even banning pets altogether. They’re also known to frequently encourage mistreatment, dislocation, and dumping of street dogs. Moreover, compassionate persons that wish to tend to and feed street dogs are often discouraged, and pressurized to refrain from doing so. There is widespread resentment against these moves, which apart from being unreasonable, are also unlawful and against recent court rulings.

As an RWA, or an Apartment Owners’ Association, Cooperative Group Housing Society, gated complex, etc., you may often be getting complaints regarding street dogs, and requests that they be driven away, through beatings by security guards or otherwise, or just dumped elsewhere. If you accede to these requests, you will not only be violating laws and pronouncements of courts, but will not achieve any permanent solution either. The problem will become perennial; and you will also run afoul of animal welfare people that are increasing in number by the day, and banding themselves into well organized groups.

Set out below, are some DOs and DONTs, with respect to PET DOGS & STREET DOGS.

I. WITH RESPECT TO PET DOGS & PET OWNING RESIDENTS: What you CANNOT do :-

BANNING pets, whether allowed :

a) Even by obtaining consensus, or even if the majority of the residents want it, you cannot legally introduce any sort of ‘ban’ on the keeping of pet dogs by residents. You cannot insist that ‘small sized’ dogs is acceptable, and ‘large sized’ dogs are not. You cannot cite dog barking as a valid and compelling reason for any ban sought to be introduced by you.

b) Even by amending bye-laws or regulations or otherwise, such a ‘ban’ cannot be put into place since it is illegal, and does not have the sanction of law. In fact, in trying to ‘ban’ pets, or limit their number, you interfere with a fundamental freedom guaranteed to the citizens of India, i.e. the freedom to choose the life they wish to live, which includes facets such as living with or without companion animals.

c) If the residents that have pets are not violating any municipal or other laws, you cannot object. The general body cannot frame or amend bye-laws that are at variance with the laws of the country. Even by a complete majority, a general body cannot adopt an illegality. Please remember, you do not have the right to legislate, and ‘lay down law’ for residents, and apartment owners or even tenants.

Use of LIFTS by pets :

d) There are court rulings to the effect that pets cannot be disallowed from the use of lifts ; and no charges can be imposed either, by housing societies for the use of lifts by pets. One court is in fact known to have observed that dogs are family, and can use lifts for free. Please ensure that this sort of restriction is not therefore imposed – neither a ban, nor any special charges for the use of lifts by pets.

Use of PARKS by pets :

e) Banning pets from gardens or parks, is short-sighted. Firstly, you may or may not own the garden or park in question. Secondly, pets that are not properly exercised may show aggression in frustration; and that, surely, cannot contribute to the benefit of the residents. It may be better to fix timings when pets can be walked without inconvenience to other residents. These timings can then be intimated to the general body.

Use of leashes / muzzles by pet owners, defecation by pets in community premises, imposition of fines and other similar measures :

f) You can request pet owners to keep their pets on leash, when walking them in common areas. You cannot however insist on the use of muzzles. Please remember, the law already provides for penalties for negligent pet owners, which the aggrieved parties can avail of.

g) In the absence of central or state laws requiring cleaning of pet excreta by pet owners, you cannot impose any rule, regulation or bye-law, with respect to mandatory cleaning of the same, or impose special charges or fines on pet owners. You can, of course, request them to do so.

h) You can also experiment with the creation of various pet defecation areas within community premises. These can be imaginatively spaced out within the precincts, and you can request pet owners to train their pets into using the same. You cannot however impose fines and special charges of any kind on pet owners, because there is no mandate in law for the same.

Intimidation :

i) Lastly, please also always bear in mind that if any association succeeds in intimidating a pet owner into ‘giving up’ or ‘abandoning’ a pet, it will actually have abetted violation of law; and may well be aggravating the menace of ownerless animals on the street, that are not accustomed to living on the street and therefore get involved in and lead to accidents, injuries and deaths. Please also bear in mind that intimidation is an offense in law.

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

Hello

The apartment has been leased out to you under certain terms and conditions which should not be violated. Other than that...everything the so called moral majority says or demands is bulls**t. You dont have to listen to them and they cannot unnecessarily interfere in you choice of food pets or sexual orientation as that would be in violation of your rights.

Therefore reply in strict terms against any such behaviour and in case the owner too succumbs to the pressure......demand adequate compensation for your discomfort and shifting and demand return of the rent amount and move on.

Regards

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

Sir there is circular regarding keeping the oets in flats from Animal wlefare board further the housing socities act and association acts doesn't restrict the tenants from keeping pets in the flat further they cannot evict.younom such arbitrary grounds if there is space they can report police but cannot evict you without court orders .

Serve a legal notice to society for this mental.harrasment and unnecessary and arbitrary order wherein under law they have no such power to pass such bye laws.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Every citizen of India and non-citizens, have been granted fundamental rights under the Indian Constitution, to stay (reside) anywhere in India, BUT except in prohibited and restricted areas.

If any bye-laws of any society put such restriction on such basis,I still see ray of hope in your case. File a writ-petition under Art.(226)of COI stating about violation of Art.(19) of COI that you have been denied a dignified life.

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

1. your landlord will have to take the matter legally with the society

2. society cannot make absurd restrictions like not renting flat to bachelors, not allowing pets etc

3. ask society to provide bye laws and point out the exact provision under which they are making such unilateral rules

4. you cannot do anything against the society. Your remedy lies with your landlord who has to actively agitate against the society's attitutde

Yusuf Rampurawala
Advocate, Mumbai
7899 Answers
79 Consultations

Dear Sir,

Association cannot curtail the rights of owners to rent out buildings/apartments to the bachelors. There is no law still enacted in Karnataka. you can get issue a legal notice and then yourself and your owner can file suit for permanent injunction against on such persons restraining them from interfering with your peaceful possession and enjoyment with all other related basic necessities like electricity, water facility. The general rights and duties of tenants are as follows.

