We Run Societies

Maintenance charges rules for rented flats in cooperative housing society

11 August 2014 reena jaiswal, Mumbai

Hello... I hd givn my house on rent..for which I paid the fee applicable to housing society... but due to some reasons.. I had to change the tenant within 4 months.. now the society is asking for another payment to for new tenant..

is it valid as its within the same year.. also they are not accepting maintenance charges til I pay the fee.. which is costing interest...what shud I do?

Advice from society consultant

Add comment


Comments (27)

  1. Societyhive support
    11 August 2014

    Dear Reena,

    Only 10% of maintenance charge can be added. No other charges are applicable.

    Hope this helps.

  2. Nidhi
    09 March 2015


    I have paid 3 years advance maintenance charge to the builder, and now have completed 1.5 years since possession.

    There are many people in our society who have came earlier and have completed 3 years in this society.

    Now society is asking of monthly maintenanance charges from everyone irrespective of date of possession.

    Is it legal on part of society to ask for maintenance from every one or it should be divided on pro rata basis depending on date of possession?

    What action society can take if I do not maintenance till I complete the 3 year period for which advance has already been paid?

  3. Societyhive support
    10 March 2015

    Dear Nidhi,

    Your question is different than question at this page. Please create a new question if it's not related.

    To answer you: it's difficult to answer directly without looking at your agreement document. You should first check the fine print in your agreement and then approach the builder. Often builders put clause stating that they can revise the maintenance charge based on situation at the time (e.g. expenses goes higher and amount get consumed much faster). If you have signed agreement with such clause then there is little that can be done. Please read your agreement careful or you could hire a lawyer to do that.

  4. nilesh chheda
    23 June 2015



    SOCIETY CHARGES ??????????

    21 September 2015

    For Rented flats it is additional max 10% of SERVICE CHARGE component of MAINTENANCE CHARGE. ( please note: it is not 10% of maintenance charge)

  6. Puneet
    28 September 2015

    Dear All,

    I’m having a similar problem like above.
    I’m staying as a tenant in a CHS in Mumbai. The society has passed a resolution in AGM that member parking fees for 1st Car will be Rs 100/- , 2nd Car – Rs 200/- & 3 rd Car –Rs 300. In case of tenant parks the car the society will charge Rs 1500/- p.m.
    My landlord is ready to support me, but he is not aware how to go for it.
    1. Whether legally Society can have discrimination between Owners & Tenants other than NOC charges.
    2. Under which Sec of which act he can go to which authority and ask for relief.

    If any one of you can please help that would be great.

    Best Regards

  7. Mahesh
    09 March 2016

    Hi I've flat in Mumbai, and that is for rent, my question is that who will pay maintenance? tenant or owner?

    09 March 2016

    Dear Mahesh, maintenance cost is to be paid by the owner to the society, as he is the member of the society. Owners who have given their flat on rent, normally include the maintenance cost in the rent amount.

    If tenant pays the maintenance cost, service tax will be applicable, as he is not a member of the society. So better the owner pays the amount.

  9. Kumar
    10 April 2016

    HI there,
    My tenant has given 1 month notice on 15 March and is leaving on 15 April. I am collecting rent till 15 April. How much maintenance should I collect? April full month maintenance or only till 15 April?

    17 May 2016



  11. senthilmani.s.s
    18 May 2016

    Dear Sandeep, your need to pay Maintenance charges + NOC, looking at the amount NOC seems high.

    It is 10% of the Service charge component in the mantenance amount. ;

    Manintenance amount=(service charge + sinking fund + repair & maintenance fund + water charges+ insurance+..)=Rs:348/- going by this the NOC amount should be less than Rs:34/-

    18 May 2016

    Dear senthilmani.s.s,

    Thanks Very much for your valuable reply


  13. Isaac Momin
    23 October 2016

    I am the owner of flat and residing in the flat. I have paid the maintenance as and when demanded. But many of the receipts have not been given to me. Now they are showing an amount of Rs.7000/- yearly maintenance of 2016 in advance. I gave them cheq of Rs.3500/- and requested to see the Maintenance Register but they refused to accept the cheq of part amount and not ready to show the Register. Does the society have right to proceed legally if the maintenance is not paid in advance and paid monthly. What if I resign as a member. Will the decisions of the society be binding on me. Please guide.

  14. senthilmani.s.s
    27 October 2016

    Dear Issac, society cannot legally take action against advance payment dues

  15. Ashish Kumar
    30 December 2016

    I have a flat to rent, Society monthly maintenance charges + 10% rental surcharge is payable by me. I understand that and have included in rent. I pay property tax also on top of it. Considering all this do I get only 30% deduction in rent by default for 2nd home or society charges and property tax can should also be a part of deduction

  16. B.Ramanathan
    01 March 2017

    There are 48 flats in our apartment. More than 30 flats have been rented out. The day to day maintenance of the apartment complex is looked after by the owners who reside in their flats in the apartment whereas the owners of the flats which have been rented out are receiving monthly rent without any effort on their part. . Our flat owners association is registered under Societies Registration Act. We have passed an unanimous resolution in an annual general body meeting to collect annual service charges of Rs. 1000 from the owners of flats which have been rented out. We have also added the following clause in the subsequent annual general body meeting.
    "Owners of flats which are rented out should pay a service charge of Rs. 1000 per annum to the association from the financial year 2012-13, provided the flat has been rented out for a minimum period of 6 months during the previous financial year." (The same has been filed under Form VI with the Registrar of Companies and Firms after a delay of 4 years)
    While most of the owners are paying the same, few owners are objecting to it. We told them that the municipality is levying higher property tax on rented flats compared to owner occupied flats. Can such service charges be levied on one section of the owners?(Owners of rented flats)

  17. B.Ramanathan
    01 March 2017

    Can any additional charges other than monthly maintenance charges be recovered from owners of flats in an apartment which have been rented out? Presently uniform monthly maintenance charges is collected from all the flats(Both owner occupied and rented out)

    01 March 2017

    @ Ramanathan, additional to the maintenance charges, NON OCCUPANCY CHARGES for the flats given on rent is applicable as per byelaw. NOC is 10% of the service charge component of the Monthly Maintenance charges.

