Rental Deposit & The Last 2 Months Rent

[MandM!]

Hey, can I get some advice please.

My flat contract is up in just over 3 months, and I asked co-workers and friends and they said I should just tell my landlord to use the deposit for the last two months rent. I kind of feel bad doing this but on the other hand, I don't want to risk losing my two months deposit. Can you get kicked out if you don't pay the last two months rent or have any issues? Or does it take much longer than two months and they won't bother?

I think my landlord is good. He offered me a discounted price on the flat when I first moved in and he even purchased a new washing machine after the contract was signed, and the contract didn't require a washing machine. Also, when I needed to buy some new things for the flat, he helped to pay and promptly paid.

Also, I wouldn't mind staying on month-to-month as the rental prices have dropped and I think I could negotiate a cheaper price. If I don't get a cheaper price, then I will move into a bigger flat elsewhere. But I guess I need to negotiate this next month, even though it's still 3 months prior to expiry of the contract, but if I stay, I don't think I can use my deposit to pay month 11 and 12 and then stay month-to-month, or can I?

Your thoughts?

Thanks in advance.

[Alan Partridge]

Your going to get a mixture of replies to this.

Half are going to tell you you entered into a legal agreement with the landlord and that you should stand by that arrangement - so pay the rent as agreed.

The other half will tell you that you need to protect your interests and not pay the last two months rent. They will also give you loads of examples of how they have been ripped off by previous landlords. As you've been told its now become very common to not pay the last 2 months. Technically it's illegal, but I'll eat my hat if anything happens to you for doing it.

Morally you should probably pay your rent as normal, after all that's the agreement you made with the landlord when you moved in - you'll be reneging otherwise. The reality is that a lot of people do the latter due to very bad experiences.

I've always done the first with no issues whatsoever, at the same time I can completely understand why people don't always trust the landlord - way too many rip-off stories in HK.

Sounds like your landlord is reasonable and you won't have an issue, but who knows. Only you can make the decision!

[aliendavid1]

Agreed totally!

You should be reasonable with your landlord, let them know that hey i've been a good tenant. You've been a good landlord, the market is not that great right now and i do enjoy living here(although you never say this). How about we renew our lease at some more favourable terms? Also do some research and tell them what your neighbors are paying through the land registry and let him know that this is the current market price.

It's all about negotiation, you gotta see where he/she is coming from and how you can help them out as well as yourself.

You can risk going month to month, but you never know when it will end and they pull the rug from underneath you.

The last resort is going 2 months without paying and burning bridges.

[bryant.english]

Your landlord has been good to you yet you're considering shafting him.....a&*hole.

[vinyljunky]

If your landlords been good to you, why would you want to do that to him? Pay the rent as per your contract, and stay on at a lower rent if you can negotiate that.

Good landlords are hard to find in HK, the last thing you want to do is piss him off.

[SiuMaiTaiTai]

If your landlord is nice, please don't run out on him, next time he won't be that nice to the next tenant and then that person will come on here to moan about their LL ! We haven't had problems getting our deposits back in the past.

[shenwen]

Here is my two cents based on experience.

first, ask yourself -is there any reason the landlord would try and screw you? any wera and tear damage that he could amplify into something bigger?

if no, then carry on as normal.

if yes, then protect your neck. our last landlord was sweet as pie but when we tried to leave she kicked up an enormous fuss over percieved damage - some of which was genuine wear and tear and one which was a pre-existing problem. It took us two months of wrangling and leagl threats to get our deposit back, with a fair chunk missing in the end (we compromised over what she was claiming versus what we thought was fair).

this time, if we leave we are taking no chances. lanlord still gets paid - just has to take it out of the deposit. I don't see what difference it makes. Just tell him you have lost your job and have no cash flow.

saying that, you sound like you want to stay on, which makes this whole thread kind of pointless.

[Loz_2]

There are some cases of landlords from hell who will shamelessly extort tenants for money. However based on what you have said it looks like the relationship is good, he is responsive and decent. That is one god reason not to jump the gun and to avoid paying rent. The other reason is you are legally obliged to do so. If there is a dispute about the place and he keeps some or all of the bond you have options to pursue.
One thing I have learnt over the years is to listen to friends but be careful of blindly trusting their judgement. They may mean well but ultimately their advice is shit. You know the situation so trust your own instincts here.

P.S. my landlord was a bit of a psycho nut job and I was hesitant about things like you are but she was still entitled to what was owed her.


Sent from my Galaxy Nexus using GeoClicks Mobile

[pin]

Speaking as both a landlord and tenant I can see the dilemma.

As a landlord I would prefer to have you paying as normal. The deposit is there for security. What happens if you damage something in the flat quite badly in your last month as a tenant, but haven't been paying your last months rent and relying on the security deposit?

I think of myself as a fair and reasonable landlord, and if a tenant suggested that for the last two months they use the security deposit, I would have to politely decline.

As a tenant, I can understand your issue. You want to make sure you actually do get paid your two month deposit at the end of the term and are worried the landlord will stiff you. From what you say though, the landlord seems like a decent person. Why would you want to stiff the landlord in these circumstances?

[Mat]

I've rented 4 flats in HK before buying.

In all cases I got my deposit back on the day I left the flat. The agent came with the cheque (i called ahead to make sure he/she had it) and I came with the keys and we exchanged.

We have had both good and tough landlords and each time it went well. Best of luck and unless you really are certain the LL will try to screw you I would advise you to abide by your contract.

As a LL, I have always given back the deposit the same way (even when not too happy with the way the flat was left).