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Getting kicked out because I

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  1. #31

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    I'll change the locks tomorrow if the situation hasn't changed today. I don't want to seem uncooperative and I know they might take the fact that I changed the locks as a act of war.

    I'm a bit negative because the landlord employee is being very moralistic and does not seem to accept my apologies, but still, the law is the law and event if intent was here, I didn't rent the apartment and a simple warning would have been enough for me to remove the listing from Airbnb.

    He thinks that I'm some kind of crook that's subletting apartments to illegal people, but I'm just the average dude that's trying to round up figures by renting my place for 6 days. This was a mistake from my side.

    Last edited by TheDocHK; 18-12-2015 at 10:49 AM.

  2. #32

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    Quote Originally Posted by Claire ex-ax
    The hypothetical "you" could sue the tenant for compensation and damages.
    Please remember that I did not rent the place. Yes, the intent was there but I removed everything from Airbnb when the landlord asked me to.

    Absolutely nobody except myself lived in the apartment in exchange of money. I hosted my brother for 2 weeks (he was on vacation in HK) and he slept on the couch while I was sleeping in the bed (and of course he didn't pay for it), but I don't think it's illegal or lease-breaking.
    Last edited by TheDocHK; 18-12-2015 at 10:57 AM.

  3. #33

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    Quote Originally Posted by TheDocHK
    Please remember that I did not rent the place. Yes, the intent was there but I removed everything from Airbnb when the landlord asked me to.

    Absolutely nobody except myself lived in the apartment in exchange of money. I hosted my brother for 2 weeks (he was on vacation in HK) and he slept on the couch while I was sleeping in the bed (and of course he didn't pay for it), but I don't think it's illegal or lease-breaking.
    I was referring to the hypothetical "you" in Jimbo's post, the post I quoted in my post.

  4. #34

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    Quote Originally Posted by TheDocHK
    I'll change the locks tomorrow if the situation hasn't changed today. I don't want to seem uncooperative and I know they might take the fact that I changed the locks as a act of war.

    I'm a bit negative because the landlord employee is being very moralistic and does not seem to accept my apologies, but still, the law is the law and event if intent was here, I didn't rent the apartment and a simple warning would have been enough for me to remove the listing from Airbnb.

    He thinks that I'm some kind of crook that's subletting apartments to illegal people, but I'm just the average dude that's trying to round up figures by renting my place for 6 days. This was a mistake from my side.
    The law allows for 'remedy', evne when there has been a breach of contract. The LL can't just kick you out; to get his property back the LL would have to take certain legal steps. This is why I asked 'do you want to fight it', perhaps 'contest' would have been a better word. The LL has decided he doesn't like you and wants you gone. But do you want to 'contest' it and live in the property of a 'hostile' LL?
    Last edited by Claire ex-ax; 18-12-2015 at 11:13 AM.

  5. #35

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    Well, my lease is supposed to end in 3 weeks anyway, so I figured that I'd just finish it and move elsewhere. But I want my 15k HKD deposit back and I hate all of this hustle for something that I did not actually do. A simple warning would have been more than enough.

    This whole thing is shady anyway. The guy I'm in contact with is in contact with his boss, who owns a company that deals with rents but that does not own the place itself. This company rents the place from another company which is the actual landlord (yep, that's a hard one!).

    Thanks for helping me guys, I feel awful right now as I'm struggling to talk to the actual guy who is threatening to kick me out.


  6. #36

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    Ask to see the Order for Possession.


  7. #37

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    OP, there's a lot of really shitty advice in this thread by the usual suspects.

    1. Unless explicitly catered for in your contact (which I would be amazed about, and even it would probably be unenforceable), an offer or advertisement to sublet is not a breach of your contract.

    2. To regain possession by force without a tenant having been in breach of the contract would put the landlord in breach of same tenancy.

    3. You need to very calmly and clearly say to the landlord an advertisement in airbnb does not constitute a breach and even the threat of being kicked out is an interference with your quiet enjoyment of the lease. If he persists in his threats, that you will take further legal action against him.

    4. If you come back after Christmas to find your stuff outside the flat with the locks changed, you call the police first, show them the lease and call a locksmith to grant you access. If someone else is physically living in there, then find a modestly price alternative accommodation until you find something suitable. You will have a very strong claim for the amount of costs you incur in this regard. You will need to notify the landlord that they are in breach of the tenancy and you will probably need to lawyer up and sue them.

    At this stage, don't start getting scared. Just act like an adult and tell the landlord to (1) go fuck himself and (2) have a merry Christmas.


  8. #38

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    Thanks Ehiogu, that's a nice sum up
    I will send an email to the LL saying what you are saying. Do you think that I should change the locks as well?


  9. #39

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    Quote Originally Posted by TheDocHK
    Thanks Ehiogu, that's a nice sum up
    I will send an email to the LL saying what you are saying. Do you think that I should change the locks as well?
    Depends, really. If the landlord really is planning to unlawfully evict you, would new locks stand in his way? You're the best person to decide that.

  10. #40

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    Thanks so much. It's really reassuring. Are you a lawyer or a legal counsellor? Because I really like the way you put things down (especially the "fuck you and merry merry Christmas" part ).

    Ehiogu likes this.

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