Tenancy, PG, and Use of Premises

If a tenant moves in without telling us, can we increase their charges? (Owner’s problem)

No, you cannot increase the charges for a tenant moving in without informing you.

No, you cannot increase the charges for a tenant moving in without informing you.

Written By: GatePal Analyst

Last Updated on

Short Answer

No, you cannot increase the charges for a tenant moving in without informing you.

Detailed Explanation

Rule 45 of the Gujarat Cooperative Societies Rules, 1965 states that the society may fix the charges for various services provided by it. However, any increase in charges must be approved by the General Body Meeting of the society. This means that as an owner, you cannot unilaterally increase the charges for a tenant without following the due process outlined in the rules.

In practice, this rule ensures that any decision regarding charges is made democratically by all members of the society, preventing arbitrary increases by individual owners. If a tenant moves in without informing you, you should first communicate with them to regularize the situation and then follow the proper procedures within the society to address any related issues.

For example, if a tenant moves in without informing the owner and the owner decides to increase the charges without the approval of the General Body Meeting, it would be a violation of Rule 45. The owner must follow the established procedures to propose and approve any changes in charges.

Another scenario could be if the owner increases the charges for the tenant without following the rules, the tenant may raise a complaint with the society, leading to potential disputes and legal actions. Therefore, it is crucial for owners to adhere to the rules and regulations set forth in the Gujarat Cooperative Societies Act and Rules to maintain harmony within the society.

Reference

  • Rule 45 of the Gujarat Cooperative Societies Rules, 1965: Official PDF

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