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Landlord/Contract Issues

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  1. #11

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    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.

  2. #12

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    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.

  3. #13

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    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.

  4. #14

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    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.


  5. #15

    Thanks again for all the advice and points.

    Raccon--no, no new agreement. I have had only one agreement. As DeletedUser 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'.

  6. #16

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    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


  7. #17

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    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.

  8. #18

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    Raccon--no, no new agreement. I have had only one agreement. As DeletedUser 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.
    Ehm yes... of course it is common in this market for the landlord to use the expiration of the first year (or whatever period) lock-in period to threaten to use his right to give notice and use this tactic to drive through a rent increase. There is no rent increase protection in this city, so why wouldn't he. It is always worth a try right

    But you still sign a new lease when you have agreed on the new rent if you let him increase it! You lock in a new 12-month (or whatever) period of the new rent, and then the game will start again.

    Unless I have misunderstood the story, you are saying that you agreed to a rent increase but are still operating under the old lease? So you are just paying a little extra every month without that being recorded in a lease, let alone registered in the land registry's lease register?

    So if the landlord gets it into his head to raise the rent again next month, you'll happily go along?

    It is no surprise the landlord is pulling this TV trick on you now then. You have basically hung a sign around your neck saying 'milk me.'

    I would fix the lease problem first, then talk about the TV. The TV problem is really simple to solve.

    1. Have it scrapped from the inventory list. Buy a new TV. Keep it. Cherish it. Love it.

    Or

    2. Make a fuss insisting that the landlord buys a new second TV. Landlord gets annoyed with such a troubling tenant in this hot rental market. Landlord gives you notice. You have to find a new place. The new place does not have a TV. You buy a new TV. Keep it. Cherish it. Love it.
    Last edited by vantastic; 30-01-2013 at 08:29 AM.

  9. #19

    How was TV broke ? Was that old or by someone mistake, if you caused it, you need to take responsibility.

    Last edited by Joseph098765; 30-01-2013 at 08:56 AM.

  10. #20

    Yeah, as the Brit mentioned, the TV was old and had a bit of a flicker to start. The Landlord knows this and hasn't said anything to the contrary.

    Well, a bit of an update: things played out pretty much as I expected but with a bit of a twist at the end.

    I responded to the landlord saying that it was too bad that the TV couldn't be fixed and I was hoping to get some kind of replacement.

    The landlord responded saying he would keep on asking friends to see if they have an old TV.

    I replied that another way we could deal with it is to do two more months at the old rent instead of replacing the TV. That would split the cost and time for both of us. (This would amount to a $1400 savings on my end.)

    He refused saying the market price of the flat is still $1600 less per month than this month’s market value. (Values have risen since we negotiated.) He said he only raised the rent $700 because I’m a friend of a friend and that my suggestion was not possible. He did say he will keep looking for a TV from his friends, though.

    So, I’m kind of in the situation Vantastic mentioned above. And I’m feeling a bit foolish that it took the TV to make me wake up to the larger lease issue. (Go easy, first time renter here.)

    I am now worried that if I bring up registering the lease, it will look like tit-for-tat and as mentioned above, I could be out on my ear in a very hot rent market. The alternative is I could wait and then find out the next part of the lease he will choose to disregard.

    What's the emoticon for facepalm again?