Tenancy Agreement Problem

[Gongzhu]

Tenancy agreement was signed on March 21 2007 for 12 months with an option of further 12 months. Stamp duty was paid on April 2 2007 by landlady.

Agreed payment upfront is 1 month's rent + 2 months' rent as deposit. Rent is $3,500 per month. So initially the tenant should pay $10,500.

Rent free period is March 21 2007 to March 31 2007.

On March 23 2007, tenant could only paid $6,000 and moved in on the same day. Tenant said his UK HSBC ATM card has a daily limit of HK$3,000 on withdrawals. He promised to take money out the day after and the day after to settle the agreed upfront payment. But he still has not fulfilled his verbal promise.

Questions for the legal professionals:
1. Since the tenant has not fulfilled his responsibility (pay the agreed sum), is this contract legally binding?

2. Does the landlady has the right to vacate the apartment? Or ask the tenant to leave?

Thank you for your help.

[clip_my_wings]

Tenancy agreement was signed on March 21 2007 for 12 months with an option of further 12 months. Stamp duty was paid on April 2 2007 by landlady.

Agreed payment upfront is 1 month's rent + 2 months' rent as deposit. Rent is $3,500 per month. So initially the tenant should pay $10,500.

Rent free period is March 21 2007 to March 31 2007.

On March 23 2007, tenant could only paid $6,000 and moved in on the same day. Tenant said his UK HSBC ATM card has a daily limit of HK$3,000 on withdrawals. He promised to take money out the day after and the day after to settle the agreed upfront payment. But he still has not fulfilled his verbal promise.

Questions for the legal professionals:
1. Since the tenant has not fulfilled his responsibility (pay the agreed sum), is this contract legally binding?

2. Does the landlady has the right to vacate the apartment? Or ask the tenant to leave?

Thank you for your help.

read the tenancy agreement .. however i recollect from my agrement if the full amount wasn't paid it invalidates the tenancy ..

however getting a person out is anothr issue

[sarpesius]

Tenancy agreement was signed on March 21 2007 for 12 months with an option of further 12 months. Stamp duty was paid on April 2 2007 by landlady.

Agreed payment upfront is 1 month's rent + 2 months' rent as deposit. Rent is $3,500 per month. So initially the tenant should pay $10,500.

Rent free period is March 21 2007 to March 31 2007.

On March 23 2007, tenant could only paid $6,000 and moved in on the same day. Tenant said his UK HSBC ATM card has a daily limit of HK$3,000 on withdrawals. He promised to take money out the day after and the day after to settle the agreed upfront payment. But he still has not fulfilled his verbal promise.

Questions for the legal professionals:
1. Since the tenant has not fulfilled his responsibility (pay the agreed sum), is this contract legally binding?

2. Does the landlady has the right to vacate the apartment? Or ask the tenant to leave?

Thank you for your help.

This may not be exactly what you want to hear but this may be a solution:

The tenant may be just protecting themselves from landlord theft. The tenant may be afraid that the deposit will not be returned when they vacate the apartment. This is a common problem in Hong Kong and many countries.

You might want to wait to see if they pay the monthly rent and keep the premises in good condition. This would mean that you would now have a deposit of 2500. You might have a good tenant anyway.

Sounds like you have a good economical apartment. Can you give the name or address of your property?