Landlord defaulted on payment - apartment seized

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  1. #1

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    Unhappy Landlord defaulted on payment - apartment seized

    Seems my landlord didn't pay the bank since Oct 2006 and I just got a letter to vacate the premise.. Is there a way to delay the court order? And how do I get back my deposit?

    Someone went to post a legal document outside the door of my apartment.


  2. #2

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    Quote Originally Posted by longbeard:
    Someone went to post a legal document outside the door of my apartment.
    is this the way to deliver court orders in HK

  3. #3

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    Quote Originally Posted by funnie:
    is this the way to deliver court orders in HK

    Not sure, they said they need to post the document in the door..

  4. #4

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    Have had this happen to me and there is very little you can do, unless your landlord had approval from the bank to let the premises out (rarely every happens in HK with personally owned apartments).

    Try and find a friendly lawyer... but the chances are you'll hear the same from them.

    Consider approaching the CAB ( http://www.cab.org.hk/aboutus.html ) who can perhaps refer you to the Duty Lawyer scheme ( http://www.dutylawyer.org.hk/en/free/free.asp )

    What bank did the landlord owe money to?


  5. #5

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    Quote Originally Posted by KnowItAll:
    Have had this happen to me and there is very little you can do, unless your landlord had approval from the bank to let the premises out (rarely every happens in HK with personally owned apartments).

    Try and find a friendly lawyer... but the chances are you'll hear the same from them.

    Consider approaching the CAB ( http://www.cab.org.hk/aboutus.html ) who can perhaps refer you to the Duty Lawyer scheme ( http://www.dutylawyer.org.hk/en/free/free.asp )

    What bank did the landlord owe money to?
    Thanks.. Its Nanjing Bank.. BTW is the Property Agent liable since when I signed the contract, the landsearch already showed that the landlord is two payments behind with the bank.

  6. #6

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    I wouldn't mess around too much. Make sure you do vacate in time with all your belongings as they will lock up the place. I am assuming that the notice given to you is less than the deposit left. The CAB may suggest that you take the landlord to small claims court.


  7. #7

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    Quote Originally Posted by longbeard:
    Thanks.. Its Nanjing Bank.. BTW is the Property Agent liable since when I signed the contract, the landsearch already showed that the landlord is two payments behind with the bank.
    Er surely the property agent would be liable if they hadn't done the landsearch? Since they did, told you that the landlord was two payments behind, and yet you still took the place, then I don't see what they could be liable for - they did their job, you took a fully-informed risk, and lost.

  8. #8

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    100% agreed with DB. You need to get your property out of the apartment. If it is seized with the rest of the landlord's property -- you'll have another problem getting it back, as the bank will consider it the landlord's property.


  9. #9

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    Quote Originally Posted by PDLM:
    Er surely the property agent would be liable if they hadn't done the landsearch? Since they did, told you that the landlord was two payments behind, and yet you still took the place, then I don't see what they could be liable for - they did their job, you took a fully-informed risk, and lost.
    They didn't inform me about the two payments behind..

  10. #10

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    OIC - sorry - I misunderstood your previous post.

    In that case then yes go after the agent, in the small claims court if necessary. You should at least get the money back that you paid to them.


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