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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. #1

    Join Date
    Dec 2014
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    Can bring landlord to criminal case, if intentionally avoiding talks while not refunding the whole without details?

    If landlord keeps ignoring calls mails and messages, while holding the deposit even without disclosing how much was the damage?

    I used to talk to the Secretary of the landlord. Though kept asking co- inspection on the last day ir earlier, The Secretary kept asking me to leave the key to a real estate agent and the agent asked to do to the management office as he is out of HK. (Feeling not comfortable) but let the key to the management office and asked the Secretary and the agent to do inspection together anytime they want.

    No reply and got a WhatsApp message after 13 days, one day before the deposit return deadline, that they need 2 weeks for the repainting etc due to the bad condition, not from normal wear and tear. They took pictures of scratches in the store room but most of them could be easily removed after normal repainting for a new tenant.

    They were quite difficult and far away from cooperative so dropped email that let me know the additional cost from my obvious misusing. But another 3 weeks are passing and now the Secretary did not answer any call or message or mail. Even no reply to rental receipt issue Request....

    Afraid the guy had a plan to scam the whole from the beginning. In this case, could i report to police?

    Many thanks,

    Andy


  2. #2

    Join Date
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    Go through this thread.. Lot of useful ideas there..

    https://geoexpat.com/forum/61/thread331221-12.html


  3. #3

    Join Date
    Dec 2014
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    Thanks. Will keep the thread there.


  4. #4

    Join Date
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    Short answer, you're screwed. There are ways to prepare for this to mitigate your risk, but in the case you didn't so easy to screw you if landlord wants to.

    Long answer, file small claims suit and go through the process and time involved, and hope they pay when you win.

    Note: you shouldn't have any deductions on your deposit. Even for small damages.


  5. #5

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    Dec 2014
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    Hi MandiM!,
    Yes I am screwed. Understand the guy is difficult but didnt expect one of the worst.

    The deposit is over 60k so need a lawyer to file. Anyone you can recommend or refer?

    Many thanks,

    Andrew


  6. #6

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    Jan 2008
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    Quote Originally Posted by ehayan
    Hi MandiM!,
    Yes I am screwed. Understand the guy is difficult but didnt expect one of the worst.

    The deposit is over 60k so need a lawyer to file. Anyone you can recommend or refer?

    Many thanks,

    Andrew
    Legal fees will be high. I suggest you file claim for $49,000/ only in Small Claims Tribunal. forego the $11,000/
    ehayan likes this.

  7. #7

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    Even if you win small claims can't force landlord to pay. And most probably landlord knows that.


  8. #8

    Join Date
    Dec 2014
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    In my case, the bastard holds 66K .. will check the legal fees and will decide to go for which.

    By the way, anyone considered or did 'criminal case for the intentional delay or just refusion?


  9. #9

    Join Date
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    Quote Originally Posted by ehayan
    In my case, the bastard holds 66K .. will check the legal fees and will decide to go for which.

    By the way, anyone considered or did 'criminal case for the intentional delay or just refusion?
    It is a civil matter. Police will not register a criminal case.

  10. #10

    Join Date
    Feb 2015
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    Yes. There's nothing in the landlord's behaviour that is of criminal nature in HK, based on what you have given us here.
    And dispute around deposits are out of scope for the Land Tribunal.
    Small Claim Tribunal or District Court depending on how much you want to claim. Don't see other choices if you want to involve the judiciary.

    ehayan likes this.

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