Is there a law in Hong Kong that allows contract cancellation with 72 hours?

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  1. #1

    Is there a law in Hong Kong that allows contract cancellation with 72 hours?

    I signed a rental contract last night for a flat starting the end of September. Today my current landlord informed me that my contract with him is 13 months and I am liable to pay rent till the end of October. I thought it was 12 months and I had to move out by the end of September when he jacked up my rent last week (another story). I read the contact again and it is indeed for 13 months.

    Any good solution for this mistake I made besides paying rent for both places in October? I think in the U.S. there is a law that allows you to cancel most contracts within 72 hours. Is there a similar law in Hong Kong?

    Appreciate all the help!

    Last edited by heather11; 24-08-2012 at 11:08 PM. Reason: typo

  2. #2

    Join Date
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    How can your current landlord increase the rent if the contract is still in effect? Doesn't sound right.

    AFAIK there is no right to rescission for property leases in Hong Kong (nor in the USA), unless you have such a clause written in the contract. So once you have signed it's valid and you are bound by it.

    Did you actually sign a new contract or just the provisional agreement? In case of the latter you can still get out but you may have to forfeit any deposit you made and pay compensation to the agent as stated in the provisional agreement (typically the full commission for the agent).
    In which case you may be better off biting the bullet and paying for two apartments for one month instead of withdrawing from the agreement, in particular if you like the new place.

    Last edited by Raccon; 25-08-2012 at 12:05 AM.

  3. #3

    Landlord wanted to increase rent after the one year fixed period which led me to believe that I needed to move out at the end of 12 months if i didn't agree to the rent increase. But the contract actually says that there is one month notice period after the 12 months which means that I am liable for 13 months of rent.

    I have already paid one month rent as deposit for the new place. Sounds like I'll be paying rent for two places for one month. Quite an expensive oversight.

    Last edited by heather11; 25-08-2012 at 12:43 AM.

  4. #4

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    yep.... but you won't do it again, right?


  5. #5

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    Interesting situation and I am wondering if the landlord wants to increase the rent and you don't accept are you the one that needs to give notice or is he terminating the lease based on your rejection?

    If the latter write him a letter that you do not accept the rental increment and that you will therefore vacate the apartment within one month (i.e. end of September) and request your deposit to be returned.


  6. #6

    Thanks for the suggestion. Can I win this argument legally? His rental increase notice was verbal and he demanded a decision in a couple of days. After I signed for another place, he came over one night and said by the way according to the contract you are liable for rent till the end of October.


  7. #7

    My agent (his agent as well) actually asked him why he gave me the rent increase notice in August if I had to stay till the end of October. His reply was that it was not a notice, he was just trying to let me know ahead of time. But clearly that was not how he positioned the conversation with me.