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 Condo for daily tenent..homestay..legal or illigal, Condo for investment

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RedBishop
post May 23 2012, 11:24 AM

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QUOTE(michaellee @ May 23 2012, 11:04 AM)
Not true. Personally I have three cases many years ago where the houses was under my name. One of the cases, the tenant not only has illegal drugs (E tablets), deals with illegal VCDs (not DVD then), prostituition and illegals. PDRM only wants me to help them by being a witness. They knew I rented the premises out. And I have no dealings with these except taking rental. Plus my rental is at market rate, not way higher (in some ways, I am profiteering from their illegal activities). The guy was prosecuted and to date I have yet to receive any other demands from PDRM. Seriously, in this aspect, I think PDRM is fair and they will not go above the law in prosecuting the innocents.
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this is because you have a tenancy agreement to protect yourself, but would u go into a tenancy agreement when u just only rent for 1-2 days?
keithcky
post May 23 2012, 11:26 AM

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QUOTE(michaellee @ May 23 2012, 10:33 AM)
When the word legal is used, it normally dictates whether what you are doing is against the law. There is no law prohibiting an owner to rent out the premises on a daily basis. Neither does the deeds of covenants that you signed with the developer actually states that you cannot rent out on a daily basis.

But if the entire community of the high rise has house rules against such practices, then you do need to see the management about it and asked if it is possible. Most management, in order to protect themselves, will not allow such practices. People that does it normally do it quietly and will face the music only when something happens.


Added on May 23, 2012, 10:35 am

You are REALLY AMAZING. Always commenting on things you DO NOT KNOW!!! How stupid can you be?? Don't comment if you don't know. Forever misleading people. I have yet to read one post from you with good advice.

Since you say beside holiday resort and service apartment is illegal, tell me the section of the law under which act that says it is ILLEGAL? Another one of your imaginary lawyer telling you what is legal and illegal. Can you do the human kind a favour and get the hell out of the forum with all your stupid advice? One day, your advice will kill others. Stupid fool who knows nothing makes so much noise!
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Haha couldn't agree more. Really useless shit
michaellee
post May 23 2012, 11:46 AM

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QUOTE(RedBishop @ May 23 2012, 11:24 AM)
this is because you have a tenancy agreement to protect yourself, but would u go into a tenancy agreement when u just only rent for 1-2 days?
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Truthfully, in my youth, I did not believe the power of tenancy agreement. To be honest, I don't either now. If anything, tenancy agreement protects the tenants more than the owners. Verbal agreement is a form of agreement. Getting your 1-3 days tenant to sign on a piece of paper is good enough, personally. The shortest time frame I have let out is 1 week and normally that privilege is applicable to my returning O&G clients. Anything wrong, the company will compensate me. I think the problem with doing 1-3 days tenancies is the logistic of dealing with your potential tenants and possible damage they bring. You do not know how much deposit you should take from them if your house is equipped with more than 20k worth of furnitures. All it takes is one case, and it will set you back for a while.
ecin
post May 23 2012, 12:10 PM

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QUOTE(michaellee @ May 23 2012, 11:46 AM)
Truthfully, in my youth, I did not believe the power of tenancy agreement. To be honest, I don't either now. If anything, tenancy agreement protects the tenants more than the owners. Verbal agreement is a form of agreement. Getting your 1-3 days tenant to sign on a piece of paper is good enough, personally. The shortest time frame I have let out is 1 week and normally that privilege is applicable to my returning O&G clients. Anything wrong, the company will compensate me. I think the problem with doing 1-3 days tenancies is the logistic of dealing with your potential tenants and possible damage they bring. You do not know how much deposit you should take from them if your house is equipped with more than 20k worth of furnitures. All it takes is one case, and it will set you back for a while.
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+1 thumbup.gif (Besides the "Verbal agreement is a form of agreement.")
+ one IC photocopy/Visa photocopy/Passport photocopy and small amount of deposit

Backkom
post May 23 2012, 03:00 PM

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But thought that DOMC prohibits subletting and using the residential unit for commercial purposes?

