Receipt of maintenance charges
Your property-related legal queries answered by S.C. RAGHURAM, Partner, RANK Associates, a law firm
I stay in a residential complex. While many flats are owner-occupied, there are a few which are either on lease or rent. It has been the practice of our Association to issue a receipt to owners on payment of the monthly maintenance charges.
This also includes apartments occupied by the tenants who have asked us to issue the receipt in their name. Can this request be acceded to and is this legal? Please clarify.
Normally, the maintenance charges are paid by the owners as the owners would be the members of the Association and are bound by the bye-laws governing the same.
However, it is possible that the obligation of payment of maintenance will be the responsibility of the tenant as per the terms of the rental/lease agreement. If a copy of such agreement is provided to the association along with a letter from the owner requesting to accept payment of maintenance from the tenant on behalf of the owner, the receipt can be issued in the name of the tenant.
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