Living in a HOAS apartment but will have a family visit soon

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Rip
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Re: Living in a HOAS apartment but will have a family visit

Post by Rip » Thu Mar 20, 2014 12:29 pm

Interestingly the statement in their terms is
6. Handing over the apartment to another person
The Tenant living in student housing may not, without the permission of the Lessor, hand over the apartment or part of it, or have persons living there who are not covered by the tenancy agreement, or transfer the tenancy agreement. The Lessor requires that the apartment be used for student housing (AHVL 17, 18, 44 and 45§).
The section 17 explicitly gives one the right to accommodate (even long term) close relatives:
Section 17
Assignment of a residential apartment to the use of another person

The tenant may use the residential apartment as his or her own home or as a joint home with his or her spouse and the children belonging to the tenant’s family. The tenant may also use the apartment as a joint home with his or her near relative or a near relative of his or her spouse or assign by sub-lease or otherwise no more than half of the residential apartment to another person’s use for residential purposes if this does not cause the lessor significant inconvenience or disturbance.
(that is the full text of section 17 that they refer to without actually explaining how is their text in anyway compatible with it)
http://www.finlex.fi/fi/laki/kaannokset ... 950481.pdf

section 17 is also binding regulation that can not be restricted by terms of the rental contract
Section 26
Prohibited stipulations concerning the use, condition and maintenance of the apartment and liability

Any stipulation restricting the tenant’s rights under sections 16-25 to obtain possession of the apartment, to use it, to assign the apartment or part thereof for another person’s use, to require that the apartment be in the condition laid down in law or agreed, to rescind the agreement or gain exemption from payment of rent or a rent reduction, or to obtain compensation, or which makes the liability of the ten-ant, or of the person to whom the tenant has assigned the apartment or part thereof, for any damage to the facilities designated for residential purposes greater than that laid down in this chapter, shall be null and void.
text in Finnish: http://www.finlex.fi/fi/laki/ajantasa/1995/19950481
I dare not to give you a recommendation, but be at least aware if you decide to go ahead and get into trouble, HOAS legal position may not be that strong as they like to claim.
Last edited by Rip on Thu Mar 20, 2014 12:34 pm, edited 1 time in total.



Re: Living in a HOAS apartment but will have a family visit

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rinso
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Re: Living in a HOAS apartment but will have a family visit

Post by rinso » Thu Mar 20, 2014 12:33 pm

Don't take the risk. If he reports you, you will be dependent on how strict Hoas enforces this rule. And Hoas is not known for its client friendly approach.
Better let your parents stay in a hotel.
I dare not to give you a recommendation, but be at least aware if you decide to go ahead and get into trouble, HOAS legal position may not be that strong as they like to claim.
But is it wise to let it escalate into a legal battle?

Rip
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Re: Living in a HOAS apartment but will have a family visit

Post by Rip » Thu Mar 20, 2014 12:50 pm

rinso wrote: But is it wise to let it escalate into a legal battle?
As I said, I wished not give a recommendation, but considering the situation I thought it was possible that OP might take the risk with neighbor anyway.

(and if I'm right, it wouldn't be a legal battle. HOAS would be just hoping nobody calls their bluff)

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jahasjahas
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Re: Living in a HOAS apartment but will have a family visit

Post by jahasjahas » Thu Mar 20, 2014 1:15 pm

I'm pretty sure HOAS is mostly talking about housing someone permanently, not a short visit.

Are we talking about two days or two weeks?

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mrjimsfc
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Re: Living in a HOAS apartment but will have a family visit

Post by mrjimsfc » Thu Mar 20, 2014 3:09 pm

ziyuang wrote:A typical length of a family visit is 3 months, in my case.
Are they even able to get a visa for that length of time? In any case, three months is way over any acceptable limits for HOAS. However, I do have an answer for your dilemma. Instead of having them visit during the summer, invite them for Christmas vacation. After a few days of never-ending dark, they'll be ready to leave. :twisted:
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betelgeuse
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Re: Living in a HOAS apartment but will have a family visit

Post by betelgeuse » Thu Mar 20, 2014 4:19 pm

mrjimsfc wrote:
ziyuang wrote:A typical length of a family visit is 3 months, in my case.
Are they even able to get a visa for that length of time? In any case, three months is way over any acceptable limits for HOAS. However, I do have an answer for your dilemma. Instead of having them visit during the summer, invite them for Christmas vacation. After a few days of never-ending dark, they'll be ready to leave. :twisted:
Schengen Visa is 90 days so yes they can. To answer the general question, since it's a shared apartment having parents over for 3 months could be considered to cause significant inconvenience or disturbance.

