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Landlord Trouble

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  1. #11

    Join Date
    Jul 2011
    Posts
    169
    I really hope he does not take it to court for $5000.
    The contract is silent, no clauses pertaining to lease termination. If the order is in my favour, can I counterclaim for such an unreasonable demand made by the landlord.

  2. #12

    Join Date
    Nov 2009
    Posts
    506

    He is trying his luck. Tell him that seeing as your deposit was returned in full, you have nothing else to discuss.


  3. #13

    Join Date
    Oct 2012
    Posts
    296

    there is nothing for you to fear.

    How has he mentioned to you about the damages, etc...? As in was it in writing or orally ?

    Ask him to put everything he is claiming from you on paper.
    Then reply to that stating that as he and the agent witnessed the handing over of the apartment and concluded all was in order, therefore the deposit was returned and there is nothing further to discuss. Make sure you CC to the agent and his bosses.

    Do mention at the bottom that as the contract was lawfully ended and no dues have been due to be collected by either party since the contract was ended xx months ago, that they stop all communication with you.


  4. #14

    Join Date
    Dec 2009
    Posts
    6,714
    Quote Originally Posted by mangohkd:
    I do not have access to the apartment anymore nor do I have any photographs
    Next lease take photographs BEFORE you move in and then BEFORE you hand the keys back.

  5. #15

    Join Date
    Oct 2007
    Posts
    1,259

    Don't worry about it. You are clear. But

    - I would write back, by recorded post (keep a copy of your letter), stating that the LL inspected the premises and returned the deposit, therefore you believe you have satisfied your contractual obligations AND leave it at that.
    This is good advice. Don't get involved in any protracted communications/phone calls. Like someone above said, the burden of proof is on the landlord. He doesn't have a leg to stand on. Even less so if it is structural damage.

  6. #16

    Join Date
    May 2005
    Location
    Hong Kong island
    Posts
    254

    Trying it on. Not very original. The market is quiet, so I guess he has no tenant and is out of pocket.
    Agree with the others.
    I think in the courts they are very aware of people who have after thoughts, i.e. where there is a delay in dreaming up the scheme.


  7. #17

    Join Date
    Feb 2007
    Location
    Shek Tong Tsui (HK Island)
    Posts
    263

    :-) It might help to give some context ....

    did you pay any commission to the agent?

    if you didn't pay any commission, then the agent should not be trusted... as they get commission from the landlord and would side with the PAYmaster

    if you DID pay comm... then tell the Agent to deal with it and call out the landlord; as they have received pay and they should refer to Estate Agents Authority
    https://www.eaa.org.hk/Compliance/Co...S/Default.aspx

    Reference to EAA should get that agent to think about behaving in "fair-play" and keep them honest.

    Last edited by LifeInHK; 03-12-2013 at 07:04 PM. Reason: typo

  8. #18

    Join Date
    Jul 2011
    Posts
    169

    yes. commission paid, but managed to negotiate well with him as the market conditions were not conducive at the time I entered into the lease. in anycase most agents tend to side with the landlord for obvious reasons. but you are right he needs to be pulled up - a complaint to the EAA is certainly due.


  9. #19

    Join Date
    Sep 2008
    Posts
    3,677

    I would consider the rental agreement as concluded and ignore the landlord, i.e. not reply to him. He returned the deposit and therefore you have no more obligation to deal with him or anything related to the property.

    If he should indeed take action you can then start to worry.

    Louiseamanda likes this.

  10. #20

    Join Date
    Sep 2008
    Posts
    3,677
    Quote Originally Posted by emx:
    Next lease take photographs BEFORE you move in and then BEFORE you hand the keys back.
    And how you do that if the LL claims cracks in a wall as damages (as it is the case here) - take a picture or every inch of wall in the place?
    What if the LL then says it's the same picture x times over or says it's an old picture and you just changed the date?

    You take picture of damages when moving in and attach them to the lease agreement, any other damages found later that are not structural or considered normal wear and tear would then be the tenants responsibility. To safeguard yourself as suggested above seems overkill and can be contested easily.