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Unreasonable landlord issued summons

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  1. #11

    1. Noted, thanks

    2. There was a lot of back and forth, throughout April, but I sent a whole list of complaints on 18-Apr, first inspection was on 19-Apr, there was some argument over not wanting to live there, and on 30-Apr, he said I have no grounds for complaint. 01-May I didnt pay rent.

    3. He has 3-months deposit, I 'owe' him 2-months rent.

    ---

    What is the upside? If I goto court, and 'win'? The downside is I pay the 2 months rent, costs, fees, etc., I assume.


  2. #12

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    >> Now, he has issued a summons to go to court over 2 months rent.

    Small claims court or district court? I assume its small claims ( < 50K? ).

    I'd also find the relevant departments for your complaints in this section of the govt website and complain to them about the various structural problems in your apartment. There is a good chance it might be an illegal structure ...

    GovHK: Home Maintenance, Hygiene & Safety


  3. #13

    Join Date
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    i know you are frustated but i dont think it is worth it to fight this in court and consume 6 months of your life. move out and move on.

    bryant.english likes this.

  4. #14

    Join Date
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    Quote Originally Posted by g.gk.wong:
    I rented a basement apartment from him, and at first, things were fine.
    is this subterrainean? are you in a village house?

  5. #15
    "is this subterrainean? are you in a village house?"

    Basement might be misleading.. it's ground floor more accurately, but on a hill, so the back exit is lower than the road.

    Small claims court or district court? I assume its small claims ( < 50K? ) - under $50K

  6. #16

    My main question is - if I believe I am right and he is wrong, and I go to court, would I be compensated if I win? Or just not have to pay him what he is charging me with? If so, I may as well settle, as there is no upside.
    .
    Thanks


  7. #17

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    did you move out? did you move into a hotel room? if not, i guess the apartment is somewhat liveable as you are still living there. if it is liveable, you pay rent. you may have been inconvienced but i dont think to the point of free living.


  8. #18

    Join Date
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    To be honest, in legal battles there is generally no upside for both parties! I have been going through one now and it's not pretty.

    Either a) get a handyman to come and go through the issues and make a detailed report with photos to fight in court.
    b) call the landlord and get him to come and visit with your own handyman (or his) and go through it so he can see for himself. If he fixes the issues you will pay the back rent of 2 months etc. Just get an agreement together what the best course of action.

    Sounds like the LL has done is obligation but could have visited when you complained the second time with the handyman.

    Creative83 likes this.

  9. #19

    Join Date
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    No, you don't get compensated unless you file a counter claim (and win). To file a counter claim, you need to show loss. Have you suffered any loss?


  10. #20

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    I'd say, speaking from experience that , a diary of all complaints, issues plus photos of damage to provide if you do choose to go to court - why on earth did you not check out the place first before moving in, and I mean, really check it out, but anyway, what's done is done, this LL is breaching laws of structural damage that you did not do. You have paid three months rent in the form of a deposit - sounds like the LL wanted to keep your deposit and get more rent out of you all along. Very greedy.

    we had a problem at Christmas time last year re a leaking tap and shower - the landlord fixed it finally when he came back to HK, but it still leaks ( cheap stuff from Jap Home stores) , but the agent who was managing our property took ages to reply, then we were of overseas, big water bill et al, so we got in our own handyman who CORRECTLY identified and fixed the problem. At least our LL paid us back half od the cost. Your LL sounds extremely dodgy.

    I'd just get out. You'd be better of living under a bridge.