Like Tree62Likes

Getting kicked out because I

Reply
Page 13 of 14 FirstFirst ... 5 10 11 12 13 14 LastLast
  1. #121

    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.

  2. #122

    Join Date
    Feb 2011
    Location
    Hong Kong
    Posts
    6,372

    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.


  3. #123

    Join Date
    Dec 2013
    Location
    Hong Kong
    Posts
    11,755

    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.

  4. #124

    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?


  5. #125

    Join Date
    Dec 2008
    Location
    -
    Posts
    1,762

    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?


  6. #126

    Join Date
    May 2009
    Posts
    5,734
    Quote Originally Posted by TheDocHK:
    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.
    My line of defense would be: that I put the flat on Airbnb to check if I could rent it out because I plan to buy a place in that building. And if I indeed have had a rental proposal I would have turned it down because I was in HK all the time anyway and the place wasn't vacant.

  7. #127

    Join Date
    Dec 2008
    Location
    -
    Posts
    1,762

    Did you get your deposit back?


  8. #128

    Join Date
    Dec 2015
    Posts
    37

    Of course not.

    On the day of the judgment, the judge did not understand why the landlord filed a complaint, because the rent has been paid and the lease was ended. He said it was not his jurisdiction. Moreover, the landlord should have filed a specific document with the proof that I sublet the apartment, which he did not do.

    The landlord's employee told me he'd give back my deposit within 2 days, which of course didn't do, it's been 8 days and he refuses to give me a return date of the money. Yep, I've been crooked.

    I'm going to Small Claims tomorrow to file a complain, even if I know that the chances that I'll see my money back are close to 0.

    Do you guys know how long it takes to get a hearing?

    Ehiogu and MandM! like this.

  9. #129

    Join Date
    Sep 2015
    Posts
    221

    It won't take very long - not in the small claims court.

    I doubt very much your landlord will fail to pay if you win a judgment at the small claims court.

    Keep us updated!


  10. #130

    Join Date
    Oct 2010
    Posts
    22,474
    Quote Originally Posted by TheBrit:
    I don't think it is in the interest of either side to end up in court to be honest - but if the tenant hands back the keys without getting his deposit back then that is his only option.
    And so it came to pass. What a waste of everyones time this has been - it should all have been sorted out between the two parties on the termination date of the lease and everyone would have walked away happy.
    MandM! likes this.

Reply
Page 13 of 14 FirstFirst ... 5 10 11 12 13 14 LastLast