Landlord refusing to return deposit, despite written agreement

[jack55]

I never understood some landlords not liking cats or dogs but are OK with kids. Young children cause much much more damage than any dogs or cats can. But anyway, if you had agreed to the deposit amount, and then got the cat without telling the landlord (seems like you were trying to sneak one by) then I don't think you have much bargaining power. If you didn't like the deposit amount you should have negotiated prior to you getting a cat without telling your landlord if I understand it correctly.

That said, I'd still try negotiating the amount. It's a bit high. Did the apartment come furnished? The cleaning fee is pretty high too.

[big_panda]

Original Post Deleted

I guess you are lucky she didnt seek to enforce the small claims judgement. Since she was given default judgement, she could have served you a statutory demand for payment. If you failed to pay the demand, she could then set the motion to have you adjudged bankrupt.

[arathi]

Original Post Deleted

sorry for delay - Towngas said is actually common practice in HK; they usually get the orders from the landlords while the costs are cover by the tenants. In our case the landlord assured them that she already get our approval!

[arathi]

The police are unlikely to give a crap about a civil dispute. They have more important things to worry about they landlord/tenant arguments.

So true: some of my mail coming in after we moved out ended up in the hands of my ex-landlord real estate agent; we passed by the agency to recover it but she would give it to us!
She claims that we owe her HKD 150 (we had NO business whatsoever with her) - and while we are debating she is entitled to keep the post.

So I paid an informal visit to the nearest police station and asked if is not illegal to keep someone post ...it was all oh, ah and "well, we don't know, maybe sometimes"....???

[MandM!]

A cat, extra 10k? I would try to screw you with a 2-3k cleaning fee and leave it at that. Surprised with an extra 10k deposit.

Technically you don't need to fix anything. Walls fall apart after a year anyway. But if you are a nice tenant, why not try to save 15k by asking you to pay for it. Works maybe 10% of the time, usually with expats only. What can you damage when the shelf life of everything is 1-2 years anyway...

Solve the problems. Don't rent. Own.

[arathi]

First, stop paying for stuff! The security deposit is supposed to be protection against unwarranted damage to a premises above and beyond 'normal' wear and tear. It is NOT meant to be a means for unscrupulous landlords to renew / update their appliances at your expense.

Second, issue your notice to the landlord (it's up to you whether or not you tell them you intend to stop paying the last 2 months rent). If / when the landlord does chase your for payment, stand firm and don't budge.

So we did: we didn't pay the last two months rent and it was the best decision ever!
However, we choose to move out one week before the end of the lease (we get the flat by the Tung Wah org. we were waiting for) and by doing so we gave up the remaining balance of our deposit.
We also allowed the real estate agent to bring in potential tenants few times so the flat was rented out immediately.

Still, the same real estate agent wouldn't give us our (already old by now) post - claiming that I owe to give 150 HKD (!!!) for an entrance card that I returned too late (I just couldn't find the stupid little thing the day we moved out).

I'm absolutely laughable!

[arathi]

The whole thing with renting here sucks from my experience and brinks on laughable. If your landlord is not honest then he or she can just play around cause its difficult to make them comply. If they don't comply with their contract and you stop paying rent then you are in breach of contract.

I do not have an extensive experience but I do believe that's absolutely true!
I always naively thought you can fairly resolve everything by having a open discussion with your landlord -
so none have to get screwed.
I was wrong I must say, you actually have to protect yourself and your savings - 'cause one piece of paper is not gonna do it for you.

[TheBrit]

Withhold the key return until you get your money back. Golden rule of renting here. Don't be screwed around. As a tenant, you hold the balance of power as long as you have the key.

[MandM!]

Withhold the key return until you get your money back. Golden rule of renting here. Don't be screwed around. As a tenant, you hold the balance of power as long as you have the key.

Very true. Everyone comes here for help yet no one listens.

No sympathy.

[ehayan]

Could I report to police, making a criminal case, If landlord keeps ignoring calls mails and messages, while holding the deposit even without disclosing how much was the damage?

I used to talk to the Secretary of the landlord. Though kept asking co- inspection on the last day ir earlier, The Secretary kept asking me to leave the key to a real estate agent and the agent asked to do to the management office as he is out of HK. (Feeling not comfortable) but let the key to the management office and asked the Secretary and the agent to do inspection together anytime they want.

No reply and got a WhatsApp message after 13 days, one day before the deposit return deadline, that they need 2 weeks for the repainting etc due to the bad condition, not from normal wear and tear. They took pictures of scratches in the store room but most of them could be easily removed after normal repainting for a new tenant.

They were quite difficult and far away from cooperative so dropped email that let me know the additional cost from my obvious misusing. But another 3 weeks are passing and now the Secretary did not answer any call or message or mail. Even no reply to rental receipt issue Request....

Afraid the guy had a plan to scam the whole from the beginning. In this case, could i report to police?

Many thanks,

Andy