Can a housing society evict a tenant? Legal expert explains renters’ rights and protections

Tenants living in a housing society may sometimes face disputes and problems with the society over issues such as maintenance, rent, use of common areas, and adherence to society rules.

Still, even in such situations, a housing society does not have the power to automatically evict a tenant from a flat rented out by one of its members. Now, the legal position in such cases largely depends on the facts of the case, the circumstances and events, and on who owns the premises and who is the landlord.

Let us take a look at the rights, duties, and responsibilities of tenants and how they can protect themselves against unjust eviction by staying informed about applicable laws and regulations.

Can a housing society directly evict a tenant?

Manmeet Kaur, Partner at Karanjawala & Co., pointed out that a tenant cannot be evicted by a society as long as the society member owns the premises. “The answer turns on who the landlord is. Where a member lets out their flat, the tenancy is between the member and the tenant, and the society has no privity of contract with the tenant. It therefore has no independent power to evict. It can only regulate the member through the society’s dispute resolution mechanism, which shall be subject to any proceedings before the concerned court/tribunal,” Kaur said.

“However, where the society itself owns the premises, for example, a shop, office or terrace let out to a third party, it is the landlord and can evict through the same Transfer of Property Act (TPA) and rent-control framework. Ultimately, privity and ownership of the premises would be the paramount factor which would decide who has the right to have the premises evicted,” she added.

This means that society’s rules cannot by themselves replace the legal process applicable to a tenancy and evict an individual. These are separate legal provisions that deal with such cases, including the rent-control framework and the Transfer of Property Act.

How can a tenant be legally evicted?

On this aspect, Kaur explained, “The tenant can be evicted only by the member as landlord, by terminating the tenancy through notice under Sections 106 and 111 of the Transfer of Property Act, 1882 (TPA), and then obtaining an order for possession. Where the Delhi Rent Control Act, 1958 (DRC Act) applies, eviction is allowed only on the statutory grounds in Section 14 (such as non-payment of rent, subletting, misuse of premises or bona fide requirement), before the Rent Controller, with Section 50 barring civil courts.”

What are the other protections that tenants have?

In such cases, tenants are protected against the withholding of essential services. Kaur explained that lighting in passages, water, electricity, and safe access to the staircase cannot be disconnected or denied merely because an eviction dispute exists.

Furthermore, Section 108 TPA protects a tenant’s ‘right to quiet enjoyment’ and ensures that dispossenssion is prevented except through the due process of law. Having clarity on these aspects can ensure that the tenants and their rights are protected, along with them having explicitness on their obligations towards the landlord.

Hence, a tenant should distinguish between a society’s right to regulate its members and a landlord’s legal right to seek possession. No eviction can be forced; it must follow the applicable tenancy and due process of law, along with rent-control laws, rather than unilateral action by the society management.

Disclaimer: This article is for general information only and should not be considered legal advice. Legal rights may vary depending on the facts, tenancy agreement and applicable laws.