At least my condo's management was happy to help us shut these hotels down as long as we can provide them the unit numbers rclxms.gif

This post has been edited by Backkom: May 23 2012, 03:02 PM
katijar
post May 23 2012, 03:37 PM

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as i said, just close your eyes and rent it to the Africans.
cherroy
post May 23 2012, 04:18 PM

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Renting on daily basic can be deem or seen as commercial usage, and this is illegal to turn a resident property into commercial usage like hotel.
michaellee
post May 23 2012, 04:41 PM

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QUOTE(Backkom @ May 23 2012, 03:00 PM)
But thought that DOMC prohibits subletting and using the residential unit for commercial purposes?

At least my condo's management was happy to help us shut these hotels down as long as we can provide them the unit numbers  rclxms.gif
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Yes that's what the DOMC says. But there is no precedent cases where the definition of commercial purposes can be define. What is not commercial purposes? 1 week? 1 month? 3 months? 6 months? 12 months? Unfortunately there is no single definition for the word commercial.

I was doing 3 months rental for some of my units before and the nasty management tried to shut us down. I won't go into details what happened thereafter, but we stood our grounds and won. It is not easy to define what is commercial. I have recently purchase quite a number of units which I intend to turn into a sort of mini hotel with daily rate due to the location of the high rise. I am likely to face problems but heck, since my group of people own a few floors, chances of us winning the AGM is higher than those against. The sad reality of a poorly set up Strata Title Act for Malaysia.
yankicip
post May 23 2012, 04:56 PM

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Can we rent out on daily basic and just tell everyone that friend visit la.

Friend wat... none of their business lo

maybe during busy season like during winter time and during summer & spring we rent more permament like 6 months one.

Will this work?
katijar
post May 23 2012, 05:04 PM

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can pm me which high end condo is available for daily rental? might be good to have a party there. thanks!
ecin
post May 23 2012, 05:21 PM

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QUOTE(katijar @ May 23 2012, 05:04 PM)
can pm me which high end condo is available for daily rental? might be good to have a party there. thanks!
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I don't know what is your definition of high end, but the below one is quite a good one:
Txxxxxxxsa Sxxxxal ... You can find it in agoda biggrin.gif

But guys, try not to do that, you'll disturb real residences very much notworthy.gif
dariofoo
post May 23 2012, 06:33 PM

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QUOTE(weanuhaske @ May 19 2012, 07:42 PM)
Hi all
I would like to turn a condo into homestay.My question is it legal to make it into a homestay for daily renting like hotel that has been going on in Malaysia for quite sometimes. For example at airbnb.com and ibilik.com.my I have found many condos for daily renting.
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It is not illegal. As long there is no nuisance caused to the use and enjoyment of the other units AND there is no loss or damage to the common property, there is nothing to stop you from doing so.

I see no difference between a person who rents out a unit on a daily basis to a noisy, boisterous family for profit AND a person who allows his noisy, boisterous relatives to stay in his unit for free. If it is nuisance, it is nuisance, irrespective of whether the stay is for a fee or otherwise.

icon_rolleyes.gif

This post has been edited by dariofoo: May 23 2012, 06:34 PM
michaellee
post May 23 2012, 08:05 PM

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QUOTE(dariofoo @ May 23 2012, 06:33 PM)
It is not illegal. As long there is no nuisance caused to the use and enjoyment of the other units AND there is no loss or damage to the common property, there is nothing to stop you from doing so.

