INCOME TAX30 Sept 2026
Can a housing society evict a tenant? Legal expert explains renters' rights and protections | Mint
A legal expert has clarified that a housing society cannot evict a tenant on its own. If a member owns the flat, the tenancy is between that member and the tenant, and the society has no say. Only the member can end the tenancy, through notice under the Transfer of Property Act, then get a possession order. Keep your rent agreement and payment records safe.
Key Statutory Highlights
- A housing society cannot evict a tenant when the flat is owned by one of its members, because the tenancy is between the member and the tenant.
- Where the society itself owns the premises, it acts as the landlord and can evict through the Transfer of Property Act and the rent-control framework.
- Under the Delhi Rent Control Act, eviction is allowed only on the statutory grounds in Section 14 before the Rent Controller, and services like water, electricity and staircase access cannot be cut off.
Actionable Advice for Taxpayers / Founders:If your society threatens forced eviction, ask for the legal basis in writing, keep your rent agreement and payment proof ready, and speak to a lawyer. Only your landlord can pursue eviction, and only through the proper legal process.
Statutory Disclaimer: TaxQue Shorts are AI-assisted editorial briefs for compliance awareness. This brief has not passed every source check; confirm the original notification before acting. This does not constitute formal legal or CA counsel.
TaxQue News Desk
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