- This topic has 16 replies, 9 voices, and was last updated 1 year, 4 months ago by
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UIt’s a residential building in Andheri west and the management had decided that bachelors will not be allowed.
My contract with the landlord says that I live with my family and they keep visiting often.
Last night I hosted a party (I agree the music was a bit loud). The secratary complained and called the landlord at 12:30 Am. I had a small argument with the secratary (not the smartest move ik) and this morning they had sent a notice to the owner to ask us to vacate the place.
What can I (as a student) do in this situation guys?
Is it legel for them? Do I have any sort of leverage?
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Ps This was the first complaint we had received -
RUpto the owner. The society has no control on who the owner rents the flat to. If owners tell society sec to screw himself, you’re safe. If owner tells you to vacate, you can’t do anything.
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LThis is not entirely true. The society has the power to approve or reject a tenant for valid reasons. In this case however, an agreement already exists. So, the society can make the owner reject a renewal.
Not sure how kicking out the in between is treated. NAL, but you must be careful with the society seat holders.
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NNot true. If the licensee is creating nuisance for the society or violates the law (playing loud music beyond 10pm is illegal in Mumbai) then the society can take action. The member (owner) can be penalised by society and hence in such case the owner would prefer to terminate the agreement
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RThe society can only levy a few charges and nothing else. An owner is not a licensee. Music post 10pm is illegal in public places on loudspeakers. Plenty of people play Loud music post 10pm. The owner is not gonna go through the trouble of finding an another tenant. Rather pay the fine or in this case ask the society to screw off. They can’t do anything. They can’t kick the owner out of the house for something like this. Nor the tenant. Only thing they can do is stop the owner from remting again. But the owner can challenge the decision if it’s something this trivial.
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NFYI I have called the cops on my neighbors for playing loud music in their house at midnight. The cops have come and fined them. So even playing loud music in your house post 10 pm is illegal as long as others can hear it and get disturbed.
Society member meaning the licensor/owner of the flat. Society can put a penalty on him for his licensee creating nuisance. Society has no legal relationship with licencee so they will instead fine the owner who is their member or pressurise him to evict the licencee
In most cases the owner is not going to go to court to challenge this as he would rather get another licencee who can live on harmony and is not a nuisance for the society.-
RDigressing from the topic. A) society cannot decide the kind of people an owner can rent out a flat (married/bachelor/cast whatever), B) one time incidents of loud noise gives no authority to the society to evict a licensee or tell the owner what to do.
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NBeing a licencee you are obligated not to create nuisance / annoyance to the society and it’s members and hence the owner is fully justified to terminate your agreement if you play loud music and your neighbours complaining about it.
As a licensee you have no legal rights in the flat. You can stay as long as the owner allows you to and if the owner is pressurised by the society to evict you then you will not be able to do anything but leave. Under the law there is no ground of eviction required to be proved for the owner to evict you since you are just a licencee. Better behave yourself or else be ready to face the consequences.-
UThe argument was not about the noise bro. You’re not wrong but the secretary was mixing up information when he called the landlord (he was basically trying to imply that I am a druggie when I don’t even smoke cigarettes) . I simply asked him to check his facts right before he brought it up with the owner because he will obviously trust him more and it is unfair for me. He started talking to me extremely rudely and it got a little heated.
I am not saying I am right or playing the victim card here. My post misses a lot of other details as well so here are some:
1) this was the first time I ever hosted a party since I moved here 6 months ago.
2) The minute I got the first complaint (around 12:15) I canned and everyone left.
3) I apologised to the secretary this morning and said I shouldn’t have spoken to him like that but he waved it off.I’ll say this again, doesn’t prove I am right or the secretary is wrong but giving someone an eviction before you even give a warning for a little party seems a little out of proportion and abuse of power here.
I felt it was more like a personal grudge against bachelors here rather than about what’s right or wrong.-
NExplain all this to your licensor (landlord) apologise and beg him. Because under law you have no legal rights if he decides to remove you. You cannot challenge this rule of no bachelors allowed. Only a society member can do so and most people won’t be willing to spend money and time in court over this and would just rather rent their house to a family instead.
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UThe society has no authority to evict you—only your landlord does. A single noise complaint doesn’t justify this reaction. Ask them for a written notice with a valid reason. If your rental agreement is in order, stand firm and don’t let them intimidate you. Push back and remind them they can’t enforce arbitrary rules.
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