Notice to Vacate

[Globestar]

Hi long time lurker here!

I've been living in a nice flat for a few years and I'm in the rolling period with one month notice on both sides. Landlord has just sent me a notice in Chinese which I can't read but from googling seems to be a notice to vacate.

The dates seem to suggest 1 month notice which is in the contract, but I can't read the details (there is definitely something about the deposit in there too) and landlord is unwilling to provide a translation.

Our contract has the usual terms about English taking precedence over Chinese in case of differences, but the landlord won't provide an English version of the notice - do I have a leg to stand on in demanding a translation or is this going to be my responsibility to get translated?

Thanks in advance

[Globestar]

Embarrassingly I misread the contract - it actually only has a 1-way break clause (I can break but landlord cannot until 2 year term is up in another ~6 months).

I assume I'm on pretty safe footing to tell them to stuff themselves? Still wish they would provide an English translation of their demand though.

Although I'll certainly be looking for new places in the meantime.

[Peaky]

Are you sure on the terms now? Usually it would be 2 months notice on your side after 12 months have elapsed in the 2 year term. Unusual for it to be asymmetrical in your favour, but if that's what they have contracted then you're safe to challenge and negotiate for generous compensation if they really desperately want you out to sell or reoccupy etc.

[traineeinvestor]

I'd get a friend to read it for you just to be sure.

If the break clause is one way, then the notice is meaningless. I'd politely let them know that you do not accept the notice as it is not in accordance with the lease. Alternatively, you can do nothing while you look for another flat - if you can find something which you can move into within their purported notice period, that may save you from having to give notice yourself when the time comes.

If the lease is in both English and Chinese, it might pay to make sure the Chinese does not say something different to the English. If it does, you can point to the English version and the clause which says the English version shall prevail in the event of any discrepancy.

If you are planning on moving out as/when you find something more suitable, you can offer to move (with reduced notice on your part) once you find a new flat which is acceptable to you.

For entertainment: I've come across bilingual contracts where the English version says the English version shall prevail in the event of inconsistency and the Chinese version says the Chinese version shall prevail.

[Globestar]

I just got this message from the landlord - not sure if she is playing 3 dimensional chess with me here but it seems pretty open-and-shut?


@traineeinvestor thanks for the suggestion - I strongly considered not letting her know until/in case I found a new place but in the end decided it was worth clearing things up for my own peace of mind

[jgl]

I just got this message from the landlord - not sure if she is playing 3 dimensional chess with me here but it seems pretty open-and-shut?


@traineeinvestor thanks for the suggestion - I strongly considered not letting her know until/in case I found a new place but in the end decided it was worth clearing things up for my own peace of mind

You seem to be in the clear, unless there's another clause of the contract saying something similar for the landlord.

(The standard template commonly used across HK lumps both the tenant and the landlord together in the same clause but it's very clear in the language that both parties have the opt)

5. Notwithstanding any contrary provision in this Agreement, the parties agree that
either the Landlord or the Tenant shall be entitled to early terminate this Tenancy
Agreement during the Term, by giving not less than __________ [specify month]
month’s prior written notice of such intention of early termination to the other party or
by paying ____________ [specify month] month’s Rent in lieu of such notice to the
other party provided this Agreement cannot be terminated before
_______________________ [specify day/month/year] pursuant to this Clause.

I look forward to your update as to whether the landlord has shot himself in the foot because he didn't understand the language of the contract.

[RobRoy]

Would love if you replied along the lines of:

Upon receiving three (3) month rent compensation I will agree to early terminate the rental agreement with one (1) months notice. If you don't understand you can find a professional to answer your questions.

[bdw]

Just had a look at one of my old contracts for comparison and as jgl mentions there is normally both landlord and tenant in there (this one is 2 years fixed contract but still has the break clause but just mentions 23 months).

[aquaman]

we got 6 months compensation when we were asked to leave.
also odd for a contract that favours one side.

[RobRoy]

Original Post Deleted

Me too if it wasn't that there was only 6 months left on the contract, then it might be a bit of a stretch. Still could happen though if they really need you out for a sale. If thats the case, why stop at 6