Last edited by Claire ex-ax; 18-12-2015 at 11:13 AM.
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.
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.
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?
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 ).
Well, things are not cooling down. But at least I managed to buy some time for him to kick me out in 2 weeks instead of Monday (he did not like the fact that I told him I would change the locks, that got me a tiny bit of leverage). He wants me to find a lawyer and have him get in touch with him. Jeez.
I think I'll go talk to the police to me 100% sure of my rights. The landlord keeps telling me that I cannot lock myself in his own place, bla bla bla, and that if I do so he will break and enter.
Last edited by TheDocHK; 19-12-2015 at 06:31 PM.