• Rights of tenants

What are the rights of tenants staying in residential apartments in Mumbai?
My wife’s bike is removed from shelter parking and kept in hot sun. There is no parking available to tenants. When asked to the watchman he tells me that secretary had informed him and he had to follow without information to my wife.
Also my car logo was robbed as I have a parking problem and I park it on the road. 
Owners association had said that allotment would happen, I can rent the parking space and it is more than a year now.
Can you help me here to get the video record from the owners association and involving police?
I did send a whatsapp message to my owner.
Asked 7 years ago in Civil Law

10 answers received in 1 day.

Lawyers are available now to answer your questions.

12 Answers

Sit your landlord can get you parking alloted in parking if there is no sperate clause of making for Tennant's in bio law the guard and the association cannot touch your property without your information.

Ask your landlord to give an legal notice for allotment of parking against his flat for his use and/or for his tenants residing there.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

As per the co-operative societies act, only members can occupy and use parking space. In case of excess parking, the managing committee is free to allot the space to a resident on payment

.2)  The charge is to be fixed by the general body and is binding on the residents. A society should not and cannot discriminate, as the parking rules are governed by the Developmental Control Rules and Fire Acts and if the owner is eligible, then, the tenant should also get the benefit.

 

3) a car parking space allotted to the owner, can be used by the tenant, as he has full rights over it. 

Ajay Sethi
Advocate, Mumbai
99856 Answers
8148 Consultations

If your licensor is allotted a car park then you can use that and society should not have a problem 

However if your licensor is not allotted any car park then he needs to apply to society and you cannot as of right demand such car parking from society 

If there is a disparity between number of flats and car park spaces, that is, if there are more flats/members than car parking, then society members will be given first preference. The allotment in that case would happen by a draw of lots and if your licensor doesn't get an allotment in such draw then there's nothing which he can do until the next round of draw of lots when he can expect an allotment 

Yusuf Rampurawala
Advocate, Mumbai
7903 Answers
79 Consultations

1. Well, if the bye laws of the society does not allow tenant to park vehicle inside the society complex then the tenant can not do so.

2. However if the landlord has a parking space and he had given on rent the said space along his flat then he can do so without any hindrance.

3. However the society can not take out any vehicle parked inside without the consent and while doing so if any damage is caused to the vehicle then you can recover damage from it.

Devajyoti Barman
Advocate, Kolkata
23656 Answers
537 Consultations

1. Tenant's rights originate from the rent agreement/lease deed. If the landlord had been allotted parking space and there is a specific provision in the rent agreement which says that tenant can park in the space allotted to the landlord then association/society cannot stop the tenant from parking in that space.

2. Serve a lawyer's notice to the association to not to disturb your peaceful possession of the property, and if they still do not mend their ways then a FIR under Section 323 can be lodged apart from filing a suit for permanent injunction before the civil court.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

This is the responsibility of the land lord to provide the designated parking space related to the apartment.

The RWA manages the society as per the approval of the residents and if the executives are based then you can approchapto the registrar of societies through your land lord as eventually you have nothing to represent as owner.

You have all the rights through your tenancy except voting in election.

The video recording can be obtained by the police but can not be provided to individual.

Vimlesh Prasad Mishra
Advocate, Lucknow
6851 Answers
23 Consultations

1) Development Control Rules, framed under the Maharashtra Regional and Town Planning (MRTP) Act, 1966, state that a tenant cannot be denied parking. 

2) a car parking space allotted to the owner, can be used by the tenant, as he has full rights over it. 

 

Mohammed Mujeeb
Advocate, Hyderabad
19337 Answers
32 Consultations

1) FIrst check is there any bylaws created by the association regarding tenants parking issue.

 

2) If Tenant has Two Wheeler and Four Wheeler  vehicle then association pay charge extra amount in the maintenance as parking charges. They can't deny you to park your vehicle in parking slot as your owner has rights to park in the parking.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

Sir, first be cool and don't think that tenants are not human beings. Sir , every Housing Society has its own rules and regulations which may be different on some aspects but are same on all the points , regarding parking the parking allotted to your flat is the right place and you have right to park there your vehicles if some one is raising trouble then file an application to the Police Commissioner with a copy to the SSP saheb which will be treated as a complaint as this is nothing but only nuisance. Police department definitely will help you and you will get the relief.

Koshal Kumar Vatsa
Advocate, Gurgaon
2282 Answers
3 Consultations

Hello,

What does your agreement with the landlord mentions about the parking in the premises? 

Regards 

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

You can take the support of your owner for getting the relief for all such things.

Since the association has promised to allot parking space you may wait until then.

Also dont allow someone to remove the vehicle from the shelter other than the association itself, if somebody does so and you know them then you can lodge a complaint against them for damaging your property.

This will create fear on others also hence they will keep off from such activities.

T Kalaiselvan
Advocate, Vellore
90058 Answers
2499 Consultations

Yes you can contact your owner. There is a provision for parking of tenants in Society. You can Complaint to Dy. Registrar for the same

Prashant Nayak
Advocate, Mumbai
34572 Answers
249 Consultations

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer