NOIDA: A “tenant”, in relation to a building, means a person by whom its rent is payable to the person who owns it, i.e. to the landlord/ apartment owner. The critical aspect here is the possession of the property/ apartment as well as payment of rent/ consideration by the tenant to the landlord. According to this definition, a person living without paying rent, like a relative of the apartment owner, cannot be termed as a tenant.
Lawful shall mean that the tenancy is formalised through a rent/ lease deed as per the procedure prescribed in the law. A lawful tenancy will include tenancy/ lease of an apartment for a term of more than one year with proper stamp duty paid on it depending on the total rent agreed to be paid by the tenant to the landlord over the entire period of the lease. Typically, two per cent stamp duty is payable on leases of up to three years computed on the total rent payable or deliverable in the entire lease tenure. Having a lease term of three years is suggestable.
If a tenant wishes to participate in the elections of AOA as a candidate and wish to serve as an office bearer / Member of Board of AOA then his lease deed / tenancy/ rent deed must survive the period between the annual general body meeting of AOA declaring such election till the expiry of the term of the upcoming Board. A tenant would not be required to take any additional NOC from the apartment owner/ landlord for contesting or participating in the election both as voter or candidate.
Conclusions:
- A tenant is considered as an apartment owner for participation in AOA related issues;
- A tenant can participate in AOA elections both as a voter and a candidate and become part of Board, provided that:
- he has entered into a lawful tenancy of more than one year (i.e. for that term of Board) which should survive, without a break, the period between the declaration of AGM declaring the election and expiry of the upcoming Board of Management.
- Then tenancy deed must be on proper stamp paper assuring payment of legally applicable stamp duty.
- A tenant cannot delegate his above rights to any other person. Only the person in whose name tenancy /lease deed is executed can participate in the election.