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Getting kicked out because I

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  1. #1

    Join Date
    Dec 2015
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    37

    Getting kicked out because I

    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.

    Last edited by TheDocHK; 17-12-2015 at 04:51 PM.

  2. #2

    Join Date
    Nov 2008
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    Was the tenancy agreement stamped by the government?


  3. #3

    Join Date
    May 2010
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    you can argue with someone who has your money or move out peacefully and get your deposit back.

    huja likes this.

  4. #4

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    Sarcasm - because beating the crap out of people is illegal
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    Do you want to fight it?


  5. #5

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    If I rented my property to someone and the found out by accident that the person was renting it to someone else (who I would know nothing about) I would not be happy. You didn't think to let the landlord know what you were doing?

    jimbo, Cho-man and huja like this.

  6. #6

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    Quote Originally Posted by hullexile:
    If I rented my property to someone and the found out by accident that the person was renting it to someone else (who I would know nothing about) I would not be happy. You didn't think to let the landlord know what you were doing?
    The hypothetical "you" could sue the tenant for compensation and damages.
    Cho-man likes this.

  7. #7

    Join Date
    Mar 2008
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    937

    Deny its your flat on the listing (sounds like you have admitted it). Arguably he cant boot you out, as you haven't technically let out the flat to anyone (it was only listed without success).


  8. #8

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    May 2009
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    But you didn't rent it out. So what's the problem? The landlord has no case.


  9. #9

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    Oct 2005
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    Quote Originally Posted by flameproof:
    But you didn't rent it out. So what's the problem? The landlord has no case.
    Ah but the intent was there
    That's evidence enough.

    OP
    Just grovel to the Landlord and say sorry blah blah and it won't happen again and see what he says.
    That's all you can do
    Cho-man and hongkong7 like this.

  10. #10

    Join Date
    Dec 2015
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    37
    Quote Originally Posted by robertlempriere:
    Was the tenancy agreement stamped by the government?
    No, I don't see any government stamp.
    Quote Originally Posted by dumbdonkey:
    you can argue with someone who has your money or move out peacefully and get your deposit back.
    I don't want to argue nor fight, my lease was supposed to end at the beginning of January anyway. I just don't want my landlord to take my deposit which would seem a bit unfair.

    Quote Originally Posted by hullexile:
    If I rented my property to someone and the found out by accident that the person was renting it to someone else (who I would know nothing about) I would not be happy. You didn't think to let the landlord know what you were doing?
    Yep, that was my mistake. In my head it was only for a week so I didn't want to bother the landlord for that. Lesson learned.

    Quote Originally Posted by flameproof:
    But you didn't rent it out. So what's the problem? The landlord has no case.
    Quote Originally Posted by jimbo:
    Ah but the intent was there
    That's evidence enough.

    OP
    Just grovel to the Landlord and say sorry blah blah and it won't happen again and see what he says.
    That's all you can do
    That's what I did. I'm waiting to hear from him. I also spoke with the real estate agent who found the place for me and he said he would help.

    Do you guys confirm that he is allowed by law to kick me out AND to take my deposit?

    Thanks

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