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Tenant Move Out Early Receive Rent Refund?

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  1. #1

    Join Date
    Nov 2011
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    10

    Tenant Move Out Early Receive Rent Refund?

    Hello,

    My apologies if I have put this thread in the wrong area. This topic has probably been discussed previously, but I haven't been able to find anything on this site or by doing an internet search.

    Our 3 year lease is up 22 January 2018 and, per the contract, we will give our notice on 22 November 2017.

    We plan on moving in December and have some questions we hope someone can assist us with and/or point us in the right direction.

    *If we advise the landlord we are moving out early and she is able to re-rent the flat (immediately/soon after) are we legally entitled to a refund of the month+ rent we are leaving on the table? Or, is it at the landlord's discretion?

    *She would not advise the landlord that we're moving early, move out leaving the flat empty and then schedule the inspection close to the end of the lease to hand over the keys?

    *Is at the discretion of the landlord, once we have vacated the property, to return our two month deposit within 14 days if we vacate early (December)? Or, should we plan on not seeing the deposit until the official end of the lease in January?

    We have had a huge number of problems with the flat, the landlord and the agent beginning prior to moving in.

    Thank you in advance for your help.


  2. #2

    Join Date
    Dec 2009
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    1,501

    What does it say on your contract/lease. Is it 3 years fixed? The reason I'd ask is because most contracts are 1 year fixed, 1 year flex, meaning you have to rent for 12-13 months.

    JAherbert likes this.

  3. #3

    Join Date
    Feb 2011
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    Hong Kong
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    Depends on your contract. There are no guarantees. Did you fulfill the fixed period of time ? That's the main concern.


  4. #4

    Join Date
    Apr 2003
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    Hong Kong
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    Quote Originally Posted by crpr65:
    *If we advise the landlord we are moving out early and she is able to re-rent the flat (immediately/soon after) are we legally entitled to a refund of the month+ rent we are leaving on the table? Or, is it at the landlord's discretion?
    *She would not advise the landlord that we're moving early, move out leaving the flat empty and then schedule the inspection close to the end of the lease to hand over the keys?
    rent has to be paid up leaving date, so does not matter, will be no refund.



    *Is at the discretion of the landlord, once we have vacated the property, to return our two month deposit within 14 days if we vacate early (December)? Or, should we plan on not seeing the deposit until the official end of the lease in January?
    security deposit should be returned after vacating the property and returning keys.

  5. #5

    Join Date
    Apr 2003
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    you should check your contract carefully because 3 years fixed in unusual, and might be interpreted as 38 months, that is the full contract term plus period for notice, it depends on the contract wording.


  6. #6

    Join Date
    Aug 2015
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    Happy Valley
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    652

    Adding to the answers above and answering your original question: no.

    your mistake if you move out early. Your landlord doesn’t have to give you anything and probably won’t if you don’t have a good relationship.

    we moved out three weeks earlier and had to pay only half a month. That’s a week rent back. But we had a good relationship and left the flat in pristine condition and were very accommodating to prospective tenants that wanted to see the place.

    james_hklocal likes this.

  7. #7

    Join Date
    Nov 2011
    Posts
    10

    Everyone, thank you for taking the time to respond and help to clarify a few things. We have it figured out now.