Guidelines for subletting your flat

Checklist summary

1. Owner to send email to society MC of the intimation of leasing the flat with all necessary details 

   • Registered rent agreement cum police verification

   • Tenant KYC (Aadhar / PAN) - name and phone numbers and permanent address proof

   • Details of occupants (as elaborate as possible, how many occupants, place of occupation etc)

   • Details of broker if involved - name and phone numbers

2. Owner shall pay shifting charges to society account

   • Invoice & Receipt of payment shall raised from ADDA app

   • Owner may seek the amount from tenant (per their agreement)

3. Owner shall explain the guidelines and code of conduct of the society to the tenant

   • Ask tenants to register themselves on mygate app

   • Ask tenants to register vehicles on mygate 

   • Ask tenants to join the society residents WhatsApp group

   • Handover access cards to tenants

4. Ask tenants to get gate pass issued from security for shifting furniture and goods and obey the guidelines on usage of elevators and timings for shifting

Guidelines in detail

• 1. If the owner of the flat wishes to sublet to a tenant, the owner is required to submit copies of the following to society management committee

     • Registered rent agreement

     • Copy of ID and permanent residence proof of tenants in the name of whom agreement is registered

     • Copy of police verification form as per their standard format (stamped from Chandannagar police station, copies of aadhar of both tenant and owner are compulsory)

     • Names , contact details and introduction of all residing members

     • Incase flat is rented to individuals and not a family, ID proofs of all individual tenants is required to be submitted with proof of employment (company ID)

     • Non-compliance to above procedures will attract penalty upto Rs 5,000 and subject to interest accrual

  2. All residents are liable to abide by the code of conduct in order to maintain peace and harmony at Song of Joy. Every case of non-compliance will attract an official warning and a monetary penalty as deemed fit, limited in accordance to the byelaws for cooperative housing societies.

  3. Owner is requested to guide and induct the tenants into functioning of the society, culture, code of conduct by sharing adequate information

  4. The owner must take responsibility of his / her tenants and cover for expenses if charged by society against any damage to common society property

  5. Tenants may not carry out any temporary or permanent changes or work in the owners flat without prior written permission from owner and intimation of the same to the society

  6. Tenants may not carry out any commercial business (any and all as prescribed in the byelaws for cooperative housing societies) from the leased flat

  7. Tenants may move into flat with goods, furniture and material only between 8 am to 8 pm after a prior intimation to society (forms available with security)

     • Rs 10,000 will be kept as refundable deposit with the society, against potential damages to society property when moving. 

     • Rs 1500 will  be charged towards usage of elevators, wear and tear, housekeeping and maintenance (moving-in or moving-out)

     • Any damages to society property shall be recovered from the owner

  8. Tenants would use the same parking space as allotted to the owners flat and no other

  9. Tenants hold same rights and access to society amenities as the owner

  10. Upto 10% of total maintenance charges shall be applicable on the owner of the flat as non-occupancy charges (paying guests included)

DISCLAIMER

The society encourages both the owner and the tenant to verify facts and information from any of the society management committee members personally or even better - in writing on email. It is advised that the rent (or leave and license) agreement which is registered, should cover all clauses of contingencies. No matter how trustworthy both parties may be, it is best to have terms and conditions written down in the agreement. In case of any disputes, between the tenant and owner, society may assist in negotiation but has no authority to intervene. All matters are subjudice to Maharashtra Rent Control Act 1999.

Why TENANT POLICE VERIFICATION is required

As per the Police Commissioner's order u/s.144 Cr.P.C. the owner shall not let/sub-let/rent out any accommodation to any person, unless and until he has furnished the particulars of the said tenant/tenants to the Senior Police Inspector of the Police station concerned. 

And all persons who intend to take accommodation on rent shall inform in writing, in this regard to the Senior Police Inspector concerned, in whose jurisdiction the premises fall. [Both the parties are responsible]

Contravention in case  above by the licensee and or licensor (again this may include the Mg.Committee and Broker/ Agent as well) shall be punished with simple imprisonment for a term which may extend to one month or with fine which may extend to two hundred rupees, or with both AND in more severe case be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.

http://punepolice.co.in/tenantv.php

Can SOCIETY BAN BACHELOR, STUDENTS , PG, SPINSTER, FOREIGNERS in societies as TENANTS. 

As per Act, Rules and Bye-laws adopted,  and also interlinked Act such as - 

Indian penal Code, code of criminal Procedure,  and Maharashtra rent control Act,

Banning of aforesaid is an offence, When a PG is refused by Managing Committee  members and other members of the society restrict your Paying Guest / s or Guest / s from coming into the society premises, lodge a complaint attaching Police Verification Report with local Police Station against the MC for which Police can register an offense U/sec. 341 r/w 34 of IPC. 

Also applicable IPC Section: 339 i.e. Wrongful Restraint ment which is a Cognizable / Bailable offence.