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Need Advice : Trouble with Landlord

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  1. #51

    Join Date
    May 2017
    Posts
    183
    Quote Originally Posted by bdw:
    Why dont you just tell the landlord that the water heater is the fixture of the apartment, and if it breaks through normal wear and tear is always landlord responsibility to fix, just like aircon, oven, water taps, or anything else in the apartment provided to you by the landlord at the time you move in. So you should get the full $31,000 deposit back. Have you said this politely to landlord? I am curious to know what kind of response the landlord will give to this, because to me its such a simple open and shut case that a tenant would never have to pay for something like this.

    I really dont like the idea of fighting in court etc like everyone else, but this is so openly obvious that LL would lose, and they must know this if they had even half a brain. Polite but firm "Sorry but the water heater is clearly your responsibility" might knock a bit of sense into them without having to go to court.

    I find it a bit strange people are suggesting to get other quotes on water heaters, negotiate on depreciation, etc. This whole area completely landlord responsibility. You pay landlord $2m rent over 6 years for them to deal with this shit and take care of the things that break normally.
    I missed telling an important detail. My mistake.

    Since, my estate was commissioned only in 2016, they gave full warranty on every electric appliance fitted in the apartments by the builder, e.g. Fridge, Microwave, Aircon, Water Heaters, Hob etc.

    Hence, the Standard Contract here mentioned wear-n-tear as responsibility of the tenant and Not LL.2`

    Estate's Warranty expired 2 years ago. And Hence, LL is behind my back for the repair costs of the water heater.

    I'm actually talking to my LL daily, He's unrelenting on the costs and Hence, he intentionally let the cheque bounce.
    MABinPengChau likes this.

  2. #52

    Join Date
    May 2017
    Posts
    183
    Quote Originally Posted by FrancisX:
    I agree, but the OP has no leverage aside from small claims, which just isn't going to happen.

    Landlord has keys plus deposit. That is a situation you never want to be facing.

    I'm not too clued up on banking, but does issuing a cheque have any bearing? Does that cheque still have any value for the OP or is it just a piece of paper now?
    Bank returned the cheque to me after the bounce. I can resubmit any time, It's still valid.

  3. #53

    Join Date
    May 2017
    Posts
    183

    Finally ! I settled this case with my ex landlord last night, through some threatening. Instead of 4k, I Got a cut of 1k.

    I threatened him that if he doesn’t finish this matter now, I’ll keep depositing the cheque again and again and thereby inflicting $300 penalty of his account.

    He relented and gave me cash by hand.

    Thanks to all the members here for the great advices !


  4. #54
    Quote Originally Posted by TheBrit:
    No sensible tenant will pay the last two months rent in Hong Kong due to the system that lets the landlord arbitarily deduct costs from the deposit with zero realistic recourse for the tenant. Case in point, this thread.
    Yep, exactly.

  5. #55

    Join Date
    Dec 2019
    Posts
    350
    Quote Originally Posted by sunyhk:
    Finally ! I settled this case with my ex landlord last night, through some threatening. Instead of 4k, I Got a cut of 1k.

    I threatened him that if he doesn’t finish this matter now, I’ll keep depositing the cheque again and again and thereby inflicting $300 penalty of his account.

    He relented and gave me cash by hand.

    Thanks to all the members here for the great advices !
    300 bucks for a bounced cheque? Jesus.

    Go deposit it 4 more times anyway so he loses more money than you. That's what I would have done. Nothing he can do now. F these people!
    FrancisX and sunyhk like this.

  6. #56

    Join Date
    Sep 2022
    Posts
    11

    I thought the water heater was tenant cost. If it busted during warranty, he'd still be the one to get it fixed. I'm almost scared to post this when there's such a skew towards tenants. sunyhk seems satisfied with outcome so it's a happy end but there was nothing unfair about the landlord trying to get the tenant to pay for it unless your angle is too bad sucker you didn't catch it during handover so screw you.


  7. #57

    Join Date
    Mar 2021
    Posts
    843
    Quote Originally Posted by Crankshaft:
    300 bucks for a bounced cheque? Jesus.

    Go deposit it 4 more times anyway so he loses more money than you. That's what I would have done. Nothing he can do now. F these people!
    Yep. I would have done this from the start if I'd known he'd get charged.

    Unless sarsi above is correct and it is the tenant's responsibility - in which case I'd pay up. Seems an odd one though.
    Crankshaft likes this.

  8. #58

    Join Date
    May 2017
    Posts
    183
    Quote Originally Posted by sarsi:
    I thought the water heater was tenant cost. If it busted during warranty, he'd still be the one to get it fixed. I'm almost scared to post this when there's such a skew towards tenants. sunyhk seems satisfied with outcome so it's a happy end but there was nothing unfair about the landlord trying to get the tenant to pay for it unless your angle is too bad sucker you didn't catch it during handover so screw you.
    As per the tenancy contract, It was my responsibility But it was detected after I vacated and the handover was completed (handing over the keys and accepting deposit cheque). During my tenancy of 5 years, I did fix a few things in the house, that went bad.

  9. #59

    Join Date
    Aug 2010
    Location
    港島
    Posts
    62
    Quote Originally Posted by sunyhk:
    Hi Everyone,

    I'm stuck in an issue with my ex-landlord. I vacated the apartment, Landlord inspected the apartment, and gave a Bank Check for the security deposit. The Next day, the landlord found a repair and blocked the check from being encashed. Now, He's demanding the costs of the repair before clearing the check.

    I don't want to pay the costs as I'm not sure how did it happen. What can I do to force my landlord to clear the check ?
    In Hong Kong,you can't always dishonour a cheque without legal consequences

    It's worth reading this:

    The Duty Lawyer Service : Tel-Law Scheme : Administration and constitutional law

    If a cheque is dishonored, the drawer must pay damages to the person who physically holds the cheque unless he can make out a defence. The most common defences are:-
    (1) That the holder of the cheque has not given value for the amount shown on the cheque.
    (2) The holder has failed to give notice of dishonor where it is required.
    (3) The cheque was issued and delivered for a specific purpose, and that particular purpose has not yet been fulfilled.
    (4) The drawer's signature on the cheque was forged.
    (5) The cheque has been materially altered.
    (6) The holder has obtained the cheque by fraud.
    (7) The drawer was forced to issue the cheque by threat or other means.
    (8) The cheque was issued pursuant to an illegal contract.
    FrancisX likes this.

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