1. Firstly you must know that the person occupying the premises must obtain license for running commercial premises;
2. Also ask if police verification process has been completed or not?
3. Then if the building is as for residential purposes and used for commercial activities then you can file a formal complaint to the municipal authorities;
4. You can also file an NC if not FIR for breach of peace being caused;
5. This can be both civil and criminal matter, so consult a local lawyer and take steps.
Sorry, this lawyer can't accept your request, but you can request consultation with another lawyer
Residential flat is being rented out to oyo ,causing disturbances in the flat premises
We recently brought a 4 bhk flat in Guwahati in the 3rd floor of a 4 storeyd building, the owner of the building sold out 4 out of the 12 flats in the building to 3 families (we bought two 2 bhks). After a few months after we bought the property the other part of the building (1st floor and Second floor ) was rented out to oyorooms . Now there is chaos in the apartment premises on a regular basis with couples being the majority of lodgers in the oyo( ofcourse oyos policy allows that) and regular late night parties are common . Now my father who is a first stage dementia patient is always angry on the owners of the oyo and the apartment owner , due to this he is mentally disturbed and remains irritated towrds my mom n me as well . The owner claims to have god a commercial lisence for the two floors when we approached him . Also there is no formal society because we are only three families residing in the apartment .Our immediate neighbour who occupies the opposite part in the third floor is equally frustrated of all these regular chaos . What legal action can we take against the owner now. How do we get rid of the oyo.
Asked 7 years ago in Property Law
Religion: Hindu
10 Answers
File suit and seek court orders restraining neighbor from giving premises to oyo on rent
2) mention that on account of premises given to oyo are being used by occupants for late night parties
3) that boarders of premises keep on changing and it is nuisance for residents
4)also file police complaint against occupants if you are disturbed by their late night parties
Dear Client,
Call the police, above seen amounts to nuisance and punishable offense, What license oyo may have but law dose not permit disturbance to neighbors. Also complain of illegal activities in the room. Police will prohibit everything.
If it's a nuisance then an file a police Complaint. You can't object for couple being checking in as there is no law to stop them. You can only challenge the nuisance you are facing due the music at late hours
if there is nuisance, annoyance and disturbance due to the OYO rooms, you will have to file a police complaint against the owner
legally he cannot be stopped from letting out his premises to OYO rooms because there is no society in place which has placed any restriction against such letting out
also as long as the owner lets out the rooms and takes care of the convenience of other occupants in the building, there is nothing much that can be done legally against him, except a tort action by filing a police complaint as above if there is any nuisance or annoyance by his licensees to the building residents
See if there is permission with the owner to operate Oyo then in that case if nuisance is there then only police complaint can be lodged against them.
Further you can give a legal notice and formal written complaint to municipal corporation seeking the approvals wherein they have been given permission to operate commercial hotel in a residential premises.
1. You can file a Police FIR, requesting investigation and charge-sheet, for offences like Harassment, Nuisance, Intimidation against the person/s, 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. ALSO call "100" (police control room number) and report the loud noises, parties, liquor, drugs. They would do the needful, in the interest of the residents.
- As per the information mentioned in the present query, makes it clear that you all have been subjected to nuisance, and the same has legal remedy also.
- If the builder is having the commercial licence for the same then he would not have had given it to you for residential purpose.
- It is illegal to use one part of the building as residential and another as commercial, creating nuisance for residential members.
- I would advice you all to approach the civil court of law without even easting a single minute, and file a suit for permanent injunction for stopping the nuisance created by then for you all.
- You would surely get relief as there is a remedy in law for people like you, but make sure that you get a good drafted case and a strong argument before the judge.
Hi,
You may send a legal notice to the owner for stopping the nuisance and if not stopped, file a suit for injunction against the owner.
Since your father has rented out the rooms to oyo he cannot object to this issue at this stage.
Alternately he can issue a notice to the tenant i.e., oyo management to vacate the premises due to the continuing chaos and problems which are nuisance and disturbing peace in the premises.
After that he can approach court with an eviction suit.
If your father has not rented out the rooms, then he may give a complaint with the local police for the nuisance created by the occupiers of the rooms.
