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Getting kicked out because I

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  1. #71

    Join Date
    May 2006
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    Pampanga, Philippines
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    29,772
    Quote Originally Posted by flameproof:
    Airbnb prices don't really reflect the rental market though.
    I meant he could be looking to see what he could get via AirBnB

  2. #72
    Quote Originally Posted by TheDocHK:
    Hi,

    I am renting an apartment in HK for a few months, and I'm coming to the US for Christmas for 1 week. I thought it would be a good idea to rent the place on Airbnb during this week.

    But I made a stupid mistake, I forgot that it was forbidden by my Tenant Agreement: "the tenant shall not sublet the Premises to any other person. This tenancy shall be personal to the Tenant named herein."

    This was a reckless mistake and I shouldn't have proceeded, but I forgot.

    So I put the apartment on Airbnb a few weeks ago, and I didn't get any reservations (except one that I have canceled). And this morning I got an email from the landlord saying that he saw the listing on Airbnb, blaming me to break the contract and that he will "reprocess" the apartment Monday next week, and I have to leave the keys etc.

    First, I fear that he will hold my deposit and will not reimburse what's left of my rent for the month. Second, doesn't it feel a bit overkill as I didn't find any tenant and did not get any money from Airbnb or anyone else for renting the place? Is this even legal to kick me out of the apartment like that? What are my options?

    Thanks guys. A bit lost here.

    Cheers

    Fred.
    You illegally attempted to sub-let your apartment. I support your landlord.

  3. #73

    Join Date
    May 2009
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    6,181
    Original Post Deleted
    Huge room for argument here.

    Anyway, I am puzzled why the landlord makes such a fuzz. Is the rent too low? Do they want to sell without tenant? Market ain't that good....

  4. #74

    Join Date
    Dec 2015
    Posts
    37
    Quote Originally Posted by flameproof:
    Huge room for argument here.

    Anyway, I am puzzled why the landlord makes such a fuzz. Is the rent too low? Do they want to sell without tenant? Market ain't that good....
    My rent is pretty low yes. My agent who is a friend of landlord's negotiated for me and dropped the rent from 23k to 16kHKD for a 4 months lease. I'm trying to suspect my agent to have made a deal with the LL and that they were after my deposit from the very beginning.

  5. #75

    Join Date
    Feb 2011
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    Hong Kong
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    6,317
    Quote Originally Posted by TheDocHK:
    My rent is pretty low yes. My agent who is a friend of landlord's negotiated for me and dropped the rent from 23k to 16kHKD for a 4 months lease. I'm trying to suspect my agent to have made a deal with the LL and that they were after my deposit from the very beginning.
    I doubt it. But I think meeting you one can easily know that you are easy money to screw over so why not. You need to stand your ground or get walked on and by your comments, you are getting walked on.

  6. #76

    Join Date
    Dec 2015
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    37

    I got it MandM, cool down please.

    MandM! and Ehiogu like this.

  7. #77

    Join Date
    Oct 2006
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    Sarcasm - because beating the crap out of people is illegal
    Posts
    14,622

    Perhaps have a third-party there at key/deposit handover as a witness. Video it too.


  8. #78

    Join Date
    Dec 2013
    Location
    Hong Kong
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    12,323
    Quote Originally Posted by TheDocHK:
    Ok cool. I'll do that. Thanks

    So you're saying that even if my lease says that it ends on the 12th of January, there is some kind of law that is saying that it continues until I give the premise back? What's the point of having an end date on a lease then?
    If he does not return your deposit, then the lease is not ended because he has not adhered to the terms of it and you can continue to stay there. You should also pay rent, but it would give you the option to delay the last month payment to offset the lack of deposit.

    As others have stated, an INTENT to sublet is like an intent to murder... so long as you didn't actually DO it, no crime involved. He does not have a leg to stand on.

    As others here have clearly and accurately indicated, just grow a backbone and refuse to back down. Just state, verbally or in writing (with the latter being better imho), that you did not sublet, you are not in breach of your lease, you are prepared to hand over your keys on the [date] and expect to get your deposit back in accordance with the terms of the lease. Fill in the form 7 to object to the illegal notice on your door. You have the law in your favour, you only need to just stand up and use it and stop being intimidated by your landlord. If you can't do that, get a friend to help you or something.
    MandM! likes this.

  9. #79

    Join Date
    Dec 2015
    Posts
    37

    Yeah you guys are right. I just wanted to be sure that it would not be illegal to change the locks even with the lease that ends, but now that I know it's not, I'll fight the landlord.

    Here's what I'll do:
    - change the locks.
    - send the landlord an email saying that I will give him the new keys after mutual inspection and him giving me the cash in my hand.
    - state in the email that B&E will still be considered as a crime as the lease is not completed and that he should not try to enter unless he wants to be in big trouble.

    I will videotape the mutual inspection and have a friend with me as a witness.

    Meanwhile I'll just sleep at a friend's house. I'll move out because as the guy clearly is a dumbass he might break in and just throw my stuff away in anger.

    I will share all of this with the tribunal and state it in the opposition form so that everything is 100% crystal clear on both sides.

    Last edited by TheDocHK; 05-01-2016 at 04:56 PM.

  10. #80

    Join Date
    Apr 2009
    Location
    Hong Kong
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    Why do you keep rolling over? Do not move out.


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