I see no difference between a person who rents out a unit on a daily basis to a noisy, boisterous family for profit AND a person who allows his noisy, boisterous relatives to stay in his unit for free. If it is nuisance, it is nuisance, irrespective of whether the stay is for a fee or otherwise.

icon_rolleyes.gif
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Bro, I sometimes admire your patience in dishing out advices on this public forum. Truly patient. I don't think I can handle the loads of idiots who kept insisting that the illegal ways are the right ways of doing things. And frankly the moderators are hopeless. I made a report to ask them to kill off these unwanted elements, nothing is done. No wonder people say on internet, there are hell of barrages of wrong information. And in properties management cases, law suits can occur. By then will be too late to blame it on info they read on internet. Sigh.. if moderators are truly going to just keep quiet, I think I will not offer my advice anymore and lurk in other forums. Thanks again for sharing bro.
Backkom
post May 23 2012, 08:47 PM

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QUOTE(ecin @ May 23 2012, 05:21 PM)
I don't know what is your definition of high end, but the below one is quite a good one:
Txxxxxxxsa Sxxxxal ... You can find it in agoda  biggrin.gif

But guys, try not to do that, you'll disturb real residences very much  notworthy.gif
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Thanks... please do not come to TS for daily rent, real resident like me gets annoyed because we just totally lose control over the incoming crowd...

Hmm let me rephrase - please come to TS for one night, you can come and have a not-too-noisy party, and please give me the unit number of that God-damn-boutel! For that I'll buy you a big big supper thumbup.gif


Added on May 23, 2012, 8:48 pm
QUOTE(dariofoo @ May 23 2012, 06:33 PM)
It is not illegal. As long there is no nuisance caused to the use and enjoyment of the other units AND there is no loss or damage to the common property, there is nothing to stop you from doing so.

I see no difference between a person who rents out a unit on a daily basis to a noisy, boisterous family for profit AND a person who allows his noisy, boisterous relatives to stay in his unit for free. If it is nuisance, it is nuisance, irrespective of whether the stay is for a fee or otherwise.

icon_rolleyes.gif
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Taikor, coming from a resident/JMB standpoint, we really don't want this kind of business to exist in our condo - due to security and crowd control reasons.
Any tips on how we can effectively draft the house rules to deter this kinda activities?


Added on May 23, 2012, 8:56 pm
QUOTE(michaellee @ May 23 2012, 04:41 PM)
Yes that's what the DOMC says. But there is no precedent cases where the definition of commercial purposes can be define. What is not commercial purposes? 1 week? 1 month? 3 months? 6 months? 12 months? Unfortunately there is no single definition for the word commercial.

I was doing 3 months rental for some of my units before and the nasty management tried to shut us down. I won't go into details what happened thereafter, but we stood our grounds and won. It is not easy to define what is commercial. I have recently purchase quite a number of units which I intend to turn into a sort of mini hotel with daily rate due to the location of the high rise. I am likely to face problems but heck, since my group of people own a few floors, chances of us winning the AGM is higher than those against. The sad reality of a poorly set up Strata Title Act for Malaysia.
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To me, as long as we can effectively record the resident's details - for security reasons - with proper access control, I don't see a problem of doing short term rental such as 3 months.

But daily rent, there's no way the management and security can track the activities.
Of course you're right, coming from the business and legal point of view.
But as an owner to the condo, wouldn't you want to protect the reputation and upkeep of your property (and it's common area and security), and aim for long term sustainability and capital gain?
It only takes one big criminal case (or one explosion) to bring the condo's name down.

This post has been edited by Backkom: May 23 2012, 08:56 PM
ecin
post May 23 2012, 09:21 PM

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QUOTE(Backkom @ May 23 2012, 08:47 PM)
Thanks... please do not come to TS for daily rent, real resident like me gets annoyed because we just totally lose control over the incoming crowd...

Hmm let me rephrase - please come to TS for one night, you can come and have a not-too-noisy party, and please give me the unit number of that God-damn-boutel! For that I'll buy you a big big supper  thumbup.gif
Oh... TS owner here.

Would you mind to share how's the situation now due to that?
And, nobody stressed management/JMB?
No "fighting" in AGM? (I've seen before somewhere else)

Backkom
post May 23 2012, 10:02 PM

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QUOTE(ecin @ May 23 2012, 09:21 PM)
Oh... TS owner here.

Would you mind to share how's the situation now due to that?
And, nobody stressed management/JMB?
No "fighting" in AGM? (I've seen before somewhere else)
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Sigh, we got bigger problem - the cheapo developer refused to call for AGM despite the VP was 30th April 2011 - I'm really tempted to sue them and send the tauke to jail...

