1. Hi, you can lodge a police complaint against the tenant and also issue notice to the owner of the Apartment and so also tenant.
2. Inspite of issuance of Notice the disturbance has continued then you have to file a suit in the Civil Court.
Eviction of tenant in an apartment registered under Karnataka Apartment Ownership Act, 1972.
I am a resident owner of an apartment in Central Bangalore. The Deed of Declaration of the Apartment Owners’ Association was registered under the Karnataka Apartment Ownership Act, 1972, in 1991. For the past 18 months a tenant has moved in the apartment above mine and has been consistently creating disturbing impact-generated sounds on their floor slab, hence the ceiling of my apartment. The sounds are created by running, jumping, walking with hard soled footwear and dragging things on the floor. These activities start at 12 noon and end at 1AM every day. I have been consistently reminding the President of the Apartment Owners’ Association to initiate proceedings to end this menace by evicting the tenant; but to no avail. In this context, my queries are: 1. What legal recourse can the Apartment Owners’ Association take to evict the offending tenant? 2. What legal recourse can I take to end the menace, considering that my repeated attempts to counsel the tenant have been stonewalled?
Asked 4 years ago in Property Law
Religion: Other
7 Answers
1) issue legal notice to tenant to not drag things on floor , running and run , jump in apartment at night as it disturbs your sleep
2) file police complaint t against tenant under section 504 of IPC for acts endangering peace
1. You can seek your relief from the problem you are facing which does not include eviction of the said tenant.
2. Send a complaint letter to the President/ Secretary of the Association under copy to local police station alleging disturbance to you breaking peace in the area. Mark a copy of the complaint to the Registrar of Societies also.
3. If no action is taken by anybody, you can file a Writ Petition against inaction of the Police and also the Society.
- Section 268 of the IPC defines nuisance when the person is guilty of a public nuisance when he does any act which causes injury, danger or annoyance to the public or the people in general who live or occupy the property in the neighborhood.
- Hence, as per law, you can lodge your complaint against the tenant living upstairs, because being the owner of your apartment, you have right to live peacefully and happily.
- If, no response from the local police then you should report to the higher official as well , and copy of the same should be forwarded to the association plus owner of the said flat as well.
1. Unfortunately the apartment owners association cannot evict the tenant for such reasons, however it can inform the owner of the apartment to initiate action either to curb the menace or to advice the tenant to vacate.
This will not prevent you from giving a complaint to the association venting out your grievances and seek remedial action.
The association can discuss the subject matter with the EC members or MC members and may initiate action as per bylaws, if any, to stop nuisance and disturbances of tenants to the neighbors.
2. Alternately you can issue a legal notice directly to the arrogant tenant instructing him to refrain from indulging in such nuisances failing which you may even lodge a criminal complaint against him for creating nuisance with the local police.
Dear Sir,
You and your RWA can initiate both criminal and civil action against him. Such nuisance is punishable as per criminal law and can be restrained by way of injunction order from civil court. Please discuss in detail for various alternatives available.
You need to file eviction suit against him after sending legal notice to him
