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

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lainux
post Aug 10 2012, 12:30 AM

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QUOTE(dariofoo @ May 26 2012, 06:30 PM)
1. Both.
2. Doesn't matter if not registered. That's what you want - the fact they are running a business which is not registered. The proprietor/owner will be responsible nonetheless. That would be the party who would be penalised by the authorities.
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So what is the right way to do it if one is to rent out daily?

1) so if letting out as a company with receipt is constitute as commercial or hotel? so, what happens if a company owns a prop and renting it out yearly, and tenant asks for receipt?

lainux
post Aug 10 2012, 12:43 AM

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To another poster question about controlling crowd.

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.


Added on August 10, 2012, 12:47 am
QUOTE(dariofoo @ Aug 10 2012, 12:38 AM)
Right way to do it in what sense? If you're renting it out daily it is still considered a business. If you rent it out on a yearly basis that is different, as you would prepare a proper tenancy agreement and it would make the relationship that of a landlord and tenant.  That is legal.

If daily and with a receipt, that is clearly running a business, and if the law catches up on you, they can shut you down. icon_rolleyes.gif
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right way to rent it out daily. to me, renting it out yearly could be considered as business as well.

when will it be considered as a business? x=1 day? x=1 week?

what is the shortest possible period to avoid being considered as a biz?

just saying, assuming how a legal non business tenancy is considered.

1) renting period: x till y(in short n days)
2) draft & sign tenancy agreement
3) landlord as individual

so will it become illegal if:
- no tenancy is signed
- landlord is a company & receipt is issued


This post has been edited by lainux: Aug 10 2012, 12:59 AM
lainux
post Aug 10 2012, 09:59 AM

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QUOTE(dariofoo @ Aug 10 2012, 01:01 AM)
No.2 is enough to show existence of tenancy. You can even have a daily tenancy. However,is it practical to prepare, sign and stamp a tenancy agreement for a one day rental? But, if you want to really show that you are renting it out as a tenancy and not an unlicensed hotel, that is the only way to go about it, as much as it is not practical.

Landlord whether company or individual makes little difference. Earnings by way of rental is taxable in both scenarios.
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Thanks, so the real way to protect one self is to sign a tenancy agreement. Will electronic version work? Must it be stamped?

So, if a tenancy isn't stamped, one can be sued for running as a biz? regardless of the period.
lainux
post Aug 16 2012, 12:35 AM

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QUOTE(dariofoo @ Aug 10 2012, 12:30 PM)
If it's not stamped, it means you did not pay stamp duty. Stamp duty is tax. If you don't pay tax, is it legal?
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So, the owner(individual) MUST get his tenancy stamped, else he is breaking the law?

But if one is paying the income tax from his rental income, is it still illegal if tenancy is not stamped?

lets speak disregard to the period of tenancy. can one get into trouble if tenancy isn't stamped?

1) at what point is the tenancy becoming commercial?
2) if a company owns the prop & renting it out short term. is that commercial?
3) if a person owns the prop & renting it out short term, is that commercial?
4) is 2 different from 3?
5) is advertising for rental considered commercial? as everyone needs to advertise in order to get tenant.
6) if advertising is OK, is advertising at certain websites will deem it commercial?
7) if there is a company that manages props for owners to rent out, is that company legal? since that company will be issuing receipt, and its biz is to find tenants regardless of tenancy period.

As of now, after reading, it is quite vague to determine. As owner might get into trouble if he is unlucky(no tenancy or tenancy w/o stamping, he issues receipt & advertise on website...)



 

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