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Can bring landlord to criminal case, if intentionally avoiding talks while not refunding the whole without details?

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  1. #11

    Join Date
    Mar 2010
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    5,331

    66k as a deposit, there is sumting Wong with you.


  2. #12

    Join Date
    Feb 2011
    Location
    Hong Kong
    Posts
    6,270

    Exactly, I don't know why so many people come on here and assert criminal and police. This is not a police matter and not a criminal offense.

    Small claims court under 50k. No lawyer is allowed. The landlord can fake damages to lower his responsibility and any judgement is not enforceable. It's merely a piece of paper that says he owes you money.

    Over 50k you might be spending 50k on attorney fees and who knows if you can collect the winnings.

    It's really your fault for paying the last two months rent. There are no exceptions. People don't return the key without a cash refund of their deposit. Once you return the key, it's basically a done deal. No further discussions are needed.


  3. #13

    Join Date
    Jan 2008
    Posts
    1,977

    People have been advised not to return the key until they get the rental deposit back.
    What is the legal position? If the tenant refuses to hand over the possession, , then legally he/she is bound to pay the rent till the time possession is handed over to the landlord.?


  4. #14

    Join Date
    Oct 2010
    Posts
    18,781

    Yes, I believe so.


  5. #15

    Join Date
    Dec 2014
    Posts
    6

    Yes. At least my contract mentioned so..


  6. #16

    Join Date
    Feb 2015
    Location
    Hong-Kong
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    5,552

    Correct. It's being treated as "arrears" and recoverable by the landlord (along with his/her legal fees associated with this exercise) through the Lands Tribunal. No minimum amount required to file, and the landlord need not seek repossession to be entitled to the arrears. Meaning arrears are due even if the tenant eventually vacates.


  7. #17

    Join Date
    Feb 2011
    Location
    Hong Kong
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    6,270

    Usually the landlord doesn't want the trouble. So easy to get the deposit back immediately so the landlord can lease again.


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