Rip
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Re: Living in a HOAS apartment but will have a family visit

Post by Rip » Thu Mar 20, 2014 5:37 pm

I must say, I was thinking about some shorter period myself. Law is what it is, but also considering also the kind of apartment, the case for "significant disturbance" gets stronger with such an extended period.

atas
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Re: Living in a HOAS apartment but will have a family visit

Post by atas » Thu Mar 20, 2014 7:58 pm

So, if I understood correctly, you intend to share one room with your parents for 3 months? That's strange enough in itself. HOAS is doing you a favor.

Upphew
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Re: Living in a HOAS apartment but will have a family visit

Post by Upphew » Thu Mar 20, 2014 11:12 pm

anna.g wrote:Three months is not a visit, it's a relocation.

You should probably search for a new apartment to rent. And btw, there are regulations about how many people can live under certain square meters, you can't (legally) fit 5 people in a studio.
Over three months is considered a relocation by Finnish law. Sister lived one summer with parents during her studies, they did have to inform and pay extra water fees. Studio wouldn't be such big problem, imo, but shared toilet with double of people sharing... I'd do something to thin the herd too.
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Rip
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Re: Living in a HOAS apartment but will have a family visit

Post by Rip » Tue Mar 25, 2014 10:45 am

ziyuang wrote: But I cannot find this section 17 in HOAS's website.
AHVL 17
AHVL = Laki asuinhuoneiston vuokrauksesta ("Asuinhuoneenvuokralaki") = Act on Residential Leases
(But when I wrote the earlier I wasn't quite thinking about three months where the "significant inconvenience or disturbance" qualifier may start become more and more relevant)

Rip
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Re: Living in a HOAS apartment but will have a family visit

Post by Rip » Tue Mar 25, 2014 10:48 am

Cory wrote:Why not just call HOAS and ask?
I'd take it for granted they'd stick to their position even if it were not legally valid.
(also applies to "HOAS wants to bill me 400€ for cleaning and repairs even though I left the flat in better shape than I got it in the first place")

Rip
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Re: Living in a HOAS apartment but will have a family visit

Post by Rip » Tue Mar 25, 2014 10:56 am

ziyuang wrote: Thank you. I have solved the problem somehow. But is it an act "beyond" HOAS's rules?
It is a law passed by the parliament and when in explicit conflict will supersede any lower level rules, like private contracts.
Any stipulation restricting the tenant’s rights under sections 16-25 [...] shall be null and void.

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neronakos
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Re: Living in a HOAS apartment but will have a family visit

Post by neronakos » Fri Apr 04, 2014 5:54 pm

Sorry, I didn't read all the answers, but you just want to host someone. I am hosting people all the time. Where is the problem? You can even subrent your appartment. And guess what, some people don't even mention it to HOAS and they charge more than they are allowed. Please proceed with the accomodation. Noone will bother you

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jahasjahas
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Re: Living in a HOAS apartment but will have a family visit

Post by jahasjahas » Fri Apr 04, 2014 6:20 pm

neronakos wrote:Sorry, I didn't read all the answers, but you just want to host someone. I am hosting people all the time. Where is the problem? You can even subrent your appartment. And guess what, some people don't even mention it to HOAS and they charge more than they are allowed. Please proceed with the accomodation. Noone will bother you
Two additional people in a shared apartment for three months, when they already have "tense relations" with a flatmate/neighbor? Sounds like an awesome idea.

pet.brychtova
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Re: Living in a HOAS apartment but will have a family visit

Post by pet.brychtova » Fri Apr 04, 2014 10:40 pm

btw there is no such restriction in HOAS studios...(I guess thats because nno one could control it)


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