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Landlord refusing to return deposit, despite written agreement

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  1. #71

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    back into the saga of her cooking stove

    The landlady suddenly canceled the flat inspection :

    As we agreed few days ago, we were to meet up all of us today and clarify things.
    So when the TownnGas called and announce their arrival I called the real-estate agents  - they always act as intermediary and they are like 10 minutes away (yes, two of them involved, we are all language-challenged in this story). So told them the news: the town gas is coming in 30 min so the landlady is invited, as it was already planned - to discuss and decide.
    But they say “no need, no need - you alone, stay there the stove is coming”!!

    It turned out that the landlady chose and ordered a 5000 HKD stove on our name  that we were expected to entirely pay for it; as the TownGas said “no money now, gas bill”.
    And she didn’t even bother to ask us first!

    Now, that is our landlady! It doesn’t sound like she is gonna win an integrity test, no!

    However, lucky enough I was on the phone with the TownGas asking them for the damage report when the stove arrived so I could explain to this English speaking guy that we never order the stove and that we know nothing about it; and he then cancel the order and asked the delivery person to take the stove back.

    Last edited by arathi; 02-12-2015 at 04:20 PM.

  2. #72

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    Mar 2008
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    136

    I have been a Tenant & a Landlord in HK over the last 17 years & have experienced some unusual situations and this appears to meet the criteria as unusual, and I think the fact that the Tenant is a foreigner and so is the Landlady just make things worse.

    From my experience I would simply not pay the rent for December 2015 or January 2016 (I anticipate that this is equivalent to your security deposit under the lease agreement between the 2 parties. I see a lot of people mentioning that not to pay the last 2 months is a breach of contract, and technically it is, but you have to consider what sort of Landlady will pursue this through the courts because there is the expense of the whole process, the risk that her outrageous behaviour will be opened up in court and that if you refused to move out it would cost the Landlady a chunk of money to take you to court for not providing vacant possession plus the lack of a new tenant would mean she would be losing income.

    I don't know much about dealing with Mainlanders per se but lots of HK Landlords will try to frighten Tenants with threats of court action and the like but the reality is most of the time this is simply "sabre rattling" to try to get more out of the deal than they should. So don't pay, hold firm and keep possession until the final day of the lease. Tell the Landlady and the Agent that if they want anything else then you will see them in court. Upon the last day of the lease formally write and invite the Landlady and Agent to a joint inspection at a fixed time and if they do not show up take pictures yourself and return a copy with all of the keys to the Agents office.

    As a landlord if someone provided vacant possession on time and returned the apartment in a similar condition save for general wear and tear there is not much I can do - just a missed opportunity to relieve some foreigner of some more money because he / she was silly enough to listen to me. At the end of the lease I have received the full rental amount.

    It will be interesting to see what happens next!

    arathi likes this.

  3. #73

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    Y

    Original Post Deleted
    Yes, that s pretty scary; one can order what ever one wants - on the cost of somebody else ....that's bad!
    Obviously what the landlady did is simply fraud - but the TownGas is a reputable company....They should - at least ask for confirmation.

    Maybe I should fill in a complain?

  4. #74

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    Quote Originally Posted by arathi:
    Y

    Yes, that s pretty scary; one can order what ever one wants - on the cost of somebody else ....that's bad!
    Obviously what the landlady did is simply fraud - but the TownGas is a reputable company....They should - at least ask for confirmation.

    Maybe I should fill in a complain?
    What name is the gas bill in - yours or the landlords?

  5. #75

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    Quote Originally Posted by arathi:
    Y

    Yes, that s pretty scary; one can order what ever one wants - on the cost of somebody else ....that's bad!
    Obviously what the landlady did is simply fraud - but the TownGas is a reputable company....They should - at least ask for confirmation.

    Maybe I should fill in a complain?
    After what your landlady did that is obviously fraudulent, I would have called the police.
    arathi and jrkob like this.

  6. #76

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    Quote Originally Posted by drumbrake:
    What name is the gas bill in - yours or the landlords?
    The gas bill is in our name; so is the electricity and the water bills

  7. #77

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    Apr 2015
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    just dont pay rent for 1-2 months to make up the deposit they are holding... then when its time just move... landlords cant mess with tennants to be honest. If they want to play games, you can easily screw them over harder than what they are trying to do. You just need to turn your nice side off!

    arathi likes this.

  8. #78

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    Feb 2011
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    Quote Originally Posted by banditz:
    just dont pay rent for 1-2 months to make up the deposit they are holding... then when its time just move... landlords cant mess with tennants to be honest. If they want to play games, you can easily screw them over harder than what they are trying to do. You just need to turn your nice side off!
    OP is too nice. Its like the landlord won the lottery.

  9. #79

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    Mar 2008
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    Tell her to refund your deposit or whatever it is you want, failing which you will call the police to report the fraudulent representation she made to towngas. Sounds like a right b*tch!

    arathi likes this.

  10. #80

    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.

    arathi likes this.

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