Housing Society: Can a society suddenly evict a tenant from their flat? Keep these 4 things in mind when drafting a tenancy agreement

Can your housing society or RWA (Resident Welfare Association) ask you to vacate your flat for breaking the rules? The society can't. But if the time comes, you should know your rights as a tenant to challenge it.

So, let's find out what four things you, as a tenant, should check (from society bylaws to parking space) before signing the documents while renting a flat in a society or RWA...

The society cannot directly ask the tenant to vacate the house, as there is no direct agreement between the society and the tenant. However, in serious cases, the society can pressure the landlord or approach the police. Therefore, it is important to attach a copy of the society's bylaws to the rent agreement and write an undertaking stating that you agree to those rules.

Once a society is registered, it is the society's responsibility to allocate parking slots. To avoid any disputes or conflicts later, clearly write down the parking slot number assigned to you in your rental agreement.

Read the rent escalation and eviction clauses carefully. Most rental agreements are for 11 months. If the agreement contains an escalation clause, you may have to pay higher rent . According to the Supreme Court, if this clause is included in the agreement, it is enforceable.

After signing the rental agreement, remember the last date of the rental period (the last date of the rental period). If a new agreement isn't signed after 11 months, the agreement becomes month-to-month. Since there's no fixed term, the landlord can terminate the agreement by simply giving a 15-day notice.

According to a case from the Maharashtra State Cooperative Appellate Court, if a tenant is unaware of the society's rules, the landlord is held equally responsible. Therefore, carefully read all documents and rules before renting and only then sign. Only then move into the rented home. Who will do the painting work while you're renting? If you're signing a 3-year contract, mention how much the rent will increase each year. Be sure to mention even the smallest details when signing the rental agreement so you don't have to worry about them again throughout the year.

PC: Digi lawyer