QUOTE(cherroy @ May 25 2012, 10:57 AM)
Yes, there is no specific law saying that 1 day renting = commercial use
but neither said 1 day renting and running like motel is not a commercial use.
Then please always state the cases, and what is verdict as well, and law according to the deliquent tenants issue.
It will help and benefit all, as there is no specific law or guideline to tell landlord what can be done on deliquent tenants issue apart from legal procedure to chase after the owed money.
Whether it is legal or not, is not down to we think or you think.
It is down to the authority or judge to decide under juridication procedure, the definition of commercial use, whether daily renting to different person is a commercial use or not.
With all due respect, you are looking at it from a wrong angle. What I gather is that you're saying - there's nothing which says that 1 day renting and running like motel is not commercial use.
There is a maxim and general principle in law, derived from English law, that "
everything which is not prohibited is allowed". As such, unless there is a general prohibition on it, then it is permissible. As such, one cannot say just because there's nothing in the law which says that "1 day renting and running like motel is not commercial use" then we can presume that is MIGHT or CAN BE DEEMED TO be commercial use.
If we look at the Strata Titles Act, Section 34 provides:
34. Rights of proprietor in his parcel and common property.
(1) Subject to this section and other provisions of this Act, a proprietor shall have-
(a) in relation to his parcel (in the case of a parcel proprietor) the powers conferred by the National Land Code (NLC) on a proprietor in relation to his land;So, we go back to the NLC. NLC provides for lease of land. Tenancy is also recognised as a irrefutable right of a proprietor, provided that an agreement for a tenancy does not exceed 3 years. If it is more than 3 years, it has to be a lease. And a lease must be registered.
One must note that there is no minimum limit as to tenancy set by the law. As such, even a day's tenancy is considered legal. One cannot equate it to a hotel/motel as for such services, they do not require tenancy agreements to be drawn up. A signature on the registration form confirms that the occupant agrees to be bound by their Rules & Regulations set by the hotel/motel.
For landlords who are going to rent it out on a daily basis, a tenancy agreement still has to be drawn up and executed by the parties and subsequently stamped (if the landlord wants it to be enforceable and admitted as evidence in Court if a dispute arises).
So, we've basically established that even a daily tenancy by a proprietor is not commercial in nature and is not against the law with regard to the National Land Code and the Strata Titles Act.
Now, in the event that the tenant causes nuisance or trouble or transgresses upon the rights, use and enjoyment of OTHER proprietors and/or the common property of the condo, then yes, there is a breach in TORT. In this scenario, the other proprietors or the MC/JMB can take action against the tenant and/or proprietor for such tort.
The remedy for the other proprietors or the MC/JMB is to seek damages/compensation. That is all. The other proprietors or the MC/JMB cannot prohibit the landlord from subsequently renting out the premises to another party. That would be infringing upon the legal right of the proprietor to the use and disposal of his private property as he pleases. If another problem arises, another legal suit has to be filed again. The process is separate and commences again from scratch. If there are any losses/damage, then the tenant/proprietor, or both, must pay damages to the party who has suffered loss.
On another note, if there is sufficient proof to show that there is a commercial aspect to the rental (i.e. it is essentially a motel business disguised as a tenancy), then a complaint to the Local Authority can be done. Evidence such as:
1. The issuance of receipts with the landlord/proprietor being represented by a commercial entity in name, or even a name of a motel; or
2. Advertising and notices with the landlord/proprietor being represented by a commercial entity in name.
If there is black and white evidence of the above, then a complaint to the Local Authority (LA) can be justified. The LA can take action and fine the individual/company concerned for breach of municipal laws, eg for trading without a proper license, trading without proper signage/signboard. The Inland Revenue Board can also take action if they find out that the entity has not been declaring their profits for the purposes of taxation (as we can assume that the rental is paid by way of cash). In all such cases, the proprietor would be fined and warned.
However, if the scenario is such there is no receipts, no advertisements (depicting a hotel/motel scenario) and no representation by a legal entity that the premises are for commercial usage of a hotel/motel, then IT IS NOT ILLEGAL.
I hope the above clarification suffices.
This post has been edited by dariofoo: May 25 2012, 12:26 PM