Should the tenant pay shifting charges to the owner or society is it legal ? Can I tenant say no to shifting charges?
2 Answers
Dear Client, as per your query, in Mumbai, the charges for shifting aren’t allowed. According to the Maharashtra Co-operative Societies Act, societies are not allowed to charge tenants any amount of fees beyond the Non-Occupancy Charge. The Non-Occupancy Charge can’t exceed 10% of the service charges. Even if the society comes up with an internal agreement to charge moving-in and moving-out fees, it will not supersede state law. The tenants have the right to refuse, especially if it’s not in the registered Leave and License Agreement. I hope this answer is helpful. In case of further queries, please do not hesitate to contact us.
Thank You.
Dear Sir,
Tenant can refuse to pay these charges. There is no legal obligation on a tenant to pay arbitrary society move-out fees that aren’t authorized/licensed by the cooperative society act or the society’s own registered bye-laws.
If tenancy agreement includes a clause requiring tenant to pay such charges
Then the tenant may be contractually bound (“yes”, tenant must pay).
But even then, the underlying charge must not be unlawful or ultra vires (beyond society’s powers).