Getting kicked out because I

[TheDocHK]

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.

[MandM!]

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.

[HK_Katherine]

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.

[TheDocHK]

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?

[Drunken Master]

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?

[flameproof]

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.

[Drunken Master]

Did you get your deposit back?

[TheDocHK]

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]

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!

[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.