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2 months' rental deposit + extra beyond contract cutoff date

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  1. #1

    Join Date
    Aug 2010
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    2 months' rental deposit + extra beyond contract cutoff date

    Hi all,

    Your advice is needed on whether I should keep staying past my contract cut-off date to use up any outstanding money of mine that the landlord have as a deposit of sorts.

    First off, if I move by my current planned date, there will be an outstanding amount of roughly HKD$10,000, plus an additional 2 months' rental deposit that the landlord will owe me. The extra HKD 10k+ is due to a f*ck*ng bank system error that resulted in rental payment made to the landlord twice on my behalf... but that's a separate long story, so I won't go there. Landlord knows it's a mistake as well and I have a written record of this.

    Now I know that it's typical for the last 2 months of the contract payment to be done out of the deposit, which minimizes the chance of landlord screwing you over the deposit refund.

    But in my case, even if I were to do this, the contract would expire and I would still have the outstanding HKD 10k+ to recover.

    Should I continue to stay beyond my contract cutoff until the 10K+ is completely used up?
    I will assume the current monthly rental rate since I wouldn't have signed on to a new contract (presumably under a higher rate) by then.

    Thanks


  2. #2

    Join Date
    Aug 2010
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    23

    I should mention also that my landlord is not the nice type - in fact, she's a b*tch. Our Air Conditioner broke and it's been months and she hasn't fixed it. Worse, she made it my problem to chase down different repairmen on her behalf. In the end, we've had to dish out HKD$5,500 to buy our own portable AC.

    In addition, this b*tch seldom picks up my calls, seldom replies to my emails, seldom replies to my SMS, and seldom replies to any instant messaging. Basically, she can get a hold of me, but I can't get a hold of her.


  3. #3

    Join Date
    Apr 2011
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    2,446

    Why hasn't your landlady paid you back the extra 10k? How long ago did this happen? Was a genuine bank error or was it actually your error? If it was a genuine bank error, your bank should be involved in sorting this out.

    This 10k certainly complicates your situation. Is there something preventing you from resolving this before your contract ends?

    Personally, I always try to maintain a good relationship with my landlord (even if I don't feel particularly charitable towards them at times) as it's in my own best interests. I also find out as much as I can about them before I sign the lease so I have a view on what kind of person they are (if they seem like a nightmare, I wouldn't take the flat). It's worked well so far.


  4. #4

    Join Date
    Oct 2006
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    I know how this thread is going to go.

    OP comes here complaining how his/her LL is a total nightmare and the OP is a complete angel.

    People are going to post saying that actually the OP seems to be a nasty piece of work.

    OP will then get all flustered and start yelling at everyone saying they are all losers.

    OP's intention is that he/she wants everyone to think that OP is in the right.


  5. #5

    Join Date
    Aug 2013
    Location
    Hong Kong
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    Now I know that it's typical for the last 2 months of the contract payment to be done out of the deposit, which minimizes the chance of landlord screwing you over the deposit refund.
    Why do you think you should apply your rent from the deposit? And that it is typical?

    What is a deposit for and why do most landlords ask for it in the first place?

  6. #6

    Join Date
    Nov 2009
    Posts
    76

    To the OP. This is quite typical of LL. My land lord rarely replies to our emails yet expects us to reply to his within 2 days.

    Most landlords would expect you to keep on paying your rent. And then on the day the contract ends he checks for any damages and uses your two month deposit as collateral. If none, you get your full refund.

    The extra 10k can simply be used for one of your oncoming month's rent pay to retain your two month deposit amount.

    Sent from my GT-I9300 using GeoClicks Mobile


  7. #7

    Join Date
    Aug 2010
    Posts
    23

    Thanks for all the replies everyone, since it takes time and effort to read and then respond (however constructive the response may be).

    The HKD10k overpay happened recently about a week ago as I was making my regular monthly rent payment. While that does 'complicate' things, I'd be keen to hear what others would do beyond the contract cut-off date with this outstanding amount lingering.

    The landlord has not agreed to return this amount. The biggest challenge so far in my stay here has been getting a hold of her, and therefore getting her to confirm or respond to anything.

    Paying the last 2 months out of the deposit fund happens all across the board in Hong Kong. And more typical are stories where when people don't do this, the landlord finds all kinds of excuses to deduct or keep the full amount (just do a google on this, or search this forum and you'll know what I mean)


  8. #8

    Join Date
    Oct 2008
    Location
    Hong Kong
    Posts
    194

    it's usually written in the tenancy agreement that security deposit cannot be substituted as rental payment.

    if that's in your agreement and you want your ass sued or enter legal trouble, go ahead.


  9. #9

    Join Date
    Aug 2010
    Posts
    23

    Any view regarding the lack of repair of the air conditioner on the part of the landlord? Is it possible to get her to pay for the portable that I have had to pay by myself instead?


  10. #10

    Join Date
    Mar 2013
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    2,454

    Don't pay the next months rent so that the extra $10k is resolved.

    You could try and deduct the price of the air con from your final months rent but unless she's agreed to pay for it you don't have much of a case and she' ll probably withhold the equivalent from your deposit.

    Did you go through an agent? Can they help you?


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