A rented flat comes with more than just a monthly rent. When a tenant moves into a housing society, they are also expected to follow the society’s rules relating to parking, noise, waste disposal, security, common areas and other facilities. But an important question often arises when a tenant breaks a rule: Who is actually responsible for the penalty—the tenant who committed the violation or the flat owner? The answer can depend on the society’s registered bye-laws, applicable laws, the nature of the violation and the agreement between the landlord and tenant. In Maharashtra, cooperative housing societies operate within the framework of the Maharashtra Cooperative Societies Act, rules and registered bye-laws. The state’s official cooperative department also publishes model bye-laws and related housing documents. The Owner and Tenant Do Not Always Have the Same Legal Position One of the biggest reasons for confusion is that a tenant may be the person living in the flat, but the flat ow...