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Q.

Can Society Charge More Maintenance from a Tenant?

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0 2025-06-29T20:46:34+00:00

Hi Dhriti. The answer to can tenants be asked to pay extra maintenance is not a straight yes or no. It depends a lot on the situation and the reason behind the extra maintenance being levied. In situations when the tenant fails to pay the maintenance within the due date, the society can levy extra charges in the form of penalties. 


The main point is that any extra charge levied by the society must be backed by proper reasons and notices. They can’t demand extra charges from the tenant on their own free will. A system must be in place and all the terms and conditions related to society maintenance must be specified in the lease or rent agreement.


In case the society forces or goes against the law to impose extra charges, the tenants can report this to the relevant authorities. 


This is all from my end. I hope you find this useful.


Get Help with Legal Tenancy Matters from Lawyers of NoBroker!

To answer your query: Can society charge more maintenance from a tenant, I must say Yes. A housing society can charge higher maintenance fees from tenants compared to owners, but this practice varies by society and is subject to specific rules and regulations. Here are some important points to consider:

  • Differential Rates: This is often due to the increased wear and tear on common facilities caused by tenants who may not have the same vested interest in the property as owners do.

  • Lease Agreements: The lease agreement between the landlord and tenant may specify the maintenance charges, including whether the tenant is responsible for paying higher rates.

Justification for Higher Charges

  • Increased Usage: Tenants may use the facilities more intensively than owners who may live in the property part-time or occasionally, leading to higher maintenance needs.

  • Service Level: Societies might justify higher charges for tenants based on the level of service provided, as tenants may require more frequent maintenance or support.

Landlords should inform tenants about the maintenance charges upfront, ideally in the rental agreement, to avoid misunderstandings later. If tenants feel that the charges are excessive or unfair, they can raise their concerns with the society's management or the landlord for clarification.

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