When to contact landlord about extension of stay?

Closed Thread
  1. #1

    Join Date
    Jun 2009
    Posts
    107

    When to contact landlord about extension of stay?

    I moved in my current apt at the end of last July and signed a two-year lease contract with my landlord. The contract terms include the first year closed and the second year open (each party can inform each other of stopping the lease one month in advance).

    So now I am going to finish the first year of stay in forty days (July 31). What is the usual practice for carrying out this sort of second year contract?

    Would the landlord contact the tenant for the second year first, say the rent and other things? Or should the tenant do it first?

    I am worrying that my landlord my increase the rent because the rent stated in the contract is sort of low. But I really hope that the landlord wouldn't increase the rent.

    So probably my question is about the best strategy to prevent the landlord from increasing the rent.

    I know it is hard to prevent it because it really depends on how the landlord would think about it. i thought if I contact him first, there is likelihood that he would think i like the place so he can increase the rent.


  2. #2

    Join Date
    Mar 2010
    Location
    Central
    Posts
    725

    Second Year the only way is to sign another lease and renew it for 1 year, or don't mention anything at all and hope the landlord keeps everything the same as it has been going.

    There is no usual practice, if the market is high the landlord might try their luck. If the markets are low the tenants will try to renegotiate for a lower rent or find somewhere else.


  3. #3

    Join Date
    Oct 2006
    Location
    Sarcasm - because beating the crap out of people is illegal
    Posts
    14,622

    If you don't intend to end the lease after the first year, then leave things as they are. If the landlord wants to change/end things he/she will definitely be in touch.


  4. #4

    Join Date
    Jun 2009
    Posts
    107

    Thanks.

    So do we need to sign a new contract even if everything remains the same and I want to stay for one more year?


  5. #5

    Join Date
    Feb 2006
    Posts
    1,650
    Quote Originally Posted by harp2800:
    Thanks.

    So do we need to sign a new contract even if everything remains the same and I want to stay for one more year?

    You signed a 2 year contract. The only thing that changes is you are allowed to give one month notice and leave in the second year as per the contract. All other terms should stay the same, unless the landlord tries to mess with you and jack up the rent, many won't though as the price has generally been agreed for two years as well.

    Not sure why you are so confused. Doesn't your contract have an expiration date of July 2011?

  6. #6

    Join Date
    Nov 2008
    Posts
    349

    That's right, I think the anxiety you're having is one year too early - a change in rent or any other conditions of your rental would come up when the lease runs out in July 2011. Though even then the lease could just run month to month, though usually the landlord and/or the tenant would want to sign a new lease promptly. That said, over the years we've had our lease go month to month for many months after the two-year ones ran out and until we got around to signing a new one.


  7. #7

    Join Date
    Jun 2009
    Posts
    107

    Thanks so much.

    Yes. The Term of lease begins at Aug 2009 and ends July 2011. The rent is clearly stated as well.

    But there is a break-cause clause at the end of the contract which means that the landlord can give me a notice one month in advance to end the contract (if he wants to raise the rent but I disagree)


  8. #8

    Join Date
    Nov 2008
    Posts
    349

    You're right, if the landlord wants to end the lease then he/she could with one month's notice. It could happen, but I wouldn't expect it, as that gives you an out too in which case the landlord faces the prospect of potentially losing rent while finding new tenants, having to repaint, etc. But then who said landlords in Hong Kong are logical, sure they could want out. I just wouldn't expect it to and I certainly wouldn't be contacting the landlord to put the idea in their head.

    Note that if this one-month notice part makes you uncomfortable, which is understandable, next time around when you sign a lease you can request a longer period. Ours is now two or three months, so gives a little more peace of mind that if contract ended we have more time to look. This time around, unless you have reason to think your landlord is going to end your lease, I'd relax and not worry about this until next year.


  9. #9

    Join Date
    Jun 2009
    Posts
    107

    Hi jabalong,

    Thanks for the advice. I really appreciate it. I will keep quiet until the landlord stands out to raise eyebrows.