Important information for landlord, Investment strategy, Lease agreement and lease agreement, Legal defense of the landlord, Termination of lease, termination, agreement, Selection and purchase of an apartment for rent.

If you own a cooperative apartment and want to rent it, this article will reveal the pitfalls you need to avoid.

  • The cooperative apartment does not belong to you as its user, but to the cooperative.
  • And that is why renting a cooperative apartment is significantly different from “regular” renting.

So what to watch out for?

A cooperative Dutamas apartment for rent cannot be rented, but it is still possible to offer it for housing for a fee. In this case, it will be a sublease. However, a member of the cooperative needs the written consent of the cooperative to provide the sublease.

It is not possible to rent something to someone we do not own. This also applies to a cooperative apartment, which is not owned by a specific person, but by a cooperative. A member of the cooperative is only a tenant in the apartment, although he has a share in the total property of the cooperative. The relationship between a member and a cooperative regarding a given apartment is based on a lease agreement.

However, this does not mean that a cooperative cannot offer Dutamas Property for rent to someone else for a living fee. However, it will not be a lease, but a Sublease. The sublease has its limitations, both for the cooperative and for the subtenant. For example, a rented apartment can be sublet only with the written consent of the owner, i.e. the cooperative.

Sublease in the new Civil Code:

The tenant may sublet part of the apartment to a third party if he lives permanently in the apartment, even without the landlord’s consent.

  1. In the event that the tenant does not permanently reside in the apartment, he may sublet the apartment or part thereof to a third party only with the consent of the landlord.
  2. The application for the granting of consent to sublease and consent to sublease requires a written form. If the landlord does not comment on the application within one month, the consent shall be deemed to have been given; this does not apply if a sublease ban has been agreed.

You may be interested in: What to do if the tenant does not pay the rent due to coronavirus and quarantine. If the tenant sublets the apartment or part of it to a third party in violation of the provisions of Sections 2274 and 2275, he will grossly violate his obligation. This is applicable to all whether you reside in Sunway Damansara property or in Dutama. 

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