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Landlord refusing to return deposit, despite written agreement

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  1. #91

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    Quote Originally Posted by big_panda:
    After 7 days, he can issue a writ for payment of the rent, and he would most likely get summary judgement (you have no defence for not paying your rent). If you fail to pay the judgement amount he can then apply for a bailiff to remove you from the flat, or go through the process of claiming the money from you, failing which if you dont pay, you could be bankrupted. I'd take that course of action if my tenant withheld the rent.
    In the real world, this doesn't happen though. It is a waste of time and money for both parties.

  2. #92

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    Original Post Deleted
    It takes 5 months
    jrkob and arathi like this.

  3. #93

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    My relatives rent out several properties and they encountered some bad tenants (in Cantonese called 租霸). The bad tenants stopped paying the rent for several months. My relatives would go to court and get the property back after 5 months. Just before the court ruling the bad tenant would dissappear and there is no way you could make him pay. I didn't ask my relatives for the details since I was just in listening mode but I guess it's just like the Small Claims Tribunal: winning the case and executing the ruling are 2 different things. Since then my relatives use another strategy: they would sign the rental agreement at the lawyer's office. Cost 2k and they demand the tenant to pay half of it. Since then no more bad tenants. Again I didn't ask for the details but maybe someone on here could explain this strategy.

    Last edited by Drunken Master; 05-12-2015 at 12:35 PM.

  4. #94

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    Quote Originally Posted by Amypitpit:
    OMG! Nothing surprises me...

    If you don't have her address and she doesn't turn up when you make arrangement then you simply can't contact her.

    Look what it says about contacting her on the contract.
    We actually have her phone number and email address; but we don't speak the same language so we always relay on her real estate agent for communication.
    Nevertheless I always use her email address and WhatsUp to send her all the updates (apparently her daughter can translate for her) and always add cc for real estate agents. She usually confirm by sending back an "ok".
    When important letters - like end of the lease, is the real estate agent again who receive them "on paper" as well, and sign for receiving them on the name of the landlord.
    Last edited by arathi; 05-12-2015 at 12:47 PM.

  5. #95

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    Quote Originally Posted by TheBrit:
    It's just he said, she said with the stove? Nobody ended up out of pocket? Landlord could easily claim misunderstanding and no harm done? Don't think there is much of a crime here. I'm no lawyer but presumably someone has to suffer some loss for a charge of fraud to stick?
    I'm afraid this is gonna be long and boring (and maybe just a tiny bit useful) but as matter of fact I do suspect an all scheme behind it.

    *first is my "reminder letter" to the landlady about the end of the lease - also stating that we are open to negotiate an early end of the lease - at her convenience, and inviting her for a pre-final flat inspection
    *second - is the landlady saying "ok" and the real estate agents asking me to be home 'cause the land lady is visiting
    *they also mention that - the landlady has made an appointment with the towngas representative for a second check - "she wants a witness who can prove profedsional advice" is exactly their WhatsUp message to me
    *then is me being home, thinking positive and waiting for the landlady, her real estate agents and the towngas guy to arrive and hoping to get the stove matter and all the other things solved
    *finaly is just me, facing a towngas guy with a big package in front of the door while struggling to understand what the hell is going on

    Plus the real estate agents frantically WhatsUp me with "they replaced the stove already?"
    Last edited by arathi; 05-12-2015 at 01:59 PM.

  6. #96

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    Quote Originally Posted by big_panda:
    After 7 days, he can issue a writ for payment of the rent, and he would most likely get summary judgement (you have no defence for not paying your rent). If you fail to pay the judgement amount he can then apply for a bailiff to remove you from the flat, or go through the process of claiming the money from you, failing which if you dont pay, you could be bankrupted. I'd take that course of action if my tenant withheld the rent.
    Why all the trouble?
    You still have the deposit: visit the tenants, inspect the flat and settle the accounts.
    In my opinion, that would be the right course of action.
    Last edited by arathi; 05-12-2015 at 02:10 PM.

  7. #97

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    Quote Originally Posted by arathi:
    V

    Why all the trouble?
    You still have the deposit: visit the tenants, inspect the flat and settle the accounts.
    In my opinion, that would be the right course of action.
    Ordinarily that would be true, but if you dont pay the last two months rent (as suggested by others), as Landlord you are out of pocket should there be any remedial items that need fixing.

  8. #98

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    Quote Originally Posted by big_panda:
    Ordinarily that would be true, but if you dont pay the last two months rent (as suggested by others), as Landlord you are out of pocket should there be any remedial items that need fixing.
    From what I heard in HK when you rent there is not that much to cover. In the States we used to have to pay (and I charge) for everything that needs to be done to return it to original condition. Here you can just clean everything yourself and be done with it. In the US I've always had professional cleaners do it so nobody really had to do any cleaning themselves. Last time I moved out in HK I didn't even have to pay for the cleaning.

  9. #99

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    Quote Originally Posted by jack55:
    From what I heard in HK when you rent there is not that much to cover. In the States we used to have to pay (and I charge) for everything that needs to be done to return it to original condition. Here you can just clean everything yourself and be done with it. In the US I've always had professional cleaners do it so nobody really had to do any cleaning themselves. Last time I moved out in HK I didn't even have to pay for the cleaning.
    Not sure about that. Last time when I moved out - after a 4 years lease - the new tenant moved in the very same day I moved out!
    The flat was in the same condition as it was when we rented except for three small light bulbs I offered to pay for the replacement.

    Suppose it was something damaged in the flat to be discovered not during the final inspections but in the fourth day after me leaving the flat - how was the landlord to know it was me and not the new tenant who did it?
    That's a question only an HK landlord could answer!

    Yet, I had to wait 5 weeks to get my (supposed to be returned within seven days!) deposit back.
    Last edited by arathi; 09-12-2015 at 09:57 AM.

  10. #100

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    Maybe I can take this thread as a chance to briefly ask a question that we've had come up recently... We had talked previously with our landlord about getting a cat, he was hesitant but agreed if we paid an extra deposit and one-off cleaning fee (and we left it at that then...). We have since got a cat and will now have to follow up with this (he somehow found out -- no clue how, gossipy neighbor? evil building management guy?). As discussed before, the additional deposit he's asking for is $10,000 hkd (about half our rent) plus $2,000 cleaning fee (non-refundable). Is this reasonable?

    We've been here 3 years, so any damage and painting, we think, would fall within the reasonable "wear and tear". The cats, which we've had a few months, so far have never damaged anything in the house (whereas we've made a few little dents here and there!), and I honestly can't imagine what the cats could do that would ever require $10,000 in damage. So now I feel this additional deposit request and situation with the cats will just offer him a chance to make excuses for us to start paying up when the time comes for the things that are actually under the usual wear and tear. I'm concerned we'll never see it again, even though so far we feel there has been no reason whatsoever for us to not get back our original deposit. We're not planning on moving, but we'll see how this plays out... So far he's been a pretty reasonable landlord, after all we've been here 3 years without unreasonable rent increases, and any repairs we've asked for have been taken care of in a timely manner!

    Any thoughts? Are we getting screwed? (I should note his wife is a corporate lawyer. )


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