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Landlord refusing to return deposit, despite written agreement

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  1. #111

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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.

  2. #112

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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.

  3. #113

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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.

  4. #114

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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.

  5. #115

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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. )


  6. #116

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    I feel you are being taken advantage of.

    My tenant has a cat, and I did not ask for any additional deposit or... cleaning fee.


  7. #117

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    thats BS. its only a cat not A star war creature

    MandM! likes this.

  8. #118

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    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.


  9. #119

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    Quote Originally Posted by jrkob
    @big_panda - as always - describes exactly what may happen but I have the following comment as I have personal experience with this (I have said in another thread that I always paid my rent in time but I now realize this was obviously incorrect !).

    I too had a mentally deranged landlord in 1999, I think it was, and I decided not to pay my last 2 months of rent.
    She gave me a few days to pay, and then immediately filed a claim to the small claim tribunal, without telling me. I received a summon to appear to a hearing 4 weeks later. That is at week 5 from the day I defaulted. I did not bother going to the hearing. Default judgement was entered into against me obviously, and 2 weeks later I received a letter asking me to pay, and I had, I think it was, 2 weeks to do so. This was, therefore, giving me until week 9 to pay. Obviously, I was already out of the apartment by week 8 and the whole thing died.

    I think practically, getting a judgement enforced involving a bailiff (which itself involves filing docs with a higher court) isn't possible in 2 months.

    But I have a question for you big_panda: my Landlady had given up her claim when I moved out. What if she really wanted to annoy me, what else could she do ? There was no one to evict and since my Landlady had not suffered any actual loss, I am not even sure her claim for payment was still valid.

    What do you think ?
    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.

  10. #120

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    Quote Originally Posted by jrkob
    I find it incredible that Towngas agreed to invoice/charge you for an order that did not come from you .
    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!

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