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Definition of subletting

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brian_singapore
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Definition of subletting

Post by brian_singapore » Thu, 03 Nov 2016 2:03 pm

If you rent a condo and then get a roomate and they share the rent or pay you rent, is that subletting?

Or is it only subletting if you rent out the entire unit and live somewhere else?

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bgd
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Re: Definition of subletting

Post by bgd » Thu, 03 Nov 2016 2:49 pm

Not sure, I guess it could be construed as subletting part of the condo, i.e. a bedroom. But there is usually a clause in the TA that stipulates who can reside in the condo. Might want to check that first or alter to suit if you haven't rented yet

x9200
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Re: Definition of subletting

Post by x9200 » Thu, 03 Nov 2016 3:23 pm

I would say, anything that involves letting a part of the property (shared or not) to someone else not explicitly mentioned in your TA as the occupant, where you receive any form of compensation that may be counted as a payment for the letting.

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martincymru
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Re: Definition of subletting

Post by martincymru » Fri, 04 Nov 2016 8:46 am

x9200 wrote:I would say, anything that involves letting a part of the property (shared or not) to someone else not explicitly mentioned in your TA as the occupant, where you receive any form of compensation that may be counted as a payment for the letting.
what if you receive no compensation?

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Re: Definition of subletting

Post by x9200 » Fri, 04 Nov 2016 9:31 am

I think it's a more tricky situation. It still can be seen I believe as subletting but the cut seems less clear.

Subletting is a form of lease. Lease typically involves contractual agreement with the payments. On the other hand, if one is letting to somebody a part of the property for free it can be seen as making a donation. How would it be different from receiving a payment and giving it back? And it may also involve taxation.

If we omit the payment thing, subletting would be just letting somebody to possess a part of the property.

Obviously there is also time and relationship factor. If I let my friend to stay with me for a couple of days, I don't think anybody would consider it subletting. But if I require that friend to pay me for the stay, well, I think it could be seen as subletting or other form of short term rental.

Just speculating, I am not a lawyer.

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