    {Roughly service charge component in the Monthly maintenance charge is @ 50%; so 10% of service charge is 5% of Monthly maintenance charge.; so to the Monthly maintenance charge, add 5% additional as NOC charges.} Calculating exact service charges will help.

    If your society have to do administrative work related to the tenants(upkeeping of the records of the tenants, agreement copies, etc), you can charge admin charges fee for every 11 months.

  19. B.Ramanathan
    02 March 2017

    @Senthilmani S. S.
    Thank you very much for the kind information. Kindly clarify the following
    1. Whether the non occupancy charges is applicable in all the states throughout India.
    2.Which Bye Law you are referring.

  20. T. Patel
    26 May 2017

    Hello, I am owner of flat which is recently constructed. I had given maintenance charges for 2 years in advance. (2000rs / Month = 48000 Rs.) Now I would like to let out my flat. Builder says that I need to pay 2000rs extra as maintenance cost since I am letting out flat to agency who has PG business. How much it is legal? Do I really need to pay extra to builder? Society is not yet form but he is taking check in favor of some xyz welfare association. If it is legal, which document from build will explain all T&C. Thanks!

  21. Shubhangi Joshi
    11 November 2017

    Dear Team,

    We have got a residential property in pimpri chinchwad area whichwe have had let out. We are paying extra cost of maintenance every month.(700 is the original maintainance cost and the one who has let out the property has got to pay 900). Recenetly our earlier tenant left and we have let out the property to new family. Now the society cashier called and said you will have to pay extra 500 rupeed whenever new tenant is taking over.

    I have declined the procedure there itself saying that we are already paying 200 extra each month so there is no question of paying 500 extra.

    Can you please guide me so that I can keep my point with all legal details.

  22. Shubhada thakur
    13 November 2017

    how is the maintenance for any flat in the society is decided ? as per my knowledge, it should be based on flat area. People having higher sq, ft area refuses to pay high maintenance giving excuse of all common amenities like lift etc.
    what to do in such case , how to decide on maintenance charges?

    13 November 2017

    @ Shubhangi Joshi, Whenever anyone rents a flat, all the details of the new tenant to be noteddown and kept in records of the society. For this activity, societies charge some administrative charges towards: Society documentation work, society rule book, office administrative work cost, vehicle sticker, Society pass, Clubhouse pass etc.

    NOC charges should be only 10% of the service charge component of the Maint charges. By your query, NOC will be less than Rs:70/- ; even if they charge 10% of maint charge, it should be Rs:70/- and not Rs:200/-... All said, the amount should be approved by General Body.

    13 November 2017

    @ Shubhada thakur: The service charges include the followings:

    1. Salaries of the office staff, Plumber, electrician, Security, gardeners and any other employees of the society;
    2. Where the society has independent office, the property taxes, electricity charges, water charges etc. for the same.
    3. Printing, Stationery and Postage
    4. Travelling allowance and conveyance charges to the staff and the members of the committee of the society;
    5. Sitting fees paid to the members of the committee of the society;
    6. Subscription to the Education Fund of the Maharashtra Rajya Sahakari Sangh Ltd.
    7. Annual Subscription of the Housing Federation and any other cooperative institution to which the society is affiliated.
    8. Entrance fees for affiliation to the Housing Federation and any other cooperative institution;
    9. Audit Fees for internal, Statutory and construction work reaudit, if any.
    10. Expenses incurred at meeting of the general body, the Committee and the Sub- Committee, if any;
    11. Retainer fees, legal charges, statutory enquiry fees;
    12. Common Electricity charges.
    13. Any other charges approved by the General Body at its Meeting However such charges should not contradict the provisions of the The Maharashtra Co-operative Societies Act, 1960 and The Maharashtra Co-operative Societies Rules, 1961. and bye-laws of the Society.

  25. Binti
    01 January 2018

    Hi, We have moved into a flat in Noida about a month back. The landlord has not paid the society maintenance for the last two years for this flat. The society is maintained by the builder. The builder has threatened us, that they will disconnect the electricity to the flat, if the owner doesn't pay the charges quickly. What are my rights as a tenant?

  26. Brijesh Patel
    04 May 2018

    Hey sir
    Is this true that rented person maintenance charhes double ?
    If 500 rs owners - for rented 1000 /-

    And society not handover from builder side ,
    That decided by temporary Committee whoes handle running society.
    Pay or not above charges

  27. Santosh
    07 May 2018

    I have given flat on rent.Monthly maintenance is 700 for owners & flat on rent is 1000 RS.I told society that it is against law.We should charged maximum 10 percent.They are saying you have to pay 1000 rs,otherwise they will tell PMC to put double property tax on flat.I think double tax is only for office & shops & not for residential flats given on rent.
    Plz clarify.

  28. Disclaimer: We are providing this information as a public service. We try to make it accurate as of the date noted in the materials. Sometimes the laws change. We cannot promise that this information is always up-to-date and correct. You should consult your lawyer or contact our legal advisers and get into greater detail before taking legal action.