can you kick out the renter after you buy a flat?

Closed Thread
Page 1 of 4 1 2 3 4 LastLast
  1. #1

    Join Date
    Apr 2009
    Location
    Lake Silver
    Posts
    228

    can you kick out the renter after you buy a flat?

    Going to buy a flat with a lease agreement attached to it. The former owner gave the renter a lease til end of this july and has the option to renew it for one year, which the current renter choose to exercise. So technically the current renter can stay there til the end of next july.

    The real estate agent told me that if i buy the house with the rental agreement, i can give the current renter one month notice to move out. Is this true or the real estate agent is trying to play me and convince me to sign the sales agreement so she can get her commission?
    Posted via Mobile Device


  2. #2

    Join Date
    Apr 2005
    Location
    Sai Kung
    Posts
    8,561

    deleted post


  3. #3

    Join Date
    May 2006
    Location
    Siu Sai Wan
    Posts
    1,660

    Don't believe what the Agent says.
    Ask to see a copy of the lease agreement -that is the only way to be sure..


  4. #4

    Join Date
    Aug 2005
    Location
    Hong Kong
    Posts
    400

    it depends on the exact wording of the tenancy agreement but it's quite common to have a 1 or 2 month notice period during the option year. best to see a copy of the agreement to confirm.

    on an aside, note that if you buy a property with an existing tenancy agreement, this will be treated as an investor property by the hkmc and you will not be eligible for <30% down payment.


  5. #5

    Join Date
    Aug 2006
    Posts
    7,519

    I thought that if the buyer intends to use the property for their own use, then they can make the tenant leave. Anyone confirm this?


  6. #6

    Join Date
    Jul 2010
    Posts
    21

    So it depends on the lease terms. Usually in HK leasee and leaser sign a lease that's one year 'dead' and one year 'alive'. During the first year, neither parties can quit without fine. During the second year, both the leasee and leaser can stop the lease given enough prior notice. However, these terms are customizable. You should request the lease statement to be sure.


  7. #7

    Join Date
    Apr 2005
    Location
    Sai Kung
    Posts
    8,561

    i think that things MAY be different if you have a new landlord who has just purchased the property.

    i believe that if the new landlord wishes to LIVE in the property, then they CAN kick the tenant out. however, if the l/l only wants to rent it out for higher income, then they can't....

    i deleted my previous post as i wasn't sure of the details. i'm still not sure of the details, but your agent MAY be correct.


  8. #8

    Join Date
    Apr 2004
    Location
    hong kong
    Posts
    3,484
    Quote Originally Posted by carang:
    i think that things MAY be different if you have a new landlord who has just purchased the property.

    i believe that if the new landlord wishes to LIVE in the property, then they CAN kick the tenant out. however, if the l/l only wants to rent it out for higher income, then they can't....

    i deleted my previous post as i wasn't sure of the details. i'm still not sure of the details, but your agent MAY be correct.
    If your not sure then why post and just confuse the issue ?

    What you say is NOT correct.
    The only way a purchaser can buy and have no tenent leagaly able to occupy is to buy with a certified vacant possession.That means both landlord and tenant must sign a document attesting to this.

    If the contract is standard then you have no recourse for 13 months. Then you can require them to submit to any terms you want. In that way you can lay down terms that would not be acceptable and the tenant is mandated to move by themselves or you can just terminate the contract. IF........... its a standard contract. Your sloicitor should sight the contract himself as that indemnifies you against any slight of hand with false statments etc.

  9. #9

    Join Date
    Jul 2004
    Posts
    1,223
    Quote Originally Posted by carang:
    i think that things MAY be different if you have a new landlord who has just purchased the property.

    i believe that if the new landlord wishes to LIVE in the property, then they CAN kick the tenant out. however, if the l/l only wants to rent it out for higher income, then they can't....

    i deleted my previous post as i wasn't sure of the details. i'm still not sure of the details, but your agent MAY be correct.
    That sounds like complete rubbish to me.

  10. #10

    Join Date
    Oct 2006
    Posts
    4,905

    Obviously, you need to have a look at the tenancy agreement to make sure but this kind of lease is very common and what I personally have.

    Very often, the clause is that the lease can be terminated in the second year if the tenant or landlord give 30-60 day notice.

    My landlord asked to increase the rent during that option year which I flatly refused. The lease continues at its current level unless the landlord gives written notice for me to move out(which in my case is 30 days).


Closed Thread
Page 1 of 4 1 2 3 4 LastLast