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Getting kicked out because I

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  1. #91

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    Jan 2010
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    @TheDocHK: Good idea, tell the landlord and the tribunal that your are moving out of the flat and in with a friend. That will surely help your case. NOT.


  2. #92

    Join Date
    Dec 2015
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    37

    Of course I won't mention that... As far as the landlord will know I will still be living in the place.

    This is just to be sure on my side. Actually, the guy who is threatening me is 19, he's the personal assistant of the company that rents the apartment, and he seems to be veeery emotional, he has threatened me multiple times to break in if I changed the locks, so it would not surprise me if he came with a driller and force open the door then throw away my stuff for revenge.

    And even if the law is with me, the kid is so stupid that he might take unconsidered risks just to prove his point.

    Last edited by TheDocHK; 05-01-2016 at 05:28 PM.

  3. #93

    Join Date
    Dec 2013
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    Quote Originally Posted by TheDocHK:
    Of course I won't mention that... As far as the landlord will know I will still be living in the place.

    This is just to be sure on my side. Actually, the guy who is threatening me is 19, he's the personal assistant of the company that rents the apartment, and he seems to be veeery emotional, he has threatened me multiple times to break in if I changed the locks, so it would not surprise me if he came with a driller and force open the door then throw away my stuff for revenge.

    And even if the law is with me, the kid is so stupid that he might take unconsidered risks just to prove his point.
    Then ffs also go to the police and make a report of harassment!
    bookblogger and eIIe like this.

  4. #94

    Join Date
    Apr 2009
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    Quote Originally Posted by TheDocHK:
    it would not surprise me if he came with a driller and force open the door then throw away my stuff for revenge.
    Even more reason to stay in there and stand your ground.
    MandM! likes this.

  5. #95

    Join Date
    Dec 2015
    Posts
    37

    You're right. I'll stay. I won't leave anything valuable and tell him that if he we wants to have me out, he should hand me the deposit in cash.

    Fun fact, I was talking with other tenants from the building (the landlord is actually a company which rents the apartments from another landlord, the one who actually owns the building, and rents it to expats). Everybody has issues with the guy. He asks for the rent to be left in cash on the table, he does not want to fix broken showers or toilets...

    This is a shady guy.


  6. #96

    Join Date
    Feb 2011
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    Hong Kong
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    6,372
    Quote Originally Posted by TheDocHK:
    Yeah you guys are right. I just wanted to be sure that it would not be illegal to change the locks even with the lease that ends, but now that I know it's not, I'll fight the landlord.

    Here's what I'll do:
    - change the locks.
    - send the landlord an email saying that I will give him the new keys after mutual inspection and him giving me the cash in my hand.
    - state in the email that B&E will still be considered as a crime as the lease is not completed and that he should not try to enter unless he wants to be in big trouble.

    I will videotape the mutual inspection and have a friend with me as a witness.

    Meanwhile I'll just sleep at a friend's house. I'll move out because as the guy clearly is a dumbass he might break in and just throw my stuff away in anger.

    I will share all of this with the tribunal and state it in the opposition form so that everything is 100% crystal clear on both sides.
    This is typical Chinese game. They play emotional to get the money. They won't break in, they know its jailable to do so.

    Either lose the 13k, stay an extra month without paying or tell the landlord you'd like to leave early and happy to schedule a day and time to meet and receive the deposit back in cash.

    I wouldn't bargain with him. He owes the full 13k. Wear and tear is not chargeable so don't be fooled.

    Once he knows you aren't playing, and you are staying past the lease and not paying, then he will contact you to resolve the problem. Its a waiting game, whoever waits longer wins.

  7. #97

    Join Date
    Dec 2015
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    37

    Ill go with the third option and if he does not give me news I'll stay one month more.

    Tomorrow I'll go to the tribunal and fill an opposition form to the landlord's form 22, saying that I did not break the lease and that I always have paid my rent on time.

    I will keep you guys in touch.


  8. #98

    Join Date
    Dec 2009
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    7,478
    Quote Originally Posted by HK_Katherine:

    As others have stated, an INTENT to sublet is like an intent to murder...
    Analogy of the year

  9. #99

    Join Date
    Oct 2014
    Posts
    298
    Quote Originally Posted by justjoe86:
    Analogy of the year
    Yeah, from where I came from intent to murder is a serious crime. I think that it applies everywhere, but apparently I am wrong...

  10. #100

    Join Date
    Sep 2015
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    221
    Quote Originally Posted by TheBrit:
    The end date lets the landlord reclaim the property on that date, if the contract is settled to the satisfaction of all parties. The requires the tenant will willingly hand over the keys in return for the deposit, less any agreed damages. If the deposit is not returned, the tenant is legally entitled to retain the keys and continue living in the apartment (and paying rent) until (a) they come to an agreement or (b) the landlord goes to court and starts the legal process to recover the property.
    Are you sure this is correct?

    From a strict contract law perspective, the obligations cease on the date of termination of the lease whether or not the parties are in breach of any obligations (e.g. subletting, or not returning a deposit).

    I am not a landlord and tenancy expert so there may be something in landlord and tenancy legislation that backs up your view. Otherwise, OP would be in breach of his tenancy if he doesn't return the keys on the said date.

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