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Early termination of apartment rental - Need advice (URGENT)

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  1. #1

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    Early termination of apartment rental - Need advice (URGENT)

    Hi there.

    Friend of mine has lost her job and will have to leave Hong Kong ASAP. She has the usual 14 months minimum rental clause for her apartment, but she's only been in there for 6 months and must leave immediately.

    She will of course let her landlord know soon, this landlord is said to be a nice person, but since "you never know" : worst case scenario, if landlord is p.....ed off and requires full payment of the remaining 8 months, she's determined to leave Hong Kong just like that and in doing so ready to forfeit the 2-month guarantee and disappear.

    She does NOT intend to come back to HK afterwards and doesn't have any address in her home country yet, so there's no way the landlord can chase her on the short run.

    1) What would be the odds that the landlord takes legal path to sue her on an international level, outside of Hong Kong ? ;

    2) Could people from building's management (i.e. : security guard at the entrance) prevent movers' company to go fetch her boxes (i.e. : don't allow them to enter the building) in any way, if landlord asks to do so ? She will NOT be in a non-paid situation for she has just recently paid for an additional month and will just forfeit the 2-months guarantee.

    Thanks in advance for your help !

    Z

    Last edited by zimago; 28-09-2013 at 12:24 PM.

  2. #2

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    Nothing would happen.


  3. #3

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    Thanks usehername, could you be a little more specific please ?


  4. #4

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    Just forfeit the deposit and go. No way is the landlord going to initiate cross country legal action when he can just rent it out instead.

    INXS likes this.

  5. #5

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    I think no management company would stop you moving out. Especially since you aren't required to inform them of your intentions.

    If you are intended to renegade, I would move my stuff out before telling the Landlord as obviously they have more options if all your I mean her stuff is still in the apartment.

    Of course some people will disapprove of this, but since the Landlord should treat rental as a business this is one of the eventualities they no doubt have planned for in the pricing of the rental. I don't think people here rent out of the kindness of their hearts, rather to use tenants to make them richer where possible


  6. #6
    fth
    fth is offline

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    on 1) retrieval of rent through international courts is tricky and expensive relative to rent
    2) would be difficult to organise.

    if the Landlord is reasonable I would negotiate and offer to pay agents fees for a new tenant, allow new prospective new tenants to view the flat.


  7. #7

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    The cost of legal action would exceed the rent 'lost'. The landlord won't do anything. Tell your friend to leave the keys in the mailbox and go.


  8. #8

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    Just to say, i have seen the management guys try to stop someone moving out in a commercial building...they will call the landlord if they see it happening...


  9. #9

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    Bullshit - they have no legal rights whatsoever to stop you leaving. If they did try, simply call the police and go on your way.


  10. #10

    Join Date
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    Thanks for your insights.

    @audiot : what can the landlord do in regards to my friend's stuff being still in the apartment ? I mean in this scenario, she only lets the landlord know "orally", and on the day she leaves, the apartment will still be covered by her latest (and last) monthly payment so ... How would the landlord break-in and seize her furniture as compensation ?

    @fth : she's ready to pay for agents fees and help find another tenant, but if and only if the landlord "releases" her, in written form, from the contract, and commits to give back the 2 month guarantee. I don't really see that happen though ... Landlord will probably prefer to keep the 2 months guarantee and find another tenant on his own I think ...

    I don't see how the landlord could do anything before her departure really ... And like TheBrit and others, I think it wouldn't be reasonsable to take legal action overseas, landlord will be better off using those 2-months guarantee to find a new tenant.


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