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The legal grounds under which a defaulting tenant can be vacated: is that if any tenant   guilty of an act or conduct which is nuisance to other occupiers of the portions in the same building or buildings in the neighbourhood can be forced  to vacate as per prevailing law.
In our case, one among eight owners (residents) is willfully creating a nuisance by the way of additional burden to remaining residents (owners or their tenants) by not sharing the expenses towards common facilities but continuing to enjoy all the common facilities.

This is not regarded as a nuisance, although many practical difficulties may be caused owing to the default of the owner concerned.  In all such cases, the remedy is to proceed against the person concerned as provided for in the by-laws of the association by instituting a suit or arbitration proceedings, as the case may be, for suitable relief.  If there is no registered association, then all the other owners will have to proceed against the person for suitable relief in a Court of Law.


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When should one opt for a fixed rate home loan?

Can home loans be obtained against two different properties?

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What is the role of a builder, promoter in group housing complex?

In multi-storied buildings maintenance charges is charged and frequently the word AMC is used.  Please explain the words?

Please clarify whether it is correct on the part of the association to collect more maintenance charges from tenants irrespective of it being paid by the owner or by the tenant himself.

I live in an apartment of 16 units (GF plus 3 floors).  I live on the third floor.  The owner living below me (second floor) has complained of leakages in his bathroom.  I did attempt some repairs (plastering) on my bathroom floors. This proved to be a temporary solution.  Now he is demanding replastering of my bathroom and refixing of tiles.  I insisted in this case the cost towards repair and materials to be shared mutually.  Am I justified in my argument? What does the rule say?

I would like to know on what basis the flat maintenance charges could be raised from the present amount? Our building is over six years old and has 65 flats. We recently completed painting the outside walls for which the corpus fund was used.  Being six years old, the water pumping motors for all the five blocks need replacement and also expenses are there for the OTA space closing, hard topping in the two wheeler parking area. Please advice.