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Landlord refusing to return deposit, despite written agreement

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  1. #81

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    I'm in a similar situation, my lease is up in 2 months, I've contacted the landlord to inform him that I won't be paying the last 2 months rent but then he refused commenting that he'd take a legal action to evacuate the flat if I don't pay the rent within 7 days.

    What legal action would he take? Does he have the right to enter the flat in my absence and remove my belongings and change the door lock?

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  2. #82

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    Always change the lock chamber as soon as you move in. If you have rented through an agent, goodness knows how many copies of the key were cut and handed out for vacant viewing. Plus you then also have no risk of unexpected visits from your landlord.

    Keep the original chamber and replace it with yours when you move out.

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  3. #83

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    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.

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  4. #84

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    Wow sounds like a terrible situation. Hate bad landlords. I guess I'm sticking to new apartments.

    edit: Good luck by the way!

    Last edited by jack55; 04-12-2015 at 05:14 PM. Reason: add

  5. #85

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    Original Post Deleted
    It takes 5 months
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  6. #86

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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.

  7. #87

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    You

    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.

  8. #88

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    H

    Original Post Deleted
    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.

  9. #89

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    V

    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.

  10. #90

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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.

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