Reply
Page 1 of 2 1 2 LastLast
Like Tree10Likes

Chinese landlord screwed me - options ?

  1. #1

    Join Date
    Apr 2008
    Posts
    381

    Chinese landlord screwed me - options ?

    I have a warehouse rented in my name in Shenzhen, and yesterday(Monday) I asked my employee at the warehouse to notify the landlord that we will be terminating the contract due to the fact that I am winding down the business for which the warehouse was used.

    As the landlord does not speak any English, I have to do all interaction with him trough my employee who speaks some English.

    I was notified by my employee last night(Monday) that the landlord will not pay the deposit back, and today(Tuesday) around 4pm I am notified that the landlord has changed the locks and is intent on keeping the contents inside the warehouse.

    The rental agreement has a 1 month notice period.

    I have not visited the premises myself for a while, and I cannot easily visit it either as it would be a fairly long trip for me. I do think though my employee is telling the truth, so the above is what in fact has happened.

    The warehouse contents value, including the forfeited deposit, would be about 150,000HKD.

    Is there any recourse for me here?

    I am prepared to write off the above, but if there were anything like the hk small claims tribunal in SZ that would be an option.


  2. #2

    Join Date
    May 2017
    Location
    New Territories West
    Posts
    738
    Quote Originally Posted by henkka
    I have a warehouse rented in my name in Shenzhen, and yesterday(Monday) I asked my employee at the warehouse to notify the landlord that we will be terminating the contract due to the fact that I am winding down the business for which the warehouse was used.

    As the landlord does not speak any English, I have to do all interaction with him trough my employee who speaks some English.

    I was notified by my employee last night(Monday) that the landlord will not pay the deposit back, and today(Tuesday) around 4pm I am notified that the landlord has changed the locks and is intent on keeping the contents inside the warehouse.

    The rental agreement has a 1 month notice period.

    I have not visited the premises myself for a while, and I cannot easily visit it either as it would be a fairly long trip for me. I do think though my employee is telling the truth, so the above is what in fact has happened.

    The warehouse contents value, including the forfeited deposit, would be about 150,000HKD.

    Is there any recourse for me here?

    I am prepared to write off the above, but if there were anything like the hk small claims tribunal in SZ that would be an option.
    Why are you prepared to write off anything? If the warehouse is still legally yours, and you have the paperwork to prove it, break the locks.

  3. #3

    Join Date
    May 2006
    Posts
    4,019
    Quote Originally Posted by henkka
    As the landlord does not speak any English, I have to do all interaction with him trough my employee who speaks some English.
    If I were you, I'd make sure I'm not in breach of contract due to some clause being lost in translation. Because if you are and the landlord thinks he's getting screwed, then his actions may not be unjustified.

  4. #4

    Join Date
    Apr 2008
    Posts
    381
    Quote Originally Posted by SpeakCantonese
    Why are you prepared to write off anything? If the warehouse is still legally yours, and you have the paperwork to prove it, break the locks.
    Not sure about these situations as its in China, in HK I might do that.

    Note also that it is not easy for me to go there, so its not feasible for me to go there an break the locks.
    SpeakCantonese likes this.

  5. #5

    Join Date
    Apr 2008
    Posts
    381
    Quote Originally Posted by civil_servant
    If I were you, I'd make sure I'm not in breach of contract due to some clause being lost in translation. Because if you are and the landlord thinks he's getting screwed, then his actions may not be unjustified.
    I was late on rent 7 days when I notified landlord, but I doubt this justifies him to changing the locks on this short notice. Would he not need a court order to be able to take back possession ?

  6. #6

    Join Date
    May 2017
    Location
    New Territories West
    Posts
    738
    Quote Originally Posted by henkka
    Not sure about these situations as its in China, in HK I might do that.

    Note also that it is not easy for me to go there, so its not feasible for me to go there an break the locks.
    You're probably better asking here: https://www.facebook.com/groups/szexpats/about/

    Good luck!

  7. #7

    Join Date
    May 2006
    Posts
    4,019
    Quote Originally Posted by henkka
    I was late on rent 7 days when I notified landlord, but I doubt this justifies him to changing the locks on this short notice. Would he not need a court order to be able to take back possession ?
    Change topic - me screwing Chinese landlord

    Pay your rent man.

    And what do you mean it's not easy getting there? You screwed up, get on a plane, go there, buy a box of fancy (expensive) CNY apples, apologize, wrap up your business, and then get the content out of the warehouse.

  8. #8

    Join Date
    Apr 2008
    Posts
    381
    Quote Originally Posted by civil_servant
    Change topic - me screwing Chinese landlord

    Pay your rent man.

    And what do you mean it's not easy getting there? You screwed up, get on a plane, go there, buy a box of fancy (expensive) CNY apples, apologize, wrap up your business, and then get the content out of the warehouse.
    The reason why the rent was not paid was because I was under the impression the landlord is a scumbag and might not return my deposit, and I was proven right.

    Also, the contract stipulates I am in breach of contract once 7 days has passed from the due date. I was notified by landlord he will not pay back the deposit prior to midnight, i.e. 7 days had not passed yet.

    Either way, I cannot fly there and I have not interest in buying him gifts.

    I am also not particularly interested in if I am morally in the wrong or not, I am just asking if there is any legal or other options one can take in SZ in a situation like this ? In HK I would probably take this to the small claims tribunal.
    Last edited by henkka; 13-02-2018 at 11:00 PM.

  9. #9

    Join Date
    Jan 2010
    Posts
    1,549

    Take your Chinese employee and your contract and travel to the warehouse. If it's in a shady area you might wanna bring some more people. Break the lock and get your stuff out. The warehouse is legally yours absent of a court order allowing the landlord to take it back. Even in China the landlord can't just kick you out for not paying your rent. Shenzhen is not some Tier 3 shit hole, don't worry about the cops colluding with the landlord. Drop me a message if you need any help.


  10. #10
    rs4
    rs4 is offline

    Join Date
    Nov 2015
    Posts
    125

    Contact a lawyer for this matter - creating a thread here can only do so much


Reply
Page 1 of 2 1 2 LastLast