Dear Client,

The decision of the building association to admit only families as their tenants is not legally valid reason for eviction. The Kerala Buildings (Lease and Rent Control) Act, 1965, it states that no landlord or association can arbitrarily evict tenants these subjective grounds. Eviction is only justified by the Rent Control Court on certain reasons such as non-payment of rent, abuse of the property, bona fide requirement of the landlord, subletting without authorization, or abandonment of the property. As your tenants are working women and hopefully paying rent and not causing any misuse of the property, the association's resolution by itself cannot be a valid ground for eviction. The association cannot circumvent legal eviction proceedings by adopting a resolution passed in the AGM. Eviction can only be directed by the Rent Control Court after due process. Additionally, moral policing or limitations through tenant profiles (e.g., admitting only families) has been challenged and criticized in Kerala since it violates the rights of tenants to privacy and freedom. You may safeguard your tenants by asserting their legal tenancy rights and resisting attempts at eviction that do not meet the provisions of the Rent Control Act.

A Resident Welfare Association (RWA) cannot legally pass a resolution to restrict unmarried tenants in a complex. 

Every Indian citizen has the right to live anywhere in the country, and discrimination based on marital status is illegal. 

The Indian Constitution guarantees freedom of residence, and discrimination based on marital status is a violation of this right. 

Prohibiting unmarried tenants can be seen as discriminatory, and such actions may be challenged in court.  

Bye-laws or resolutions passed by any Co-operative housing society banning bachelor/unmarried tenants is a gross violation of Article 19(1)(e) of the Constitution of India.

You can issue a legal notice to the RWA  to show cause their proprietary to restrict your unmarried tenants to occupy the premises and can warn them that they will be dragged to court of law for violating the constitutional rights in this regard. 

If they still act in the same indifferent manner and force you to evict the bachelor tenant, you may file a suit for permanent injunction against the RWA to restrain it from illegally evicting your tenant and also for passing an illegal bylaw in this regard. 

The Supreme Court of India has upheld the right of property owners to retain tenants of their choice, including unmarried individuals (bachelors or spinsters). Every member of a cooperative housing society has the right to rent out their tenement without restrictions on tenants' marital status.

Article 14 of the Constitution states that every person shall be equal before the law, and Article 15 prohibits discrimination on race, caste, sex, and place of birth. These laws also apply to housing societies, which means that they cannot refuse to allow individuals to reside in their communities on these grounds.

You can approach civil courts by filing a suit for injunction against illegal eviction,, additionally you can make a complaint against the RWA  to the deputy Registrar of Societies seeking its intervention and for passing suitable instructions to the association restricting it from passing any such discriminatory bylaws. 

The said resolution is illegal and they can’t evict your tenants on that ground. You can take action against them 

Resolution is illegal 

no discrimination can be dine against single ladies 

you have to take legal proceedings to set aside the said resolution ands eel stay  against eviction of your tenant

Act as mentioned here in above

- As per law, a society/RWA has no legal authority, to issue moral, ethical and social diktats to its residents.

- Further, Society by law and resolutions must be limited to the mandate of governing the society’s affairs and nothing more.

- Further, the landlord having his right to give it unit on rent to anybody after proper verification , and the society has no right to passed any laws on the gender basis .

- Since, the said tenant is living peacefully , then you can give an undertaking that the said tenant is under your control 

- If refused by the society , then file a complaint before the registrar . 

Dear Sir,

You are suggested to file suitable application with registrar of society against the said AGM resolution and get the said resolution removed. 

Dear ,

The building association cannot override your legal ownership rights by restricting tenancy based on marital status. A resolution passed in the AGM cannot violate constitutional rights or personal liberty under Article 14 (equality) and Article 19(1)(e) (right to reside).

As long as:

• Your tenants are law-abiding,

• There is no nuisance or illegal activity,

• You have followed proper tenant registration,

Then the association cannot legally evict them. You may issue a written reply to the association stating this, and seek legal protection through an injunction if needed.