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.
Condo for daily tenent..homestay..legal or illigal, Condo for investment
Condo for daily tenent..homestay..legal or illigal, Condo for investment
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May 23 2012, 04:18 PM
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#1
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Staff
25,802 posts Joined: Jan 2003 From: Penang |
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.
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May 24 2012, 03:20 PM
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#2
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25,802 posts Joined: Jan 2003 From: Penang |
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. Yes, indeed.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 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. You can, but it is not 100% sure will win the case as well. 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 " 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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May 24 2012, 03:27 PM
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#3
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25,802 posts Joined: Jan 2003 From: Penang |
QUOTE(michaellee @ May 23 2012, 04:41 PM) 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. Like that, I do not wish to buy the particular highrise building. If all owner across of the building is doing this, I don't think the property can fetch good price in the future. The bolded part can be seen as commercial use. Yes, how to define it as commercial use? Let the judge to decide. Added on May 24, 2012, 3:35 pm QUOTE(Backkom @ May 23 2012, 08:47 PM) When people knew a particular property being used like motel, I can bet valuation will be significant lower than another similar one being being managed properly and genuine own stay one. Little people want to buy a property for own stay that full of stranger that everyday changing due to daily motel renting. This post has been edited by cherroy: May 24 2012, 03:35 PM |
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May 25 2012, 10:57 AM
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#4
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25,802 posts Joined: Jan 2003 From: Penang |
QUOTE(michaellee @ May 25 2012, 12:25 AM) Actually there are clear cut case precedents on dealing with deliquent tenants and I have been promoting the legal way. Though I have never said that that is the most efficient way. I believe in such public forum, we should promote what is right rather than what is against the law, especially when Jalsrix mentioned that he has asked his lawyers, and some readers might interprete it as he had already done his research and advised accordingly. Such people are dangerous. He has failed to give the name of his lawyers and cases which supported his claims. Yes, there is no specific law saying that 1 day renting = commercial useLike I have said, and I think Dario had pointed out, 1 day rental does not constitute anything illegal as there is no specific law in dealing with it. If it is illegal, then renting out the property for 12 months is illegal too as it is on a commercial basis. 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. |
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May 25 2012, 11:34 AM
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#5
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25,802 posts Joined: Jan 2003 From: Penang |
QUOTE(michaellee @ May 25 2012, 11:06 AM) I think Dario had pointed out the cases where self help will only land the landlord in trouble. And it is a common knowledge among lawyers with some sense of the law that self help will land the landlord in trouble if the tenant happened to be knowledgeable about the law. Again, whether stealing Rm1 or stealing RM100 is less crime or not, it is not up to we to judge. You or we cannot say it is the same or less. Let me ask you, is stealing RM1 a lesser crime than someone stealing RM100? 1 day, 1 week, 1 month, 1 year make no difference at all. Like Dario had pointed out, a tenant who is on a 2 year contract might be a nuisance and the one on a 1 day contract might be an angel. So which tenant is better? Like my previous stand, I don't mind good debate and occasional bad advices. I can take and counter those. But when people like Jalsrix comes online and claimed that his lawyers have given such "illegal" advices and to date refuse to name his lawyers, it is dangerous. Newbies might pick the easiest way out since those advices are given by lawyers and because Michaellee is NOT a lawyer, hence his opinion will weigh a lot less. I believe dangerous people to society should be weeded out especially those who stubbornly thinks they are right and continued to use my lawyer says (and yet he got cheated by agents and bankers). It is up to legal juridication process to decide. It is also irresponsible to say renting daily and running like motel has no different than 1 month or 1 years ordinary lease, unless we have precedented case saying it is not illegal to run like motel aka daily renting like commercial. Don't get me wrong, I neither say renting 1 day is illegal as well. |
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Aug 10 2012, 01:21 AM
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#6
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25,802 posts Joined: Jan 2003 From: Penang |
QUOTE(lainux @ Aug 10 2012, 12:43 AM) To another poster question about controlling crowd. Long term tenants does not mean it must be good, but for security purpose, it is easier for them to control, monitor etc.how is controlling daily rent tenant any diff than friends of tenant visiting? If you can't control visitors coming in, then one should focus on fixing that issue first. one should look at the problem, rather than the tenant's period of stay. Like another poster has stated, long term tenants could cause more problem too. So, the problem is managing the building, not managing the rental type. would you prefer a yearly bad tenant living across you or a daily bad tenant across you? w/ daily, you might be annoyed few times a year, but w/ long term, you might be annoyed few days a week! Don't just w/o investigation & facts, claim short term renters as bad! if you can tighten the security to screen every visitor, then you have better security regardless of whether he is visitor, daily renter, owner, long term renter. It is impossible for security personnel to control and monitor if the properties is full of stranger everyday and changing everyday. Try to run a management company or security company with that, you will find and encounter problem to enforce a tight security in this kind of situation. Just like a mall, it is impossible to screen every visitors coming in, as everyday you see stranger and face keep on changing. If screening everyone, people complain, and also causing lot of time and effort by the security personnel, causing delay in access, car access etc. But with long term tenants mostly, security personnel can identify who is who, and even their routine visitors. No one want their properties or home being passed by stranger that keep on changing everyday except for the party wish to turn their properties into daily rent and reap profit from it. No offence. Yes bad long tenants is as bad. But we are talking about increase of security risk with extreme short term /daily tenants. It is not only increase the security risk, but can make the property value less appealing for future appreciation for genuine future own stay buyer. |
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