In India, being a tenant requires adherence to several rules and regulations set by landlords or housing societies. Most of these regulations are set in place to maintain a harmonious environment for the residents. One of the rules relates to inviting guests or visitors to a rented house. Generally, housing societies have clear rules for visitors to maintain security, regulate access and manage shared resources such as parking lots. Violation of these rules may invite unwanted hassles and legal action against tenants. When signing a rental agreement, it is essential for tenants to inquire about the rules regarding inviting guests to their homes. Here are some tips for tenants.
#1. Read the rental agreement terms
In India, it is mandatory to sign a rental agreement when renting a property as per the tenancy laws. The document outlines the responsibilities for the tenant, which helps prevent potential disputes or misunderstandings. Before signing the rent agreement, potential tenants should discuss the terms with the landlord, including guest policies. This will help them understand if there are any restrictions on overnight stays and the duration allowed for guests. Moreover, a proper rental agreement should include clauses related to subletting to ensure clarity. Tenants should understand that violating any of the clauses may result in penalties or legal action from the landlord.
#2. Inform landlord to avoid legal hassles
Keeping the landlord informed about regular guest visits, especially for long-term or frequent stays, will help build trust and avoid misunderstandings related to subletting. Informing the landlord about the extended stay of guests will show that the tenant is mindful of the rules and regulations.Â
Maintaining regular communication with the landlord not only fosters transparency in the landlord-tenant relationship but also reduces the chances of eviction. More importantly, the housing society may object to the long-term guest stays and question the landlord. However, if the landlord and tenant have mutually agreed to the guests’ stay, there will not be any problem. Furthermore, from a legal perspective, especially in cases of accidents, theft, or emergencies, the landlord may be questioned and face legal issues if the tenant had not notified them about the guest’s visit.
#3. Follow society or building rules
Housing societies have established rules and regulations, which are typically outlined in the society’s bylaws. Many societies have rules regarding visitors, such as requiring prior notification to security or management, especially for overnight guests, and mandatory visitor registration at the gate. Some societies restrictions on the visiting hours and the number of visitors allowed inside the society. These rules are primarily formulated to ensure the safety and security of residents, manage traffic flow, and prevent security risks. Tenants planning to invite guests should check these housing society regulations or apartment complex guidelines. This will prevent unwanted hassles and avoid causing any inconvenience to the other residents staying in the society.
#4. Obey shared spaces rules
Tenants residing in a gated society must adhere to the rules regarding shared spaces, such as lifts, parking spaces, corridors, and the lobby. Typically, visitors have designated visitor parking areas in societies.Â
Rental agreements mostly have clauses stating that the tenant is liable for any damage caused by them or their guests to the property, including common areas. These rules may also be valid in cases where the tenant is hosting large gatherings, parties, etc. Moreover, following etiquette such as controlling noise levels and maintaining general cleanliness will reflect a good image of the tenants. When letting guests stay in the apartment, one should make temporary visits turn into extended stays without seeking landlord’s permission. It is essential to recognise that letting guests stay for too long may, in some way, impact neighbours and other residents of the society. Hence, adhering to the rules and keeping landlord informed of such plans is necessary.
#5. Take responsibility of damages
When inviting guests or visitors to the house, tenants take responsibility for their behaviour and accept liability for their actions. Tenants may be legally responsible for damages caused by their guests. The liabilities of a tenant are clearly defined in the rental agreement. Therefore, they must bear the expenses of repairs in the event of any damage to the unit or any common areas within the society, regardless of whether the damage was intentional or accidental. Opting for a renter’s insurance can be beneficial as the policy will safeguard the tenant against accidental damage caused to the property or thefts.
How long can a guest stay in a rented apartment?
While guests are allowed to stay in a property temporarily, problems arise when tenants allow guests to reside there for long-term periods. Typically, the rental agreement signed between the landlord and tenant should outline terms related to guests’ policies, including the number of days of stay permitted.Â
If a guest stays in the rented apartment for an extended period, such as a year or more, it may be considered subletting by the landlord in the absence of a proper clause in the agreement. This is because the guest is being allowed to use the landlord’s premises for an extended period, making them a resident from a visitor.
Housing.com News Viewpoint
Occasional visits from guests in a rented house are perfectly normal for tenants, and most landlords do not object to this. However, tenants need to take responsibility when inviting guests. Obeying society’s rules and regulations, informing neighbours and landlords when necessary, and respecting visitors are some basic steps a tenant can take to avoid conflicts and legal hassles. Checking about guest rules is one of the important things to do before signing a rental agreement, to ensure a stress-free tenancy experience.
FAQs
What happens if a tenant violates society rules?
Minor violations may result in warnings and notices from the landlord or the society’s management. However, major violations of the society rules can lead to penalties or legal action, including eviction.
Can a landlord restrict tenants from having guests at home?
Landlords cannot completely prohibit tenants from inviting guests. However, they have the right to define rules and guests’ policies in the rental agreement, limiting their long-term stays. Hence, prospective tenants should discuss these terms with landlords before signing the agreement.
Got any questions or point of view on our article? We would love to hear from you. Write to our Editor-in-Chief Jhumur Ghosh at jhumur.ghosh1@housing.com |
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