Like Tree10Likes

Landlord/Contract Issues

Reply
Page 2 of 3 FirstFirst 1 2 3 LastLast
  1. #11

    Join Date
    Oct 2010
    Posts
    18,945
    Quote Originally Posted by drumbrake
    On every 2 year rental contract I have had, the rent is fixed for the 2 years, but in the second year the tenant can move out with one month's notice (in most contracts), or either party can terminate the lease with a month's notice (in some contracts). Rent changes have not been part of the contract - so I first suggest you check that.
    The rent change can simply be a "take it or leave it" in the second year. Rent is going up to this much per month or move out in one months time. Pretty common I believe.

    Quote Originally Posted by bryant.english
    He's got nothing to lose except time and getting his landlord's back up!
    He will save himself several thousand dollars, and demonstrate to the landlord he can't be pushed around. If the landlord is able to get away with this he'll know the tenant is a soft touch.

    Quote Originally Posted by bryant.english
    Check the lease, I can tell you my office lease says I'm responsible for any repairs to the a/c for example.....If it does break down, I'll buy one of those big portable buggers and take it away when I leave.....
    I can tell you my apartment lease explicitly specifies the landlord is responsible for air conditioners and all provided electrical equipment.
    dear giant likes this.

  2. #12

    Join Date
    Sep 2008
    Posts
    3,683

    Considering that a (working) TV is part of the lease the tenant can insist of it being fixed or replaced.

    Do not buy your own and cut the rent, else the landlord may a) claim he wanted to replace it but the tenant just went to buy his own (even it isn't true) and b) later withhold the deposit (or parts of it) to compensate for the reduced rent, so you are just delaying the "fight".

    If the landlord doesn't budge you can take this matter to the small claims tribunal.

    Or get some free advise here first:
    Rating and Valuation Department
    The Duty Lawyer Service


  3. #13

    Join Date
    Sep 2008
    Posts
    3,683
    Quote Originally Posted by carang
    the biggest problem with something like this happening is usually that the landlord expects you to leave the tv. i would say, if you really want a tv, then buy one and take it with you.

    why are you being ripped off? it will be your tv. if he were saying that you had to buy another one and then leave it there, THAT would be a rip off.
    It's a rip-off because he is still paying for that broken TV. Keep in mind it's part of the rental agreement and furnished places or those with appliances do rent higher than those without.

    Considering the landlord increased the rent I think it's obvious what is going on here - the landlord is trying to milk the OP any way he can.

    it's simple enough to buy a cheap tv or a second hand one and then sell it on again after you are finished with it.
    Considering how cheap new TVs are I would expect very little to zero on resale.

    i really think you are making a mountain out of a molehill.
    I don't think so, he is just expecting the landlord to fulfill his part of the contract. Nothing wrong with that IMHO.

  4. #14

    Join Date
    Apr 2005
    Location
    Sai Kung
    Posts
    8,569
    Quote Originally Posted by Raccon
    It's a rip-off because he is still paying for that broken TV. Keep in mind it's part of the rental agreement and furnished places or those with appliances do rent higher than those without.

    Considering the landlord increased the rent I think it's obvious what is going on here - the landlord is trying to milk the OP any way he can.


    Considering how cheap new TVs are I would expect very little to zero on resale.


    I don't think so, he is just expecting the landlord to fulfill his part of the contract. Nothing wrong with that IMHO.
    fair enough.

  5. #15

    Join Date
    Mar 2008
    Posts
    861

    Go to DSC and take a photo of a cheap china LED TV ($4000) and ask the Landlord to buy it. If he refuses, then buy your own and move on. Its not worth the pain/time taking this to small claims or contacting a lawyer. If you buy a TV and deduct the payment from the rent, you will be in breach of the lease, as most agreements provide that the rent must be paid without any deduction whatsoever. Your claim against the Landlord is only compensatory in nature, whereas as if you hold back rent you will be in breach and can be kicked out.

    bryant.english and carang like this.

  6. #16

    Join Date
    Oct 2010
    Posts
    18,945
    Quote Originally Posted by big_panda
    Your claim against the Landlord is only compensatory in nature, whereas as if you hold back rent you will be in breach and can be kicked out.
    The landlord would be incurring a cost far greater than a new TV by going through the process to evict a tenant. Very unlikely any landlord would make a nonsensical decision that benefits neither themselves nor the tenant.

    It is pretty clear the landlord is trying it in on.

  7. #17

    Join Date
    Sep 2008
    Posts
    3,683

    waiguorenhk, did you sign a new lease agreement when the landlord increased the rent? If yes, what does it say about terminating the agreement?
    If you can get out with a month notice perhaps you should threaten to give notice unless the TV is replaced within say 7 days but be prepared to actually do so.

    Given the dispute I suggest you also stop communicating via whatsapp and get some Cantonese-speaking friends to help out and be a witness to any further discussion and verbal agreements.


  8. #18

    Join Date
    Jan 2013
    Posts
    4

    Thanks again for all the advice and points.

    Raccon--no, no new agreement. I have had only one agreement. As TheBrit mentioned, the lease has the standard one month notice situation (which is how they've raised the rent). I should add that it is very clear in the lease that I am not responsible for repairs as long as I don't damage the structure, etc.

    Also, it's not a dispute...yet. I haven't really said anything after the Whatsapp saying that I could buy my own TV or he could continue to ask some friends if they had any old TVs they didn't want. At the most optimistic, the landlord might not even know about these responsibilities so I'm thinking carefully about how I want to approach this.

    I don't want to threaten to move (yet), or take money out of the rent. I think I still have a good deal living here and so far the landlord has been easy to get along with and responded well. Perhaps the landlord knows this too, which is why he is trying to get out of replacing the 37" TV.

    If I was sure I was staying in HK long term, I would buy a TV and be done with it. But I'm not, so I am going back and forth between bryant.english's 'just get a used telly and forget it' and 'not being a soft touch'.

    I'm still thinking I will start off by replying (or getting a local friend to help) and saying something like 'I'm disappointed the TV couldn't be fixed and would really like it replaced' and see how he responds.

    I feel his tactic will be to delay and 'ask more friends'. I will then counter by asking for a few months delay on raising the rent. This will save me at least half the price of a new TV or the full price of a used one. If that works, I'll be happy.

    What do you think? Thanks again for your advice.

    Last edited by waiguorenhk; 27-01-2013 at 12:38 AM. Reason: 'used' not 'old'.

  9. #19

    Join Date
    Sep 2012
    Posts
    1,741

    politely ask him to keep askin his friends an say remind him u r leavin HK at the end of the lease so dont wanna buy one.... he will come up with a TV he's jus tryin it on


  10. #20

    Join Date
    Feb 2009
    Location
    Hong Kong
    Posts
    1,588

    I would try the assumptive approach.

    Tell him you'd appreciate it if he'd continue asking friends, but you don't want to be without a TV for more than another week. If he doesn't find one in a week then, as you appreciate he is a very busy man, you will help him out by finding one of comparable make and model, purchasing it and taking delivery, and send him the bill.

    If he says no to that he will be the one coming across as antagonistic. If he does say no I would then politely remind him that you are paying for a fully furnished apartment and the inventory specified two TVs - so there are two options, reduce the rent a bit or replace the TV.

    carang likes this.

Reply
Page 2 of 3 FirstFirst 1 2 3 LastLast