Moving out of a complex issues! Urgent

Q: Can an apartment community deny you from moving out of the complex because you refuse to pay rs. 5000 they have implemented for use of the lift? They are also refusing entry of the moving truck. This is something newly implemented as my lease agreement mentions nothing to this rule? Also can they demand payments for maintenance, if your lease agreement with your landlord states rent is inclusive of maint? Please advise the legal rights to move OUT!

Crystal Zachariah, Chennai

2nd October 2012

Rentals in Chennai

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This is serious violation of lease agreement. No one has right to ask you money until otherwise specified, you are not bonded with society/association. However, your owner should talk to the association to sort out the issue. If he doesn't then association doesn't have right to ask you to vacate the premise. Please re-check your clauses in the agreement. It should be mentioned that you dont have any obligation to pay any extra amount or deal with legalities or pay any penalties, everything should be taken care by the flat owner. Else you can conslult lawyer for legal help:).

kashif, Apartment Resident, Bangalore

8th October 2012

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This is too much.. How can they do so.. Why are the flat owners remaining silent..can't they take some action against these rules?? Why don't you take legal help in this regard.. At least others would stay happy later on..

Lewin G,

3rd October 2012

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For moving in you have to pay 5K that's fine, but for moving out also you have to pay?? Strange.. I never expected that Mantri projects have 15 hour EC cut.. This seems really bad.. try contacting the builder..

Lewin G,

3rd October 2012

Comment

Builder and propcare have been kicked out 2 months back. Now its only the association.

Crystal Zachariah, Chennai

3rd October 2012

Not only EC cuts, but we don't have running water for 10 hours a day. Living out of buckets for the last 4 months. Mantri the builder has washed their hands of Mantri Syngery....

Crystal Zachariah, Chennai

3rd October 2012

Just to clarify.....
The 5k the association is asking is a ONE time fee to move out...they have decided to charge everyone 5k moving in and 5k moving out. After you pay the 5k your welcome to move in or out. This fee had nothing related to maint fee. Once the fee is paid then you have to get an NOC from the president to allow the moving truck in.
2. The association fees are about 7k per month which is to be paid by my landlord monthly. This 5k was implemented by the association 1 month back.
3. I live in the worst apartment community- Mantri Syngery Padur. We are moving due to the 10 hour WATER cuts and 15 hours of EC cuts. Landlord has been very kind to allow us to move while breaking our lease agreement due to all the issues in Mantri as he did not know all of this when we moved in......now we are ready to get out but the association is making it difficult.

Crystal Zachariah, Chennai

3rd October 2012

Comment

Which apartment are you residing in? Have you tried talking to your flat-owner regarding these issues?? Is your owner not regularly paying maintenance charges to the association?

Lewin G,

3rd October 2012

Comment

Hello.. do you mean they are refusing entry of the moving truck inside the apartment compound gate? It is practised in many apartments as a safety measure.. But in some cases, the watchmen checks the vehicle and then it is allowed..

Govinda,

3rd October 2012

Comment

If your lease agreement says the rent is inclusive of maintenance charges, then obviously tenant will not have to pay maintennace charges separately.. The owner only has to pay charges to the association.

Sundar, Chennai

3rd October 2012

Comment

Hi.. I guess you are a tenant of that apartment.. As far as I know the apartment owner has to pay for usage of lift and other such charges.. I hope this Rs 5000 is for an year and not a month..

Lokesh Patwa,

3rd October 2012

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