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Getting kicked out because I

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  1. #101

    Join Date
    Sep 2015
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    221

    I'm a really nice landlord and have always given the tenants their deposits back, whether or not there has been any minor damage.

    However, if I am a pyschopathic LL, as this one appears to be, i'd be trigger happy with court proceedings if this annoying gweilo T scumbag doesn't bend over and take my dry fisting with gratitude.

    TheBrit likes this.

  2. #102

    Join Date
    Jan 2008
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    1,966

    Most of the tenancy agreement have a clause that rental deposit will be returned 2- 4 weeks after vacant possession is handed over. Landlord is not obliged to give the deposit on the day of taking vacant possession.

    shri likes this.

  3. #103

    Join Date
    Dec 2015
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    37

    Yeah, after consulting other landlords (from here and from my personal network), it seems that the best road to take is the "peaceful" road (probably known as the "pussy" road around here ).

    I'll keep documenting everything, take a few hundreds pictures of the place with a witness on the day that the lease ends, and videotape the mutual inspection. I'll remind the LL that according to the tenancy agreement he has to give me back the deposit within 7 days.

    If he fails to do so, I'll go to Small Claims. Still, I've heard that even if they ask the LL to give back the money, it often happens that they don't execute as apparently the judgment is only advisory. But we'll see what happens then.

    I hope that he won't be foolish and act stupidly. His property is on a very popular street of HK in the heart of the expat district, and he is targeting expat tenants. He has an English business name that he is advertising on Facebook and on expats forums, so he must know that a bad reputation on the Internet would definitely hurt his business.

    Last edited by TheDocHK; 07-01-2016 at 11:44 AM.

  4. #104

    Join Date
    Dec 2015
    Posts
    37

    Update -- we did the mutual inspection with an employee of the landlord's, nothing to declare, we have both signed a paper saying that everything was in order and the premise was in the same condition as it was when I first moved in.

    I asked for my deposit, and he said that if the lands tribunal says that I have not breached the tenancy agreement, then he'd give it back to me. Our hearing is in 10 days, so we'll know more at this moment.

    Claire ex-ax and shri like this.

  5. #105

    Join Date
    Dec 2002
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    Best of luck.

    Do read / print and carry a copy of the relevant ordinances (esp if they refer to subletting) with you. Incompetence is not unknown in the legal circles.


  6. #106

    Join Date
    Dec 2015
    Posts
    37

    Thanks

    I'll print every document out. My tenancy agreement, the eviction emails of the landlord's employee, his message saying that he would break the door if I changed the locks, and the plane tickets of my brother if he exhibits "proofs" saying I let someone else sleep at the apartment.

    My only fear is that the landlord might have a solicitor representing him, and I'm not one, so I'll have to defend myself in English, translated in Cantonese, that's going to be folkloric.

    My line of defence will be that I put the flat on Airbnb to check if I could rent it out, and if I indeed have had a rental proposal, I would of course have asked permission to the landlord in order not to break the tenancy agreement.

    shri likes this.

  7. #107

    Join Date
    Feb 2011
    Location
    Hong Kong
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    6,317

    That's so sketchy. How can he say if you didn't breach the contract. Just because you breach it doesn't entitle the landlord to your deposit. There has to be specific losses.

    Sounds like they are up to something or hope you don't show up to court. Good luck.


  8. #108

    Join Date
    Dec 2013
    Location
    Hong Kong
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    12,333

    Start an action in the small claims court NOW to get your deposit back. Then when your tribunal comes up you can show your LL is the one in breach of contract, not you.

    Lord Dashwood likes this.

  9. #109

    Join Date
    Dec 2015
    Posts
    37

    Why would going to small claims enforce the fact that he had breached the tenancy agreement? Saying and proving to the lands tribunal that he has had the deposit for more than 7 days won't be enough?


  10. #110

    Join Date
    Dec 2008
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    A shortcoming of small claims is they don't deal with the execution of the verdict; even if you won the case there is no guarantee the other party will pay. Can anyone tell if land's tribunal enforces verdicts?