The association accepts rent in the second place if you will work or study elsewhere. Even "test residents" elsewhere are an acceptable reason to be rented out in the second place.
We would like your application to be in writing. The form for the application for second-hand rental can be found under Forms and forms. Open in a new window. You also have the opportunity to get the form from the expedition.
The application leaves / sends you to our Property Manager. Open in a new window or leave at the Expedition.
General for second hand rentals
In everyday life, it is often stated that a tenant owner wants to rent his apartment in second hand. However, the legislators have used the term "second hand" The reason for this is that a homeowner can let someone reside at the apartment without requesting any compensation for this. A rental under the tenancy regulations requires that the tenant owner requires some form of compensation from the person who is using the apartment. If the concept of second-hand lease was used, lending of the apartment would not be covered by the provision. The legislature's ambition has been that all vacancies of the apartment should be covered, hence the concept of second-hand assignment.
Lease Board's permission
If the board does not give the tenant owner consent to a second-hand assignment, the tenant owner may apply for a permit to the tenancy board. The Board of Directors' decision can not be appealed. According to the wording of the provision, the tenant owner can only seek permission from the tenure board when the board decides to reject his application. In order for the lease to grant permission for a second-hand application, the following conditions shall apply: The tenant owner shall have reasonable grounds for the assignment and, for his part, shall have no legitimate reason to refuse consent.
The association's consent is required
A tenant owner who wants to assign his entire apartment to someone else must apply for the association's consent. Although an apartment is assigned to someone who is closely related to the tenant owner, this is considered to be a second-hand notice if the tenant owner does not live in the apartment. Whether the tenant is entitled to compensation for the person who lives in the apartment is irrelevant for the assessment if it is to be considered as a second-hand acquisition.
The Board of Directors decides under what conditions to grant the tenant's application for second-hand assignment. It is important that the association has clear guidelines for which policy should apply within the association and that all members are treated equally. If the board wishes to go further than the legislature has stated in its permit, it has the full freedom to do so. However, it is important to take into account the consequences of such a position. It should be noted that the General Assembly, through its directives, may provide instructions to the Board for a more liberal or more restrictive application of the provisions on secondment.
Many associations choose to apply the framework set by the legislature for permission for second-hand acquisition, ie. that the tenant owner must have reasonable grounds and that the association has no legitimate reason to deny second-hand leasing. If the board does not consent to a second-hand assignment, the tenant owner has the opportunity to let the rental board examine the matter. A second-hand rental permit should always be limited to a certain amount of time.
Prerequisites for second-hand acquisition
Authorization for a second-hand application shall be given if the tenant owner has reasonable grounds for the assignment. The reason for the second hand acquisition should be given some weight to be acceptable. Pure speculative purchases in which the tenant owner should not live in the apartment should not benefit. There should be situations where the tenant owner has both significant reasons not to use the apartment as a reason for maintaining it. For example, because of age and illness, temporary residence in another place, special family conditions or comparable conditions, the tenant owner has reasonable grounds for the assignment. Other reasons may also arise. One example is that permits should be allowed when a parent has a smaller residence and wants to rent it to his child or when a person has acquired an apartment to settle there after retirement but needs to be able to rent it for a transitional period .
The significant reasons that the tenant owner may have for a second-hand acquisition may be weighed against the consideration of the association. A second-hand grant should not be admitted when the association has sufficiently serious reasons for opposing it. Consent may be refused when the association has a proper reason, for example, that the proposed tenant can not be accepted. The test shall in this part refer to the personal qualifications of the person who is to live in the apartment. On the other hand, its ability to pay is in most cases lacking, as the tenant is responsible to the association for the financial obligations under the secondment. The interesting thing is, therefore, whether the tenant can be accepted as a resident of the association during the term of office. If the association has special conditions for membership of the statutes, eg an age limit of 55 years in elderly associations, this should be taken into account.
It is reasonable to be able to claim that the apartments in the association will not be overly occupied by persons who would not meet the requirements for membership in the acquisition of the housing court. The longer a homeowner intends not to use the apartment, the weaker the norm will usually be the reason for hiring second-hand rentals against the will of the association.
As stated above, no tenant owner who lives in another apartment in the town does not want to sell the tenant for some reasons for reasonable reasons. For example, it is apparent that the application of the provision requires a certain compulsory situation, which means that the tenant owner is not allowed to use the apartment. Being entitled to refuse consent to a second-hand assignment, the association may have if the person who is to use the apartment can not reasonably be accepted.
Housing owners, like tenants, have the right to stay in their apartment without a special permit. This applies to both tenant-owner owners who hold residential apartments as premises. Nowadays, tenant owners have the right to such partial sublocation if this can be done without but for the association or another member. Since partial sublocation, in principle, does not require the state of the board, the boundary between total and partial sublocation is essential.
Hence, the tenant owner has the right to rent one or more rooms in an apartment that he owns with housing rights. There is no limitation as to how much part of the apartment that may be granted in this way. However, it is required that the tenant owner himself has control over the apartment. It is because he has to dispose of a part of the apartment himself, so that he does not rent out all rooms. Deciding whether a sublocation should be considered as total (second-hand) or partial (assignment of part of a flat to an occupant) shall be whether the tenant has given the apartment to another for self-employed or not. If the apartment has been granted for the second-hand tenant's independent use, the sale should be considered as a second-hand purchase. This should apply even if any room is locked for the second-hand tenant.
Exactly where the boundary between partial and total sublocation goes is difficult to specify. If the tenant owner himself uses a room in the apartment and charges the other apartment, it would be a partial sublocation - resident. However, if the tenant owner lives elsewhere but has access to the apartment and regularly visits it, for example, to retrieve mail, it is more difficult to indicate whether it is to be considered as a whole or part of the apartment. However, much suggests that it should be considered as a second hand of the apartment as a whole. The size of the apartment can also be of importance in the assessment. In an apartment about a room and kitchen it is objectively more difficult to have a living than in a four-bedroom apartment. In case of doubt, you may allow the court to decide the matter.
But for a union or another member
The right of residence of the tenant to a partial sublocation is valid only if it does not involve but for the association or other member. In this respect, the lease must not take such an extent or take place under such special circumstances that the association or other member is actually caused. However, as the owner of the apartment is responsible for the care and maintenance of the apartment, the association may only exceptionally occur.
Occurrently, however, for the association or for another member of the association, the tenant owner has exceeded the powers that the law gives him and thereby forfeited his right of use. Termination on account of the fact that an internment entails, but for the association or other member may only be made if the tenant owner has been sent a rectification request and thereafter he will not make corrections without delay. If rectification occurs before the association makes use of its right to termination, the tenant owner can not be separated from the apartment on that basis.
The risk of the apartment being forfeited
A tenant owner who rents the apartment, without the consent of the board or the board of directors, may risk the use of the apartment. This applies to both residential and premises. The tenant owner may not allow anyone to move into the apartment until he has been granted permission for the second hand acquisition. The tenant who does not apply for a permit or which allows the second-hand tenant to move in while the application is handled by the board is guilty of an unauthorized secondment. The owner of the housing right shall then be asked for a rectification to immediately terminate the unauthorized secondment.
It is important that the tenant owner receives a letter of rectification within two months after the association became aware of the unauthorized secondment. If the association does not observe this deadline, the unauthorized secondment may not be invoked as grounds for the confiscation of the right of use if the tenant owner objects to the late submission of the request. The right of residence may make a correction by interrupting the unauthorized second-hand application or without delay applying for consent to the second-hand application of the housing association. If the tenant association says no, the tenant owner may instead apply for a permit for the second instance of the tenancy board.