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Option clause in second year of rental

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  1. #1

    Join Date
    Dec 2006
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    Hong Kong
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    Option clause in second year of rental

    Hi,

    If the rental is from the first of every month to the end of the month and I want to leave midway in the option Year (2nd year), then do I really have to pay a full month’s rent to the landlord or can i pay half?

    I am on the standard green contract that property agents give out and it’s one month’s notice in the option Year both ways.

    So if i give notice on the 15th of the previous month, can I leave and pay half the rent for the next month?

    Thanks!


  2. #2

    Join Date
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    each LL is different as it is them that give the final say so just give your LL heads up and discuss with them if its ok or not for 1/2 months rent.

    ltcommander likes this.

  3. #3

    Join Date
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    Quote Originally Posted by chuckster007:
    each LL is different as it is them that give the final say so just give your LL heads up and discuss with them if its ok or not for 1/2 months rent.
    but if the LL says 'no', don't we have the final say as it says "1 month notice" on the contract? Don't I just need to give notice in the previous month on the 15th?

    shouldn't it be more of my say than his?

  4. #4

    Join Date
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    I imagine that you could provided you explain to your landlord.

    If the landlord gets annoyed then it's easy for them to not refund your deposit. So do you want to stir up trouble ?

    ltcommander likes this.

  5. #5

    Chapter 1 of the Laws of Hong Kong defines "month" as a calendar month. Plus your rental agreement is from the 1st to the end of each month. I would say legally the landlord in your case has very good grounds for arguing that you have to give a full calendar months' notice.

    That said, why not do as Chuckster and MandM suggest and discuss the matter with the Landlord?

    ltcommander and JAherbert like this.

  6. #6

    Join Date
    Dec 2005
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    Quote Originally Posted by ltcommander:
    Hi,

    If the rental is from the first of every month to the end of the month and I want to leave midway in the option Year (2nd year), then do I really have to pay a full month’s rent to the landlord or can i pay half?

    I am on the standard green contract that property agents give out and it’s one month’s notice in the option Year both ways.

    So if i give notice on the 15th of the previous month, can I leave and pay half the rent for the next month?

    Thanks!
    I had personal experience of giving notice on middle of a month atleast 2 times during the past few years. For the last month i paid the rent in full. On the day of handover, LL inspected the flat and both of us agreed on the amount that has to be returned. He gave back the deposit and half month rent.
    ltcommander likes this.

  7. #7
    Original Post Deleted


    I was referring to what the law says in my first paragraph as well as the fact that the LL has a good arguable case under the law in my opinion.
    Of course in real life, most landlords will not bother to do that over half a month's rent. But that is a separate matter.

    In my second paragraph I suggested OP discuss the matter with the LL, because most LLs (myself included) will be reasonable and since the tenant has given ample notice, the LL won't insist on the tenant remaining for another 15 days and paying the rent thereof. There is nothing to be gained by the LL by insisting on a full calendar month's notice because now that he has received notice, he can start planning on the next tenancy. Not all tenancies start on the 1st of each month.
    shri likes this.