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Rights and Duties of residents and Tenants in an apartment society

Rights of the residents in an apartment society:

• Every apartment owner is obliged to be a member of the apartment association which is formed for the welfare of the people.

• If it is a joint ownership, the first person named in the title document will be the member.

• Every apartment owner will be bound by the bye-laws.

• Residents of apartment are either apartment owners or tenants.

• All apartment owners are termed as members of society or association and all tenants who are staying in the apartment on a rented basis are termed as associate members.

• A resident has the right to attend the general assembly meeting and discuss the subjects.

• A resident has the right to get a copy of the co-operative society act and the bye-law.

• A resident has the right to get the list of members and managing committee.

• A resident has the right to get reports such as balance sheet, profit and loss A/c, details of income and expenditure of the society.

• A resident should not be discriminated between the members.

• A resident should not be imposed with unlawful restrictions.

• A resident has the right to get attended or addressed about his complaints and grievances.

• A resident has the right to take decision on the rate of contribution regarding the maintenance fee, maintenance and repair fund and sinking fund etc.

• A resident has the right to take decision about the penalty to be charged on members, violating by-laws of the society and to determine its amount.

• A resident has the right to participate in all activities of the society.

• A resident has the right to attend and vote at general body meeting.

• A resident has the right to contest election.

• A resident has the right to seek information from the society.

• A resident has the right to get the minutes of meeting.

• A resident has the right to inspect documents, books and records with prior notice to the management committee.

• A resident has the right to the occupation of flats.

• A resident has the right to complain at the registrar in case of an improper functioning of a society.

• A resident has the right to acquire the share certificate.

• A resident has the right to know about the affairs of the society.

• A resident has the right to transfer/inherit the property.

• A resident has the right to undivided interest of the common areas.

• A resident has the right to use the common area as needed.

Duties of the residents:

• A resident has to follow the regulations created in the general body meeting or managing committee meeting.

• A resident has to provide the necessary information and documents to the registrar or to the society.

• A resident has to follow the rules of the association and obey the bye-law.

• A resident should ensure that they maintain cleanliness in the common areas.

• A resident should respect their neighbours and their privacy.

• A resident should maintain good relationship with their society members.

Rights and duties of a tenant in an apartment society:

Rights of the tenants:

• The tenants have the right to get the leasehold/tenancy agreement.

• The tenant should be aware about the rules of having pets in an apartment.

• The tenants have the right to get proper receipt for the deposit, rent and maintenance paid.

• The tenants have the right to get a copy of bye-law and rules of association.

• The tenants are the associate members of the apartment association.

• The tenants have no right to vote or in an association decision making.

• The tenant should respect their neighbour’s privacy and follow the apartment bye-laws.

• The tenant has the right to use common areas and notify the landlord about any issues.

• The tenant should follow the guidelines for inviting guests and use the common areas.

• The tenant will not be discriminated between the members of the association and themselves.

• The tenants will not have any unlawful restrictions on them.

• The tenants have the right to invite the guests and use the common area or amenities.

• The tenants have the right to get parking badge or sticker on the vehicle.

• The tenants have the right to hire a domestic help.

• The tenants have the right to get apartment staff help like plumber, electrician, carpenter, pest control, etc.

• The tenants have the right to attend the association meeting on behalf of the landlord, if authorised by the owner of the flat in writing and agreed by the managing committee.

Duties of a tenant:

• The tenants are the members of the association and are bound by the bye-laws.

• A tenant should follow the rules and regulations created by the association.

• A tenant should regularly pay the maintenance charges in order to use the common are facilities.

• A tenant should ensure that they pay rent and maintenance fees on time.

• A tenant should interact with the managing committee or the apartment owner concerning the monthly charges.

• A tenant has to maintain the common areas clean.

• Tenants are responsible for the actions of their guests.

• A tenant should have apartment dumpster etiquette.

• A tenant should avoid having big parties or loud get-togethers

Kishan Dutt Kalaskar
Advocate, Bangalore
6230 Answers
499 Consultations

1. You can take this case up pertaining to the discrimination being meted out to the bachelor tenants, in a writ petition that you are free to file in the Karnataka High Court.

2. The above writ needs to be filed with the registered RWA of your Apartments Complex.

3. File a writ as suggested.

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

1. You can file a Police FIR, requesting investigation and charge-sheet, for offences like threatening, intimidation, against such persons, supported with all relevant supporting documents.

2. IF the Police does not take action, THEN you can file private criminal case u/s 156(3) Cr.P.C., in the local Magistrates court, seeking directions to the Police to investigate and file charge sheet.

3. Society has no legal right to refuse any Bachelor Tenants. Society is doing a Criminal offence: http://chshelpforum.com/bachelor-tenants

The above link would give proper perception for your problems.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

The apartment association has no right to remove the bachelor tenants from the apartment.

They may pass any resolution or change the bye laws, but they are all illegal and not maintainable.

The association can question only when there is a nuisance committed by such tenants.

If they still torture you can ask the owner to issue legal notice and file a permanent injunction suit against the association in this regard.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

Hi,

The bye-laws not written or documented can't be forced on any person. You may initiate action against society for unfair treatment.

Ganesh Singh
Advocate, New Delhi
7169 Answers
16 Consultations

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