• Tenant not willing to pay increased parking charges

Ours is tenanted building with we being the landlord of the building and the premises around, Recently one of the tenant refused to make payment citing that revised parking charges not justified . My question can landlord tow the car of the said tenant . Are there any rent act laws protecting tenants for parking 

Other tenants have accepted the revised charges and also made the payment
Asked 2 years ago in Property Law
Religion: Hindu

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11 Answers

You should refuse to permit tenant to park the car in building 

 

let him take legal proceedings 

 

take the defence that parking charges are nominal and only he has refused to pay the charges 

 

you cannot tow away his car 

 

Ajay Sethi
Advocate, Mumbai
99831 Answers
8148 Consultations

You have rented the flat only 

 

there is no agreement regarding permitting car to be parked 

 

rent receipt issued is only for rental charges for flat 

 

just send him letter that on account of his refusal to pay parking charges his vehicle woukd not be permitted parking in the complex 

Ajay Sethi
Advocate, Mumbai
99831 Answers
8148 Consultations

1. you cannot take law in your hands by towing the car of the tenant

2. even the police will not do anything as this is a civil dispute

3. you have no informed how much parking charges you are demanding and how much the tenant is willing to pay

4. just because other tenants have accepted and paid the revised charges would not mean that you can foist the revised charges on the disputing tenant as well

5. the tenant is within his right to dispute the revised charges demanded by you

Yusuf Rampurawala
Advocate, Mumbai
7901 Answers
79 Consultations

Cannot tow the car, criminal offense. 

Only can do to block the parking if he is not paying parking charges.

Yogendra Singh Rajawat
Advocate, Jaipur
23083 Answers
31 Consultations

If the tenant agreed to pay the parking charges to park his vehicle along with the monthly rent, then he is liable for the conditions ,meant therein.

You can ask him to vacate the parking space and don't allow him to park any further.

Towing away his vehicle would be a criminal offence including theft or damage to his vehicle, hence do not indulge in such activities. 

T Kalaiselvan
Advocate, Vellore
90028 Answers
2497 Consultations

The tenant is reported to be in tenancy for over 5 decades.

It is also not known that if the parking space has been mentioned in the rental agreement and whether there was any separate clause fixing the rental amount to the parking space. 

You may have to visit the rental agreement and then take legal action through court and not through police.

The police will not interfere in this civil matter. 

T Kalaiselvan
Advocate, Vellore
90028 Answers
2497 Consultations

Parking is not covered in rent laws but the charges should be reasonable enough

Prashant Nayak
Advocate, Mumbai
34550 Answers
249 Consultations

- The tenant cannot refuse to pay the rent and maintenance & parking charges regularly , and if not paid then the landlord is having right to claim the same after filing a case against him. 

- The police cannot interfere in this case for towing the car , due to being a civil dispute , 

- However, you can disallow them to park their cars without paying the charges , as they are bound to pay the said charges. . 

- You can send a legal notice to them before approaching the court. 

Mohammed Shahzad
Advocate, Delhi
15821 Answers
242 Consultations

Issue of car  parking is subject to the terms in the rental agreement, you cannot tow the car, Send a legal notice, and then you may approach Court 

Gaurav Ahuja
Advocate, Faridabad
137 Answers

Tenant is bound by agreement only. You cannot tow his car as the same would amount to theft etc. 

Siddharth Srivastava
Advocate, Delhi
1551 Answers

Dear Client
The rights and obligations of landlords and tenants, including issues related to parking, are governed by various state-specific rent control laws and rental agreements. Here are some information regarding your question

Parking Charges: The ability of a landlord to charge parking fees and the terms for such charges should be clearly defined in the rental agreement. If the rental agreement specifies parking charges and the tenant has agreed to these terms, the tenant is generally obligated to pay the specified charges.

Towing a Tenant's Car: Towing a tenant's car without proper legal authority or without following the due process can lead to legal issues for the landlord. It's important to follow the law and the terms of the rental agreement when dealing with parking disputes. Typically, you cannot tow a tenant's car without a legal basis, such as non-payment of rent or violation of parking terms mentioned in the rental agreement.

Rent Control Laws: Many states in India have rent control laws that provide certain protections to tenants. These laws may also regulate parking-related matters. It's crucial to understand the provisions of the specific rent control law in your state and how they may impact parking charges and disputes.

Dispute Resolution: If a tenant refuses to pay parking charges, it's advisable to attempt to resolve the issue through negotiation or mediation. If this fails, you may consider issuing a legal notice as a first step. If the dispute persists, you may need to seek legal remedies through the appropriate legal channels, which may include filing a case in a rent control authority or a civil court.

Documentation: It's essential to maintain proper documentation, including the rental agreement, communication with the tenant, and any notices or agreements related to parking charges.

In summary, it's important to approach the situation carefully, following the law and the terms of your rental agreement. Towing a tenant's car should be done in compliance with legal procedures and with proper authority, and it's advisable to explore alternative dispute resolution methods before taking legal action

Anik Miu
Advocate, Bangalore
11020 Answers
125 Consultations

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