Rules for Subletting in a Cooperative Housing Society

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Hemant Joshi
Senior Manager - CRM & New Business
Subletting a flat in a cooperative housing society is a common practice but comes with specific rules and responsibilities to ensure fairness and compliance. The Model Bye-Laws of Cooperative Housing Societies outline these rules clearly to maintain harmony among members while safeguarding the society’s interests.
Key Rules for Subletting

  1. Intimation to the Society

  • A member intending to sublet their flat must provide written intimation to the society at least 8 days before entering into an agreement with the sub-tenant.
  • A copy of the leave and license agreement must be submitted to the society.

  1. Registration and Police Verification

  • The subletting agreement should be duly registered as per the local legal requirements.
  • A copy of the police verification report of the sub-tenant must be submitted to the society.

  1. Society’s Permission

  • While explicit permission from the society is not mandatory, the member must inform the managing committee in writing.
  • The subletting must comply with the society’s bye-laws and any applicable government regulations.

  1. Payment of Subletting Charges

  • Members subletting their flats are typically required to pay non-occupancy charges to the society.
  • These charges are capped at a maximum of 10% of the service charges as per the directives of the Registrar of Cooperative Societies.

  1. Duration of Subletting

Subletting is typically allowed for a fixed duration, as agreed in the leave and license agreement. The agreement must be renewed as necessary, with updated information shared with the society.

  1. Sub-Tenant’s Conduct

The member remains responsible for the conduct of the sub-tenant. Any nuisance, illegal activity, or violation of society rules by the sub-tenant can lead to penalties for the member.

Penalties for Non-Compliance
Failure to adhere to these rules may result in the following:

  1. Fines or penalties imposed by the society.

  1. Legal action, including eviction of the sub-tenant.

  1. Suspension of certain rights for the member, such as voting or attending general body meetings.

 
 
Why Follow Subletting Rules?

The first meeting of the new committee in a cooperative society is a critical juncture that sets the stage for effective governance and management. By understanding and adhering to the procedures and responsibilities outlined in the Model Bye-Laws, the new committee can ensure a smooth transition and contribute to the welfare and development of the society. As a member of a cooperative society, it is essential to be aware of these processes to participate actively in the society’s governance.

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