Developer is in control - so we don't have resident pass system. Plus tenants are too "fluid", keep moving in and out (coupled with this Boutel going on)...
And having ME tenants who don't sleep at night (they have fun at poolside till 3am) and loves to litter really doesn't help...
Management office is all ready to shut the Boutel down but we need to give them the unit number... (and they advised that we residents better not get involved directly)...

ecin
post May 23 2012, 11:33 PM

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QUOTE(Backkom @ May 23 2012, 10:02 PM)
Sigh, we got bigger problem - the cheapo developer refused to call for AGM despite the VP was 30th April 2011 - I'm really tempted to sue them and send the tauke to jail...

Developer is in control - so we don't have resident pass system. Plus tenants are too "fluid", keep moving in and out (coupled with this Boutel going on)...
And having ME tenants who don't sleep at night (they have fun at poolside till 3am) and loves to litter really doesn't help...
Management office is all ready to shut the Boutel down but we need to give them the unit number... (and they advised that we residents better not get involved directly)...
*
Ops, you guys have to work harder then ..

ME last time Seri Maya got many people complained also, but I guess it's now got better, seems like didn't hear much anymore, probably you guys someone can go and check it out what had them implemented to reduce similar issues.
dariofoo
post May 24 2012, 01:37 PM

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QUOTE(michaellee @ May 23 2012, 08:05 PM)
Bro, I sometimes admire your patience in dishing out advices on this public forum. Truly patient. I don't think I can handle the loads of idiots who kept insisting that the illegal ways are the right ways of doing things.
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A lot of people like to take the easy way out of things without realising the consequences. I have seen the consequences myself, in a case where the tenant sued the landlord for unlawful interference with use and enjoyment of premises by cutting off electricity and water. The tenant successfully obtained an injunction to compel the landlord to restore the utilities. The Judge held that the fact that the tenant had arrears of rental was a separate issue altogether and does not justify the interruption of supply of utilities to the premises. The best part was, the landlord was the wife of a lawyer, who acted for her in the suit and still lost the injunction. Although the case was later settled, a lot of time and money was wasted to defend the injunction.

That the consequence which a landlord must face if he decides to use self-help measures.


QUOTE(michaellee @ May 23 2012, 08:05 PM)
And frankly the moderators are hopeless. I made a report to ask them to kill off these unwanted elements, nothing is done. No wonder people say on internet, there are hell of barrages of wrong information. And in properties management cases, law suits can occur. By then will be too late to blame it on info they read on internet. Sigh.. if moderators are truly going to just keep quiet, I think I will not offer my advice anymore and lurk in other forums. Thanks again for sharing bro.
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To be fair, I don't think the moderators would delete or take action against those seemingly illegal or wrong advice. In fact, how would the moderators even know, from a STRICTLY legal standpoint, as to whether the advice is accurate or otherwise? In fact, the particular TS ought to know and judge for himself whether the advice is good or otherwise. From the language and terms used, from the background of the forummer posting it. Ultimately, if that TS is really looking for genuine advice, go seek an ACTUAL lawyer for some proper consultation. They are only looking for trouble if they put their trust in various strangers giving advice using a pseudonym and shielding behind an avatar.

The fact that the mods have allowed Lawyer's Corner to be a pinned topic is a good thing. It is a one-stop centre for legal advice. Yet, some folks deem it more befitting to open their own topics and ask legal advice from the general public. To expect the mods to then 'look out' for idiots giving misleading advice would be stretching it too far as the TS ought to know better since there is a dedicated thread to seek legal advice from.

Like the saying goes, 'you can lead a horse to water but you can't force it to drink'.

