Housing Society: Rules and Regulations for Tenants

Introduction

Did you know that over 60% of residents in many gated communities are tenants? According to a 2022 survey in India, the tenant population in urban gated communities is steadily rising due to job mobility, rising property prices, and flexible living needs. This shift brings both opportunities and responsibilities for tenants and housing societies alike.

Living as a tenant in a housing society comes with certain rules and regulations that tenants are expected to abide by. These rules are put in place to maintain a harmonious living environment, ensure the well-being of all residents, and protect property. In this comprehensive guide, we bring you the general housing society rules and regulations that tenants need to know and follow.

Tenant Approval Process in a Housing Society

Before moving in, most housing societies require tenants to seek formal approval from the society’s managing committee or Resident Welfare Association (RWA). This helps maintain security and accountability within the premises.

Documents typically required:

• Copy of government-issued ID
• Signed tenancy agreement
• Passport-size photographs
• Police verification form (as per local laws)
• Employment letter or reference letter (optional)

Some states or cities may require tenant registration with the local police station under safety regulations (e.g., Delhi NCR and Maharashtra).

Tenancy Agreement: Essential Clauses to Include

A clear and legally binding tenancy agreement is crucial. Every tenant has the right to demand a written agreement that includes the following:

a. Landlord name(s)
b. Tenant name(s)
c. Date of move-in
d. Validity/duration of the agreement
e. Monthly rent, maintenance charges, and utility charges
f. Security deposit amount and refund terms
g. Mandatory deductions (e.g., painting charges)
h. List of provided appliances and furniture
i. Notice period for vacating
j. Rent escalation terms (e.g., 5–10% annual increase)

Submission of Lease Agreement to the Society

Once the lease agreement is finalized and signed by both the landlord and the tenant, it is mandatory in many housing societies to submit a copy to the society’s management committee or office. This process is important for:

• Maintaining updated records of all residents
• Ensuring security and transparency within the premises
• Enforcing community rules related to tenancy and occupancy
• Assisting in resolving disputes, if any arise

The society uses this document to confirm that the tenancy is legal, time-bound, and approved by the property owner.

Security Deposits and Society Fees

The security deposit is a key part of any rental agreement. It acts as a financial safeguard for the landlord against property damage or unpaid dues. The amount is mutually agreed upon between the landlord and tenant, typically ranging from 1 to 3 months’ rent, depending on the city and property type.

However, aside from this deposit, housing societies may also levy additional charges that tenants should be aware of.

Common Society Charges Tenants Might Face:

• Move-in / Move-out Fee: Charged to facilitate building access, use of lifts, or temporary services during shifting.
• Guest Registration Charges: Some societies require tenants to register long-term guests and may charge for additional security or visitor access.
• Clubhouse or Amenity Access Fee: Charges for using shared facilities like the gym, swimming pool, or party hall. This may be monthly or annual.

Use of Common Areas and Facilities

Tenants must follow the society’s rules for using shared amenities like:

• Parks and gardens
• Clubhouses, swimming pools, gyms
• Community halls
• Elevators and corridors

Rules may include:

• Timings for use
• Hygiene and dress codes
• Guest access policies
• Booking systems for private events

Repeated violations can lead to warnings or restricted access.

Parking Regulations in Housing Societies

Parking can be a common point of friction in many housing societies. To avoid disputes and maintain order, most societies have clearly defined parking rules that apply to both owners and tenants. As a tenant, it is essential to follow these guidelines to ensure harmony and avoid penalties.

Tenant Responsibilities Regarding Parking:

• Respect EV charging stations and two-wheeler zones: Do not occupy areas reserved for electric vehicle charging or motorcycle/scooter parking unless appropriate.
• Park only in designated spaces: Use the parking spot allotted to your flat or as specified by the society. Unauthorized parking in others’ slots can lead to fines or towing.
• Display resident stickers or permits: Many societies issue parking stickers or ID cards to residents. Ensure this is displayed on your vehicle to avoid confusion with visitors.
• Avoid regular use of visitor parking: Visitor parking is meant for short-term use by guests. Using it repeatedly may violate society rules and create inconvenience for others.

Right to Privacy for Tenants

Once a rental agreement is signed, tenants are legally entitled to full privacy and peaceful enjoyment of the property. This right is protected under common tenancy laws in India, including provisions outlined in the Model Tenancy Act of 2021.

A landlord may own the property, but they do not have unrestricted access to it once it is leased.

Key Privacy Rules Tenants Should Know:

• Visits Should Be Within Reasonable Hours: Entry should only be scheduled between 7:00 AM and 9:00 PM, unless there’s an emergency (e.g., gas leak or fire).
• No Entry Without Consent: A landlord cannot enter the rented premises without the tenant’s prior permission, even in cases of ownership.
• 24-Hour Written Notice Required: For inspections, repairs, or showing the property to future tenants/buyers, a landlord must provide at least 24 hours’ written notice.

Property Maintenance Responsibilities

Property maintenance is a shared responsibility between the landlord and tenant.

Tenant responsibilities include:

• Routine cleaning and upkeep
• Informing the landlord about any damage or malfunction
• Not making structural changes without written consent
• Avoiding negligent behavior that may cause damage

If damage occurs due to tenant negligence, repair costs must be borne by the tenant. Otherwise, the landlord covers it.

Local Laws and Legal References

To protect both landlords and tenants, several local and national laws govern rental housing in India. Awareness of these legal frameworks helps tenants assert their rights and avoid exploitation or conflict.

• Rent Control Acts (state-specific) – Regulates rent, eviction, and tenancy rights
• Model Tenancy Act, 2021 – Framework for fair leasing practices (notified in several states)
• RERA Guidelines – Rules for project registration, parking allocation, and amenity access
• Police Verification Rules – Mandatory in states like Maharashtra, Delhi, Karnataka

Conclusion

Understanding and adhering to housing society’s rules and regulations is essential to ensure a tenant’s living experience. Clear communication with the society’s managing committee and awareness of common areas is essential. Contributes to a positive community environment for tenants and homeowners. Always review community rules and guidelines to avoid conflicts and ensure a pleasant living experience for everyone in the community.

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