I'm sure there's the silent majority who reads your advice and understands accordingly. So, do keep on plodding along and keep up the good work, mate smile.gif

icon_rolleyes.gif
yankicip
post May 24 2012, 01:45 PM

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QUOTE(dariofoo @ May 24 2012, 02:37 PM)
A lot of people like to take the easy way out of things without realising the consequences. I have seen the consequences myself, in a case where the tenant sued the landlord for unlawful interference with use and enjoyment of premises by cutting off electricity and water. The tenant successfully obtained an injunction to compel the landlord to restore the utilities. The Judge held that the fact that the tenant had arrears of rental was a separate issue altogether and does not justify the interruption of supply of utilities to the premises. The best part was, the landlord was the wife of a lawyer, who acted for her in the suit and still lost the injunction. Although the case was later settled, a lot of time and money was wasted to defend the injunction.


icon_rolleyes.gif
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Wodering, in order to be avoid being sue for cutting water and electricity.

So , if we included this term and condition. Can we escape?


" Upon failing to make payment of rental from tenant to Landlord for more than 30 days. Landlord can cutting electicity and water to the said property without notice to tenant "

cherroy
post May 24 2012, 03:20 PM

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QUOTE(dariofoo @ May 24 2012, 01:37 PM)
A lot of people like to take the easy way out of things without realising the consequences. I have seen the consequences myself, in a case where the tenant sued the landlord for unlawful interference with use and enjoyment of premises by cutting off electricity and water. The tenant successfully obtained an injunction to compel the landlord to restore the utilities. The Judge held that the fact that the tenant had arrears of rental was a separate issue altogether and does not justify the interruption of supply of utilities to the premises. The best part was, the landlord was the wife of a lawyer, who acted for her in the suit and still lost the injunction. Although the case was later settled, a lot of time and money was wasted to defend the injunction.

That the consequence which a landlord must face if he decides to use self-help measures.
To be fair, I don't think the moderators would delete or take action against those seemingly illegal or wrong advice. In fact, how would the moderators even know, from a STRICTLY legal standpoint, as to whether the advice is accurate or otherwise? In fact, the particular TS ought to know and judge for himself whether the advice is good or otherwise. From the language and terms used, from the background of the forummer posting it. Ultimately, if that TS is really looking for genuine advice, go seek an ACTUAL lawyer for some proper consultation. They are only looking for trouble if they put their trust in various strangers giving advice using a pseudonym and shielding behind an avatar.

The fact that the mods have allowed Lawyer's Corner to be a pinned topic is a good thing. It is a one-stop centre for legal advice. Yet, some folks deem it more befitting to open their own topics and ask legal advice from the general public. To expect the mods to then 'look out' for idiots giving misleading advice would be stretching it too far as the TS ought to know better since there is a dedicated thread to seek legal advice from.

Like the saying goes, 'you can lead a horse to water but you can't force it to drink'.

I'm sure there's the silent majority who reads your advice and understands accordingly. So, do keep on plodding along and keep up the good work, mate  smile.gif

icon_rolleyes.gif
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Yes, indeed.

There is not clear cut law, stated, what if tenants do not pay the rental, landlord has the right to cut water and electricity supply.
There is no specific law stated one can or cannot rent for 1 day, 1 month or 1 year.
There is only local authority regulation stated, residential property cannot be used for commercial like motel.

Rent 1 day is or is not a commercial usage, it is not up to ordinary person like me or we to judge. It is until there is preceding case and judgement being made, only then we can know what is verdict.

Whatever comment made here doesn't mean it must be right or wrong.
Some may be ill advised, some may be good one. It is up to reader to filter and judge on one own.
It is an open forum place,
moderator is not the one that know every piece of law and regulation which is right or wrong.
So it is not for moderator to delete those comment (even ill advised one), we can pin-point to the fact whatever comment is ill advised and wrongly, which is good enough to remind readers around.



QUOTE(yankicip @ May 24 2012, 01:45 PM)
Wodering, in order to be avoid being sue for cutting water and electricity.

So , if we included this term and condition. Can we escape?
" Upon failing to make payment of rental from tenant  to Landlord for more than 30 days. Landlord can cutting electicity and water to the said property without notice to tenant "
*
You can, but it is not 100% sure will win the case as well.
As any T&C that violate the basic law, it can be deem void and null one or can be challenged.

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